Personal Loan Promissory Note for India

Personal Loan Promissory Note Template for India

A Personal Loan Promissory Note is a legally binding financial instrument used in India that documents a borrower's unconditional promise to repay a specific sum of money to a lender under agreed terms. The document is governed by the Indian Negotiable Instruments Act, 1881, and must comply with Indian Contract Act requirements. It includes essential details such as loan amount, interest rate, repayment schedule, and consequences of default. The document serves as evidence of debt and can be used for legal enforcement in Indian courts within the three-year limitation period specified by law.

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What is a Personal Loan Promissory Note?

The Personal Loan Promissory Note is a fundamental document in Indian lending practices, essential for both institutional and private lending arrangements. This document is typically used when extending personal loans, whether between individuals or through financial institutions, and serves as a legally enforceable evidence of debt. Governed by Indian law, particularly the Negotiable Instruments Act, 1881, and the Indian Contract Act, 1872, it must include specific components to be valid, such as an unconditional promise to pay, a definite sum, and proper parties' identification. The document is crucial for protecting lenders' interests while clearly outlining borrowers' obligations, including repayment terms, interest rates, and default consequences. It can be used independently or as part of a larger loan documentation package.

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

1. Parties: Identification of the lender (payee) and borrower (maker) with complete names, addresses, and other relevant contact details

2. Background: Brief context of the loan arrangement and relationship between the parties

3. Definitions: Key terms used in the document including 'Due Date', 'Interest Rate', 'Principal Amount', 'Default Interest'

4. Promise to Pay: Unconditional promise by the borrower to pay the specified sum with interest, including the exact amount in both figures and words

5. Interest Rate and Calculation: Clear specification of the interest rate, calculation method, and payment frequency

6. Payment Terms: Details of repayment schedule, payment method, and due dates

7. Default and Consequences: Conditions constituting default and resulting consequences including default interest rate

8. Representations and Warranties: Basic declarations by the borrower regarding legal capacity and authority to enter into the agreement

9. Notices: Method and addresses for serving notices between parties

10. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

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

1. Security: Include when the loan is secured by any assets or collateral

2. Guarantor Details: Include when a third party is guaranteeing the loan

3. Prepayment Terms: Include when early repayment is allowed, specifying any penalties or procedures

4. Insurance: Include when insurance is required for secured assets or borrower's life insurance is mandated

5. Assignment: Include when either party needs the right to assign the promissory note to others

6. Force Majeure: Include when parties want to address unforeseen circumstances affecting repayment ability

7. Electronic Payment Authorization: Include when automatic electronic payments are being set up

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

1. Schedule A - Repayment Schedule: Detailed amortization schedule showing principal and interest breakup for each installment

2. Schedule B - Security Details: Description of any collateral or security provided for the loan

3. Schedule C - Payment Instructions: Bank account details and payment processing information

4. Appendix 1 - KYC Documents: List of identity and address proof documents provided by the borrower

5. Appendix 2 - Demand Promissory Note: Separate promissory note in prescribed format as per Negotiable Instruments Act

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

India

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant Industries

Banking

Financial Services

Microfinance

Consumer Lending

Peer-to-Peer Lending

Personal Finance

Credit Services

Retail Banking

Private Banking

Relevant Teams

Legal

Compliance

Risk Management

Credit Operations

Retail Banking

Document Processing

Collections

Customer Service

Loan Operations

Credit Assessment

Relevant Roles

Loan Officer

Credit Manager

Legal Counsel

Compliance Officer

Risk Manager

Banking Operations Manager

Personal Banking Officer

Financial Advisor

Collections Manager

Document Specialist

Relationship Manager

Credit Analyst

Branch Manager

Retail Banking Officer

Industries
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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