Cash Advance Promissory Note for the United Kingdom

Cash Advance Promissory Note Template for England and Wales

A Cash Advance Promissory Note is a legally binding document under English and Welsh law that evidences a debt and contains a written promise by one party (the borrower) to pay a specific sum of money to another party (the lender) under specified terms. The document includes detailed payment terms, interest rates, default provisions, and any security arrangements. It is governed by the Bills of Exchange Act 1882 and, where applicable, the Consumer Credit Act 1974, providing a formal structure for cash advance arrangements while ensuring compliance with UK financial regulations.

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What is a Cash Advance Promissory Note?

A Cash Advance Promissory Note serves as a critical financial instrument in English and Welsh jurisdictions, particularly useful when businesses or individuals require immediate access to funds with a structured repayment plan. This document type is commonly used for short-term financing needs, bridging loans, or working capital requirements. It provides legal protection for both lender and borrower by clearly documenting the loan amount, repayment terms, interest rates, and consequences of default. The document must comply with the Bills of Exchange Act 1882 and related financial regulations, making it an essential tool for formalizing cash advance arrangements while ensuring legal enforceability.

What sections should be included in a Cash Advance Promissory Note?

1. Parties: Identifies lender and borrower with full legal names and addresses

2. Background: Explains context of the advance and relationship between parties

3. Definitions: Defines key terms used in the document

4. Promise to Pay: Core obligation stating amount, interest rate, and payment terms

5. Payment Schedule: Detailed breakdown of payment dates and amounts

6. Default Terms: Consequences of missing payments or other defaults

7. Signature Block: Execution provisions and witness requirements

What sections are optional to include in a Cash Advance Promissory Note?

1. Security: Details of any collateral or security for the advance - include when the advance is secured against assets

2. Guarantor Provisions: Terms relating to any guarantors of the advance - include when there is a third-party guarantor

3. Early Repayment: Terms for early repayment options and any penalties - include when early repayment is permitted

4. Assignment Rights: Terms regarding transfer of the note - include when the note may be assigned to third parties

What schedules should be included in a Cash Advance Promissory Note?

1. Payment Schedule: Detailed amortization table showing payment dates and amounts

2. Security Details: Description of any secured assets - include for secured advances only

3. Guarantor Information: Details of guarantors and their obligations - include when guarantors are involved

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Clauses
Industries

Bills of Exchange Act 1882: Primary legislation governing promissory notes as negotiable instruments. Defines core requirements for valid promissory notes and establishes rights and obligations of all parties involved.

Consumer Credit Act 1974: Regulates consumer credit agreements, including mandatory disclosures and terms. Particularly relevant if the borrower is a consumer rather than a business entity.

Financial Services and Markets Act 2000: Regulates financial services and activities in the UK. May be applicable if the lender is providing credit as a business activity.

Unfair Contract Terms Act 1977: Controls and regulates unreasonable exclusion clauses in contracts and ensures overall fairness in contract terms.

Consumer Rights Act 2015: Ensures fairness of contract terms and provides additional consumer protections when the borrower is a consumer.

Limitation Act 1980: Establishes statutory time limits for bringing legal actions and defines relevant enforcement periods for promissory notes.

Common Law Contract Principles: Fundamental principles of contract formation under English common law, including offer, acceptance, consideration, and intention to create legal relations.

FCA Regulations: Financial Conduct Authority regulations that may apply if the lending activity falls under regulated financial services.

Anti-Money Laundering Regulations: Regulations requiring proper identification and verification of parties involved in financial transactions to prevent money laundering.

UK GDPR/Data Protection: Laws governing the collection, processing, and storage of personal data of the parties involved in the promissory note.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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