Promise To Pay Agreement for India

Promise To Pay Agreement Template for India

A Promise to Pay Agreement is a legally binding document under Indian law that formalizes a debtor's commitment to pay a specified sum of money to a creditor. The agreement, governed by the Indian Contract Act of 1872 and related legislation, documents the acknowledgment of debt and establishes a structured repayment plan. It includes essential details such as the amount owed, payment schedule, interest rates, and consequences of default. The document serves as crucial evidence in debt recovery proceedings and must comply with Indian stamping requirements to be admissible in court.

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What is a Promise To Pay Agreement?

The Promise to Pay Agreement is a fundamental document in Indian commercial and personal financial transactions, used when one party acknowledges a debt and commits to repaying it according to specified terms. This document is particularly crucial in situations involving debt restructuring, settlement of outstanding payments, or formalizing informal lending arrangements. The agreement must comply with Indian contract law requirements and typically includes details about the original debt, payment schedule, interest calculations, and default consequences. It's commonly used by businesses, financial institutions, and individuals to create a legally enforceable payment obligation. The document's format and content are influenced by various Indian legislations, including the Indian Contract Act 1872, the Negotiable Instruments Act 1881, and the Indian Stamp Act 1899.

What sections should be included in a Promise To Pay Agreement?

1. Parties: Identifies and provides full details of the debtor (promisor) and creditor (promisee), including names, addresses, and other contact information

2. Background: Explains the context of the debt, including how it arose and acknowledgment of the outstanding amount

3. Definitions: Defines key terms used in the agreement such as 'Due Date', 'Outstanding Amount', 'Interest Rate', etc.

4. Acknowledgment of Debt: Clear statement acknowledging the exact amount owed and that it is a legitimate debt

5. Promise to Pay: The core promise to repay the specified amount, including the total sum and payment schedule

6. Payment Terms: Detailed terms including payment amounts, due dates, payment methods, and interest calculations

7. Interest: Specifies the applicable interest rate, how it's calculated, and when it applies

8. Default Provisions: Consequences of missing payments or breaching the agreement

9. Representations and Warranties: Debtor's confirmations regarding their ability to pay and the validity of the debt

10. Governing Law and Jurisdiction: Specifies that Indian law governs the agreement and establishes jurisdiction for disputes

What sections are optional to include in a Promise To Pay Agreement?

1. Security/Collateral: Include when the promise to pay is secured by specific assets or collateral

2. Guarantor Provisions: Include when there is a third-party guarantor for the debt

3. Insurance: Include when insurance is required to cover the debt in case of death or disability

4. Prepayment Terms: Include when early payment options are available, including any penalties or benefits

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

6. Force Majeure: Include for business-related debts where unforeseen circumstances might affect payment ability

7. Acceleration Clause: Include when the entire debt should become due upon specific trigger events

8. Dispute Resolution: Include when specific arbitration or mediation procedures are desired before court action

What schedules should be included in a Promise To Pay Agreement?

1. Schedule 1 - Payment Schedule: Detailed breakdown of payment installments, including dates and amounts

2. Schedule 2 - Interest Calculation: Detailed methodology for calculating interest, with examples if needed

3. Schedule 3 - Security Details: Description and documentation of any security/collateral (if applicable)

4. Appendix A - Copy of Original Debt Documentation: Copies of original invoices, agreements, or other documents evidencing the original debt

5. Appendix B - KYC Documents: Copies of identity and address proof documents of the parties

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

Payment Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
Relevant Industries

Financial Services

Banking

Retail

Manufacturing

Construction

Professional Services

Healthcare

Education

Real Estate

Technology

Telecommunications

Small Business

Agriculture

Wholesale Trade

Relevant Teams

Legal

Finance

Accounts Receivable

Credit Control

Treasury

Risk Management

Collections

Corporate Affairs

Business Development

Compliance

Relevant Roles

Chief Financial Officer

Finance Manager

Credit Controller

Accounts Receivable Manager

Legal Counsel

Corporate Lawyer

Debt Recovery Officer

Financial Controller

Treasury Manager

Collections Manager

Risk Manager

Company Secretary

Business Development Manager

Account Manager

Financial Analyst

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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