Forgivable Promissory Note for the United Kingdom

Forgivable Promissory Note Template for England and Wales

A Forgivable Promissory Note is a legally binding financial instrument under English and Welsh law that combines elements of a traditional promissory note with specific conditions for debt forgiveness. It documents a promise to repay a specified sum of money while establishing predetermined conditions under which the debt may be partially or fully forgiven. The document is governed by the Bills of Exchange Act 1882 and related English common law principles, providing a framework for both the repayment obligation and the circumstances that trigger forgiveness.

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What is a Forgivable Promissory Note?

A Forgivable Promissory Note is commonly used in employment, education, and business contexts where organizations wish to provide financial incentives while ensuring certain conditions are met. The document, governed by English and Welsh law, typically includes the loan amount, repayment terms, interest rates (if applicable), and specific conditions that must be satisfied for the debt to be forgiven. These conditions often relate to continued employment, achievement of performance targets, or completion of specific obligations. The Forgivable Promissory Note serves as both a debt instrument and an incentive tool, providing legal protection for the lender while offering the borrower a path to debt forgiveness.

What sections should be included in a Forgivable Promissory Note?

1. Parties: Identification of promisor and promisee with full legal names and addresses

2. Promise to Pay: Unconditional promise to pay a specific sum of money

3. Payment Terms: Amount, interest rate, payment schedule, and maturity date

4. Forgiveness Conditions: Specific conditions under which the debt will be forgiven

5. Default Provisions: Consequences of default and acceleration terms

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

1. Security: Details of any collateral, used when note is secured

2. Prepayment Terms: Rights and conditions for early payment, if allowed

3. Assignment Provisions: Terms for transferring the note, if transferability is desired

4. Representations and Warranties: Additional promises by promisor, used in complex transactions

What schedules should be included in a Forgivable Promissory Note?

1. Payment Schedule: Detailed breakdown of payment amounts and due dates

2. Forgiveness Schedule: Timeline or milestones for partial or complete forgiveness

3. Security Description: Detailed description of any 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

Promissory Note

Sector

Banking

Cost

Free to use
Industries

Bills of Exchange Act 1882: Primary legislation governing promissory notes in England and Wales. Defines valid promissory notes and sets out requirements for form and content.

Consumer Credit Act 1974: Regulates credit agreements and provides consumer protections. Relevant if the promissory note involves a consumer. Sets requirements for form and content of credit agreements.

Limitation Act 1980: Governs time limits for enforcement of contracts, typically 6 years for simple contracts. Important for stating limitation periods in the promissory note.

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

Doctrine of Forgiveness: Common law principles governing conditions for debt forgiveness and requirements for valid waiver of debt obligations.

Money Laundering Regulations 2017: Regulations that may apply to the transaction, particularly if involving substantial sums or specific types of parties.

Financial Services and Markets Act 2000: Relevant if the promissory note forms part of a regulated financial arrangement or involves regulated activities.

Unfair Contract Terms Act 1977: Legislation ensuring that contractual terms are fair and enforceable, particularly important for any conditions attached to forgiveness.

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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