Promissory Note Settlement Agreement for the United Kingdom

Promissory Note Settlement Agreement Template for England and Wales

A Promissory Note Settlement Agreement under English and Welsh law is a legally binding document that formalizes the terms and conditions for settling an existing promissory note obligation. It outlines the agreed payment terms, schedules, and conditions between the note holder and the promisor, potentially including provisions for security, interest, and default remedies. The agreement is governed by English and Welsh law, particularly the Bills of Exchange Act 1882, and typically includes release provisions that become effective upon completion of the settlement terms.

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What is a Promissory Note Settlement Agreement?

A Promissory Note Settlement Agreement is utilized when parties wish to modify, restructure, or settle an existing promissory note obligation. This document is particularly relevant when the original payment terms need to be adjusted or when parties agree to settle the debt for a different amount or payment schedule. Under English and Welsh law, the agreement must comply with the Bills of Exchange Act 1882 and related legislation. It typically includes detailed payment terms, release provisions, and may incorporate security arrangements or guarantees. This type of agreement provides legal certainty and protection for both the note holder and the promisor while establishing clear settlement terms.

What sections should be included in a Promissory Note Settlement Agreement?

1. Parties: Identification and details of the parties entering into the agreement

2. Background: Context of the original promissory note and circumstances leading to settlement

3. Definitions: Key terms used throughout the agreement including references to relevant legislation (Bills of Exchange Act 1882, Law of Property Act 1925, Limitation Act 1980)

4. Settlement Terms: Specific terms of settlement including payment amounts and schedule

5. Release Provisions: Terms releasing parties from further claims upon settlement completion

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

What sections are optional to include in a Promissory Note Settlement Agreement?

1. Security Provisions: Details of any security arrangements, required when settlement is secured against assets

2. Interest Provisions: Terms regarding interest payments, included when interest is part of the settlement

3. Default Provisions: Consequences of default on settlement terms, included when specific default remedies are required

What schedules should be included in a Promissory Note Settlement Agreement?

1. Schedule 1 - Original Promissory Note: Copy of the original promissory note being settled

2. Schedule 2 - Payment Schedule: Detailed schedule of settlement payments including dates, amounts, and payment methods

3. Schedule 3 - Security Details: Detailed description of any security arrangements and associated assets

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 legal requirements for valid promissory notes and their enforcement.

Law of Property Act 1925: Relevant for any security interests involved in the promissory note, particularly if the note is secured against property.

Limitation Act 1980: Establishes time limits for bringing claims, typically 6 years for simple contracts and promissory notes.

Consumer Credit Act 1974: Applies when the agreement involves consumer credit elements or when one party is an individual rather than a business.

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

Settlement Agreement Principles: Common law principles governing settlement agreements, including full and final settlement terms, waiver of claims, and release provisions.

Financial Services and Markets Act 2000: Regulatory framework applicable if the agreement involves regulated financial activities.

Money Laundering Regulations 2017: Regulatory requirements to consider if significant sums are involved in the settlement agreement.

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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