Promise Note for New Zealand

Promise Note Template for New Zealand

A Promissory Note is a formal financial instrument governed by New Zealand law, particularly the Bills of Exchange Act 1908, that contains a written, signed, and unconditional promise by one party (the maker) to pay a definite sum of money to another party (the payee). The document specifies the principal amount, interest rate (if applicable), payment terms, and due date(s). It may also include security provisions, default terms, and transferability rights. The note must comply with New Zealand legal requirements for negotiable instruments and can be used in both business and personal contexts.

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What is a Promise Note?

A Promise Note, also known as a Promissory Note, is a fundamental financial instrument widely used in New Zealand business and personal transactions. It serves as a legally binding document where one party formally promises to pay a specific sum of money to another party, either on demand or at a specified future date. This document is governed by the Bills of Exchange Act 1908 and must meet specific legal requirements to be enforceable under New Zealand law. Promissory Notes are commonly used in various scenarios including business loans, personal lending, real estate transactions, and commercial financing. They provide a clear record of debt obligations and payment terms, offering legal protection for both the maker and the payee. The document's flexibility allows it to be either secured or unsecured, negotiable or non-negotiable, and can include various payment terms and conditions to suit specific circumstances.

What sections should be included in a Promise Note?

1. Date: The date of execution of the promissory note

2. Parties: Identification of the maker (promisor) and payee (promisee) with full legal names and addresses

3. Promise to Pay: Clear, unconditional promise to pay a specific sum of money

4. Principal Amount: The exact amount promised to be paid, in both numbers and words

5. Interest Rate: The applicable interest rate, if any, and how it is calculated

6. Payment Terms: When and how the payment(s) will be made, including due date(s)

7. Place of Payment: Where the payment is to be made or received

8. Signatures: Execution block for the maker's signature and date

What sections are optional to include in a Promise Note?

1. Security Interest: Details of any collateral or security provided for the note - include when the note is secured

2. Late Payment Terms: Penalties or consequences for late payment - include when specific late payment terms are desired

3. Prepayment Terms: Terms for early payment of the note - include when early payment is allowed

4. Default Provisions: Consequences of default and remedies available - include when specific default terms are desired

5. Transfer Rights: Terms regarding the transferability of the note - include when transfer restrictions or rights need to be specified

6. Co-Makers: Additional makers of the note - include when there are multiple parties promising to pay

7. Governing Law: Specific jurisdiction governing the note - include when parties are in different jurisdictions

8. Witness Statement: Space for witness signatures - include when witnessing is required or desired

What schedules should be included in a Promise Note?

1. Payment Schedule: Detailed schedule of payment dates and amounts if multiple payments are involved

2. Security Details: Detailed description of any security or collateral provided

3. Guarantor Information: Details of any guarantors and their obligations

4. Amortization Schedule: Schedule showing the breakdown of payments into principal and interest over time

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

New Zealand

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant Industries

Banking and Financial Services

Real Estate

Commercial Lending

Small Business

Construction

Agriculture

Manufacturing

Professional Services

Retail

Healthcare

Education

Relevant Teams

Legal

Finance

Treasury

Credit and Collections

Risk Management

Compliance

Corporate Secretariat

Commercial Operations

Business Development

Relevant Roles

Financial Manager

Chief Financial Officer

Legal Counsel

Corporate Lawyer

Credit Manager

Loan Officer

Business Development Manager

Account Manager

Treasury Manager

Risk Manager

Compliance Officer

Contract Administrator

Financial Controller

Company Secretary

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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