Future Advance Promissory Note for the United Kingdom

Future Advance Promissory Note Template for England and Wales

A Future Advance Promissory Note is a legally binding financial instrument under English and Welsh law that documents a lender's commitment to advance funds to a borrower up to a specified maximum amount over time, rather than as a single lump sum. It combines the characteristics of a traditional promissory note with the flexibility of a revolving credit facility, detailing the terms of repayment, interest rates, and conditions for future advances.

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What is a Future Advance Promissory Note?

A Future Advance Promissory Note is commonly used in situations where funding requirements are staged or uncertain. This document, governed by English and Welsh law, provides flexibility for borrowers who need access to funds over time while giving lenders security and clear terms for the advancing of funds. It's particularly useful in construction projects, business expansion, or any scenario where capital needs are progressive rather than immediate. The note typically includes maximum facility amount, interest rates, draw-down conditions, repayment terms, and any security arrangements.

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

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

2. Principal Amount: Maximum amount that can be borrowed under the note

3. Interest Rate: Specified rate of interest and calculation method

4. Payment Terms: Schedule and method of repayment

5. Draw Down Provisions: Terms governing future advances under the note

6. Default Provisions: Consequences of default and remedies available

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

1. Security Provisions: Details of any collateral securing the note - include when the note is secured by assets

2. Guarantor Provisions: Terms of any guarantee provided - include when there is a third-party guarantor

3. Prepayment Terms: Conditions for early repayment - include when early repayment is permitted

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

1. Draw Down Schedule: Detailed schedule of planned advances and conditions precedent

2. Repayment Schedule: Detailed amortization schedule if applicable

3. Security Schedule: Details of secured assets 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
Relevant legal definitions
Industries

Bills of Exchange Act 1882: Primary legislation defining promissory notes, their requirements, and setting out rules for negotiable instruments

Consumer Credit Act 1974: Regulates credit agreements and provides consumer protections when the borrower is a consumer

Limitation Act 1980: Sets time limits for enforcing the note, generally 6 years for simple contracts

Law of Property (Miscellaneous Provisions) Act 1989: Establishes requirements for creation of valid legal documents

Financial Services and Markets Act 2000: Relevant if the lender is providing regulated financial services

FCA Regulations: Covers consumer protection rules and responsible lending requirements where applicable

Contract Law Fundamentals: Common law principles covering offer, acceptance, consideration, intention to create legal relations, and capacity to contract

Doctrine of Incorporation: Common law principle requiring that terms must be clearly stated in the contract

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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