Promissory Note For Bank Loan Template for India

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Key Requirements PROMPT example:

Promissory Note For Bank Loan

"I need a Promissory Note For Bank Loan for a corporate borrowing of INR 5 crore from State Bank of India, with two co-borrowers and one corporate guarantor, including electronic payment authorization and cross-default provisions."

Document background
The Promissory Note For Bank Loan is a fundamental document in Indian banking transactions, regulated primarily by the Negotiable Instruments Act, 1881, and the Banking Regulation Act, 1949. It is used whenever a bank extends a loan to a borrower, whether an individual or a business entity. The document serves multiple purposes: it evidences the debt, specifies the terms of repayment, and provides the bank with a legally enforceable instrument for recovery. The note must contain specific elements to be valid under Indian law, including an unconditional promise to pay, a definite sum, identified parties, and clear payment terms. It's particularly important as it can be used as evidence in debt recovery proceedings and can be presented before Debt Recovery Tribunals or courts in case of default.
Suggested Sections

1. Place and Date: Specifies the place of execution and date of the promissory note, which is crucial for determining jurisdiction and limitation period

2. Parties' Details: Full names, addresses, and identification details of the borrower (promissor) and the bank (promisee)

3. Promise to Pay: The unconditional undertaking to pay a specific sum of money, including the principal amount in both figures and words

4. Interest Rate: Clear specification of the rate of interest, whether fixed or floating, and how it will be calculated

5. Payment Terms: Details of repayment schedule, installment amounts, and due dates

6. Place of Payment: Specification of where the payment is to be made (typically the bank branch)

7. Signature Block: Space for signature of the borrower with revenue stamp, and witness signatures if required

Optional Sections

1. Co-borrower Details: Required when there are multiple borrowers jointly executing the promissory note

2. Guarantor Section: Used when a third party is providing a guarantee for the loan

3. Default Interest Clause: Specifies additional interest rate applicable in case of default in payment

4. Cross-Default Provisions: Added when the bank wants to link defaults under other facilities with this promissory note

5. Electronic Payment Authorization: Required when automatic electronic payments are set up for loan repayment

Suggested Schedules

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

2. Schedule B - Interest Calculation Method: Detailed explanation of how interest is calculated, especially for floating rate loans

3. Appendix 1 - KYC Documents: List of identity and address proof documents attached

4. Appendix 2 - Bank Account Details: Details of the bank account through which repayments will be made

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

Relevant Industries

Banking and Financial Services

Real Estate

Manufacturing

Information Technology

Retail

Healthcare

Education

Agriculture

Infrastructure

Small and Medium Enterprises

Personal Banking

Corporate Banking

Relevant Teams

Legal

Finance

Compliance

Credit

Risk Management

Banking Operations

Loan Processing

Documentation

Treasury

Corporate Affairs

Relevant Roles

Loan Officer

Credit Manager

Bank Branch Manager

Legal Counsel

Compliance Officer

Chief Financial Officer

Finance Manager

Treasury Manager

Risk Assessment Officer

Company Secretary

Banking Operations Manager

Relationship Manager

Documentation Specialist

Credit Analyst

Recovery Officer

Industries
Negotiable Instruments Act, 1881: Primary legislation governing promissory notes, including their form, content, execution, and enforcement. Sections 4 and 13 specifically define and regulate promissory notes.
Indian Contract Act, 1872: Governs the basic principles of contract formation, including offer, acceptance, consideration, and capacity to contract, which are essential for the validity of the promissory note.
Banking Regulation Act, 1949: Regulates banking operations and lending activities in India, including rules regarding loan documentation and security.
Indian Stamp Act, 1899: Mandates the proper stamping of promissory notes with appropriate stamp duty to make them legally admissible in court.
Registration Act, 1908: While promissory notes generally don't require registration, this Act becomes relevant if the note is coupled with creation of any security interest in immovable property.
Recovery of Debts Due to Banks and Financial Institutions Act, 1993: Provides for establishment of Debt Recovery Tribunals for expeditious adjudication and recovery of debts due to banks.
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI): Enables banks to recover their dues without intervention of courts, in case of secured loans where the promissory note is coupled with security.
Limitation Act, 1963: Prescribes the time limit within which legal proceedings can be initiated for enforcement of the promissory note (three years from the date of default).
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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