Forgivable Loan Promissory Note for the United Kingdom

Forgivable Loan Promissory Note Template for England and Wales

A Forgivable Loan Promissory Note is a legally binding document under English and Welsh law that establishes the terms of a conditional loan agreement where the principal amount may be forgiven upon meeting specific criteria. The document outlines the loan amount, repayment terms, interest rates, and specific conditions under which the loan can be forgiven. It combines elements of traditional promissory notes with forgiveness provisions, creating a hybrid instrument often used for employee retention or educational purposes.

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What is a Forgivable Loan Promissory Note?

A Forgivable Loan Promissory Note is commonly used when organizations wish to provide financial assistance while incentivizing specific behaviors or outcomes. Under English and Welsh law, this document serves as both a promise to repay and a conditional forgiveness agreement. It's particularly valuable for employee retention programs, educational support, or professional development initiatives. The document typically includes detailed loan terms, forgiveness conditions, repayment schedules, and default provisions, ensuring compliance with UK financial regulations and consumer protection laws.

What sections should be included in a Forgivable Loan Promissory Note?

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

2. Background: Context of the loan and purpose

3. Definitions: Key terms used throughout the document

4. Loan Amount and Terms: Principal amount, interest rate, and payment schedule

5. Forgiveness Conditions: Specific conditions under which the loan may be forgiven

6. Repayment Terms: Payment schedule and mechanisms

7. Events of Default: Circumstances constituting default and consequences

8. Governing Law: Specification of English and Welsh law as governing law

What sections are optional to include in a Forgivable Loan Promissory Note?

1. Security: Details of any collateral or security, used when loan is secured

2. Guarantor Provisions: Terms relating to any guarantors, used when there are third-party guarantors

3. Early Repayment: Terms for early repayment options, used when early repayment is permitted

What schedules should be included in a Forgivable Loan Promissory Note?

1. Repayment Schedule: Detailed payment dates and amounts

2. Forgiveness Criteria: Detailed criteria and evidence requirements for loan forgiveness

3. Security Details: Details of any security or collateral (if applicable)

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

Loan Agreement

Sector

Banking

Cost

Free to use
Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements in England and Wales. Applicable if the loan is to an individual rather than a business.

Financial Services and Markets Act 2000: Fundamental legislation establishing the regulatory framework for financial services in the UK, including lending activities.

Law of Property Act 1925: Legislation governing property rights and interests, relevant for any security interests in the loan agreement.

Limitation Act 1980: Establishes time limits for enforcing legal rights, including the recovery of debts and loans.

Bills of Exchange Act 1882: Historic legislation setting out the legal framework for negotiable instruments, including promissory notes.

FCA Regulations: Financial Conduct Authority regulatory requirements governing financial services and consumer protection.

CONC Rules: Consumer Credit sourcebook rules providing detailed regulations for consumer credit activities.

UK Money Laundering Regulations 2017: Regulations requiring proper due diligence and monitoring of financial transactions to prevent money laundering.

Data Protection Act 2018: UK implementation of GDPR, governing how personal data must be handled and protected.

Consumer Rights Act 2015: Legislation protecting consumer rights and regulating unfair contract terms in consumer agreements.

Unfair Contract Terms Act 1977: Controls the use of exclusion and limitation clauses in contracts.

Unfair Terms in Consumer Contracts Regulations 1999: Specific regulations protecting consumers from unfair terms in standard form contracts.

Common Law Contract Principles: Fundamental principles including offer, acceptance, consideration, and intention to create legal relations.

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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