Forgivable Promissory Note for the United States

Forgivable Promissory Note Template for United States

A Forgivable 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 debt may be forgiven. It outlines the terms of a loan, including principal amount, interest rate, payment schedule, and specific conditions that, when met, result in partial or complete forgiveness of the debt. This document is governed by both federal and state laws, including the Truth in Lending Act and state-specific usury laws.

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What is a Forgivable Promissory Note?

A Forgivable Promissory Note is commonly used when organizations want to provide financial assistance while encouraging specific behaviors or outcomes. This document type is particularly prevalent in employee retention programs, educational funding, and healthcare professional recruitment. The note details the loan amount, repayment terms, and specific conditions that must be met for forgiveness, such as continued employment for a specified period or service in particular geographic areas. In the United States, these agreements must comply with federal lending laws and state-specific requirements regarding interest rates and debt forgiveness.

What sections should be included in a Forgivable Promissory Note?

1. Parties: Identifies lender and borrower with complete legal names and addresses

2. Principal Amount: States the amount being borrowed

3. Payment Terms: Details of payment schedule, including due dates and amounts

4. Interest Rate: Specifies interest rate and calculation method

5. Forgiveness Terms: Conditions under which the loan may be forgiven

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

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

2. Prepayment: Terms for early payment - include when early payment is allowed

3. Default Provisions: Consequences of default - include when specific default terms are needed

What schedules should be included in a Forgivable Promissory Note?

1. Payment Schedule: Detailed schedule of payment dates and amounts

2. Forgiveness Schedule: Timeline and conditions for progressive loan forgiveness

3. Security Agreement: Details of collateral if note is secured

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

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

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

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

Internal Revenue Code: Federal tax regulations governing the tax implications of debt forgiveness, including requirements for reporting forgiven debt as income

State Usury Laws: State-specific laws that set maximum interest rates and regulate lending practices within the state's jurisdiction

State Promissory Note Requirements: State-specific rules governing the format, content, and execution of promissory notes

State Statutes of Limitations: State laws determining the time limit for legal action to collect on a debt or enforce a promissory note

Statute of Frauds: Legal doctrine requiring certain contracts, including promissory notes, to be in writing and signed to be enforceable

Fair Debt Collection Practices Act: Federal law regulating the conduct of debt collectors and protecting borrowers from abusive collection practices

IRS Form 1099-C Requirements: Federal requirements for reporting canceled debt to the IRS and the borrower when debt is forgiven

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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