Future Advance Promissory Note for the United States

Future Advance Promissory Note Template for United States

A Future Advance Promissory Note is a legally binding financial instrument used in the United States that combines traditional promissory note elements with provisions for future advances of funds. It documents the borrower's promise to repay not only an initial loan amount but also additional funds that may be advanced in the future, up to a specified maximum amount, under predetermined terms and conditions.

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What is a Future Advance Promissory Note?

The Future Advance Promissory Note is commonly used in situations where funding needs are anticipated but the exact timing or amounts are not yet determined. This document, governed by U.S. federal and state laws, establishes the framework for both initial and future borrowing, including maximum loan amounts, interest rates, repayment terms, and conditions for additional advances. It provides flexibility for ongoing funding while maintaining clear legal obligations and protections for all parties involved.

What sections should be included in a Future Advance Promissory Note?

1. Loan Amount and Promise to Pay: Specifies the maximum loan amount and borrower's unconditional promise to repay the principal sum plus interest

2. Interest Rate: States the applicable interest rate, calculation method, and compounding frequency

3. Payment Terms: Outlines payment schedule, payment methods, and allocation of payments between principal and interest

4. Future Advance Provisions: Details conditions and procedures for obtaining additional advances under the note, including maximum amount and timing

5. Default Provisions: Defines events of default, cure periods, and consequences of default including acceleration of the debt

What sections are optional to include in a Future Advance Promissory Note?

1. Security Interest: Provisions detailing any collateral securing the note and the lender's rights regarding the security

2. Prepayment Provisions: Terms governing early repayment options, including any prepayment penalties or requirements for notice

3. Draw Procedures: Specific procedures and requirements for requesting and receiving future advances under the note

4. Late Payment Provisions: Details of late payment fees and consequences of late payments

What schedules should be included in a Future Advance Promissory Note?

1. Payment Schedule: Detailed schedule showing payment dates, amounts, and allocation between principal and interest

2. Draw Schedule: Timeline and conditions for future advances, including any minimum or maximum draw amounts

3. Collateral Description: Detailed description of any assets securing the note, including identification numbers or legal descriptions

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 clear disclosure of lending terms and costs to protect consumers in credit transactions

Dodd-Frank Wall Street Reform and Consumer Protection Act: Federal law providing comprehensive financial regulation and consumer protection in financial 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 public assistance status

Fair Credit Reporting Act (FCRA): Federal law regulating the collection, dissemination, and use of consumer credit information

State Usury Laws: State-specific laws setting maximum legal interest rates and terms for lending transactions

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

State Contract Laws: State-specific laws governing contract formation, enforcement, and remedies

State Consumer Protection Laws: State-specific regulations protecting consumers from unfair or deceptive lending practices

UCC Article 3: Uniform Commercial Code article governing negotiable instruments, including promissory notes

UCC Article 9: Uniform Commercial Code article governing secured transactions and security interests in personal property

Securities Act of 1933: Federal law governing the offer and sale of securities, which may apply if the note is considered a security

State Blue Sky Laws: State-specific securities laws regulating the offering and sale of securities within each state

Statute of Frauds: Legal doctrine requiring certain contracts to be in writing to be enforceable

State Recording Requirements: State-specific rules for recording security interests, particularly when the note is secured by real property

Bankruptcy Laws: Federal laws governing the treatment of debts and security interests in bankruptcy proceedings

IRS Regulations: Federal tax regulations governing the treatment of interest income and reporting requirements for lending transactions

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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