Demand Note Payable for the United States

Demand Note Payable Template for United States

A Demand Note Payable is a legally binding financial instrument used in the United States that documents a promise to pay a specified sum of money on demand of the lender, rather than at a predetermined date. It follows federal and state-specific regulations, particularly the Uniform Commercial Code, and includes essential terms such as the principal amount, interest rate, and payment conditions. The document provides flexibility for the lender to request repayment at any time while maintaining legal enforceability.

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What is a Demand Note Payable?

The Demand Note Payable is commonly used in business and personal lending situations where flexible repayment timing is desired. Unlike term loans with fixed payment schedules, this instrument gives the lender the right to demand full repayment at any time. The document must comply with U.S. federal and state lending laws, including usury restrictions and the UCC. It typically includes the principal amount, interest rate, payment terms, and any security interests. Demand Notes are particularly useful for short-term financing, bridge loans, or situations where the lending relationship is based on trust but requires formal documentation.

What sections should be included in a Demand Note Payable?

1. Header: Date, title ('DEMAND PROMISSORY NOTE'), and amount in numerical and written form

2. Promise to Pay: Clear statement of promise to pay, identifying parties and principal amount

3. Interest Rate: Specification of interest rate and calculation method

4. Payment Terms: Statement that note is payable on demand and payment mechanisms

5. Place of Payment: Where and how payment should be made

What sections are optional to include in a Demand Note Payable?

1. Security Interest: Details of any collateral securing the note - used when the note is secured by assets

2. Default Provisions: Consequences of default and acceleration clause - used when specific default terms are desired

3. Prepayment Terms: Rights and penalties regarding early payment - used when prepayment terms are relevant

What schedules should be included in a Demand Note Payable?

1. Schedule A - Collateral Description: Detailed description of assets securing the note (for secured notes only)

2. Schedule B - Payment Schedule: Optional payment schedule if specific payment dates are contemplated despite demand nature

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

United States

Publisher

Genie AI

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Industries

Uniform Commercial Code (UCC): Primary framework governing negotiable instruments including Article 3 (Negotiable Instruments), Article 4 (Bank Deposits and Collections), and Article 9 (Secured Transactions). Forms the backbone of commercial paper law in the United States.

State-Specific Laws: Individual state variations of the UCC, including state usury laws governing maximum interest rates and state-specific statute of limitations for debt collection.

Truth in Lending Act (TILA): Federal law requiring disclosure of consumer credit terms and standardizing the manner in which costs associated with borrowing are calculated and disclosed.

Fair Debt Collection Practices Act (FDCPA): Federal law that limits the behavior and actions of debt collectors who are attempting to collect debts on behalf of another person or entity.

Federal Reserve Regulations: Federal banking regulations that may affect the terms, conditions, and enforcement of demand notes.

Securities Laws: Including Securities Act of 1933 and Securities Exchange Act of 1934, which may apply if the note could be considered a security under federal or state laws.

Internal Revenue Code: Tax provisions affecting the treatment of interest income and implications for both lender and borrower in demand note transactions.

Bankruptcy Law: Regulations governing how the demand note would be treated in bankruptcy proceedings, including priority of claims in case of default.

Teams

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