Private Loan Promissory Note for the United Kingdom

Private Loan Promissory Note Template for England and Wales

A Private Loan Promissory Note is a legally binding document under English and Welsh law that evidences a debt and contains a written promise by a borrower to repay a sum of money to a lender under specific terms. The document outlines the loan amount, interest rate, repayment schedule, and consequences of default. It creates a clear record of the debt obligation and serves as evidence in legal proceedings if necessary. The document must comply with relevant UK legislation including the Consumer Credit Act 1974 and Consumer Rights Act 2015.

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What is a Private Loan Promissory Note?

Private Loan Promissory Notes are essential documents in personal lending transactions under English and Welsh law. They are typically used when individuals or entities need to formalize a loan agreement without involving traditional banking institutions. A Private Loan Promissory Note includes crucial details such as loan amount, interest rates, payment schedules, and default provisions. This document provides legal protection for both lender and borrower, creating a clear record of obligations and rights. It's particularly useful for private loans between individuals, family members, or small businesses, where a formal but straightforward loan documentation is required.

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

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

2. Background: Brief context of the loan arrangement

3. Definitions: Key terms used throughout the document

4. Loan Amount and Purpose: Specified amount and intended use of funds

5. Interest Rate: Agreed interest rate and calculation method

6. Repayment Terms: Payment schedule, amounts, and methods

7. Default Provisions: Consequences of missed payments or breach

8. Governing Law: Specification of English and Welsh law

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

1. Security: Details of any collateral or guarantees - used when loan is secured

2. Early Repayment: Terms for early loan settlement - used when early repayment is permitted

3. Insurance Requirements: Required insurance coverage - used when specific insurance is required

4. Assignment: Rights to transfer the loan - used when transfer rights are relevant

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

1. Repayment Schedule: Detailed payment dates and amounts

2. Security Details: Description of any secured assets - applicable for secured loans

3. Guarantee Agreement: Terms of any guarantee - applicable when a guarantor is 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
Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements, including requirements for form and content of credit agreements, cooling-off periods, and disclosure requirements for loans to private individuals

Consumer Rights Act 2015: Legislation ensuring fairness and transparency in consumer contracts, including protection against unfair terms and conditions in loan agreements

Financial Services and Markets Act 2000: Regulatory framework for financial services, particularly relevant if the lender's activities fall under regulated financial services

Limitation Act 1980: Establishes time limits for bringing claims and statute of limitations for debt recovery in England and Wales

Unfair Contract Terms Act 1977: Controls the use of exclusion clauses in contracts and establishes requirements for reasonableness in contractual terms

Money Laundering Regulations 2017: Sets out due diligence requirements and record-keeping obligations for financial transactions to prevent money laundering

Data Protection Act 2018 / UK GDPR: Governs the handling of personal information and privacy requirements in financial agreements

Financial Services (Distance Marketing) Regulations 2004: Specific requirements for financial services agreements made at a distance rather than face-to-face

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

FCA Regulations: Financial Conduct Authority regulations governing financial services and consumer protection in lending activities

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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