Forgivable Loan Promissory Note for the United States

Forgivable Loan Promissory Note Template for United States

A Forgivable Loan Promissory Note is a legally binding document used in the United States that combines elements of a traditional promissory note with specific conditions under which the loan may be partially or fully forgiven. It outlines the terms of borrowing, including principal amount, interest rate, repayment schedule, and specifically details the conditions and circumstances under which the borrower may be relieved of the obligation to repay. This document is subject to federal and state lending laws, tax regulations, and may require specific disclosures depending on the jurisdiction and purpose of the loan.

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What is a Forgivable Loan Promissory Note?

A Forgivable Loan Promissory Note is commonly used when organizations want to provide financial assistance while incentivizing specific behaviors or outcomes. This document type is particularly relevant in employment retention, educational support, or economic development contexts. The note must comply with U.S. federal and state lending laws while clearly outlining both the loan terms and the specific conditions that must be met for forgiveness. It typically includes detailed repayment schedules, interest calculations, and forgiveness criteria, along with tax implications of debt forgiveness. The document serves as both a traditional loan agreement and a conditional forgiveness contract, requiring careful structuring to ensure enforceability and clear understanding of obligations.

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

1. Parties: Identification of lender and borrower with full legal names and addresses

2. Background: Purpose of the loan and context for the forgivable nature of the obligation

3. Definitions: Key terms used throughout the document including Principal Amount, Interest Rate, Maturity Date, and Forgiveness Conditions

4. Principal Amount: Statement of the loan amount and disbursement terms

5. Interest Rate: Applicable interest rate, calculation method, and accrual terms

6. Repayment Terms: Payment schedule, methods of payment, and prepayment provisions

7. Forgiveness Conditions: Specific conditions and requirements that must be met for the loan to be forgiven

8. Default Provisions: Events constituting default and consequences thereof

9. Representations and Warranties: Standard representations and warranties made by the borrower

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

1. Security: Details of any collateral securing the loan, applicable when the loan is secured by assets

2. Tax Consequences: Explanation of tax implications of loan forgiveness, including 1099-C reporting requirements

3. Employment Conditions: Terms linking loan forgiveness to employment conditions, used when loan is part of employment compensation

4. Assignment and Transfer: Terms governing the ability to assign or transfer the note, if applicable

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

1. Schedule A - Payment Schedule: Detailed amortization table showing payment dates and amounts

2. Schedule B - Forgiveness Criteria: Detailed metrics or conditions for loan forgiveness including any applicable deadlines

3. Schedule C - Required Disclosures: State and federal law required disclosures including Truth in Lending Act disclosures

4. Schedule D - Tax Forms: Relevant tax forms and disclosures related to potential debt forgiveness

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

Loan Agreement

Sector

Banking

Cost

Free to use
Industries

Truth in Lending Act (TILA): Federal law that requires lenders to provide standardized disclosures about terms and costs associated with lending, ensuring transparency in consumer credit transactions

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending practices based on race, color, religion, national origin, sex, marital status, age, or participation in public assistance programs

Fair Credit Reporting Act (FCRA): Federal law regulating the collection, dissemination, and use of consumer credit information, including requirements for reporting loan status

Dodd-Frank Act: Comprehensive financial reform legislation that established enhanced consumer protection and regulatory oversight in financial transactions

State Usury Laws: State-specific regulations that set maximum interest rates and define what constitutes usurious lending practices within the state's jurisdiction

Internal Revenue Code Section 108: Federal tax provision governing the treatment of debt forgiveness, including requirements for reporting cancelled debt as taxable income with certain exceptions

UCC Article 3: Uniform Commercial Code provisions governing negotiable instruments, including promissory notes, their creation, transfer, and enforcement

State Statute of Limitations: State-specific time limits within which legal action must be taken to enforce the terms of a promissory note

Bankruptcy Laws: Federal laws governing debt discharge and reorganization, which may affect the enforceability and treatment of forgivable loans in bankruptcy proceedings

Form 1099-C Requirements: IRS reporting requirements for cancelled debt, mandating lenders to issue Form 1099-C when forgiving debt above certain thresholds

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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