Partial Recourse Promissory Note for the United States

Partial Recourse Promissory Note Template for United States

A Partial Recourse Promissory Note is a legally binding financial instrument used in the United States that documents a promise to repay a specified sum of money under certain terms and conditions. Unlike a full recourse note, it limits the lender's ability to recover the full amount in case of default, typically to specific assets or circumstances. The document outlines payment terms, interest rates, and specific conditions under which the lender can pursue additional assets beyond the designated collateral.

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What is a Partial Recourse Promissory Note?

A Partial Recourse Promissory Note is utilized when parties wish to structure a loan with limited recovery rights for the lender. This document is particularly relevant in situations where the borrower seeks to limit personal liability while the lender maintains some, but not full, rights to pursue assets beyond the primary collateral. The note must comply with U.S. federal and state lending laws, including usury restrictions and UCC requirements. It typically includes specific terms about interest rates, payment schedules, default conditions, and precisely defined recourse limitations.

What sections should be included in a Partial Recourse Promissory Note?

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

2. Background: Context of the loan and purpose of the note

3. Definitions: Key terms used throughout the document including 'Partial Recourse', 'Default', 'Maturity Date'

4. Promise to Pay: Core promise to repay principal amount with specified interest

5. Payment Terms: Schedule, method, and amounts of payments

6. Interest Rate: Specified interest rate and calculation method

7. Recourse Provisions: Specific terms of partial recourse, including limitations and conditions

8. Default Provisions: Definition of default events and consequences

9. Governing Law: Jurisdiction and applicable law

What sections are optional to include in a Partial Recourse Promissory Note?

1. Prepayment Provisions: Terms for early repayment when allowed

2. Security Interest: Description of any collateral when specific assets secure the note

3. Late Payment Penalties: Additional charges for late payments when applicable

4. Assignment Rights: Terms for transferring the note when assignment is permitted

What schedules should be included in a Partial Recourse Promissory Note?

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

2. Collateral Schedule: Detailed description of secured assets when applicable

3. Recourse Limitation Schedule: Detailed breakdown of recourse limitations and conditions

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 that requires lenders to provide standardized disclosures about terms and costs of consumer credit, ensuring transparency in lending practices

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

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

Dodd-Frank Act: Federal legislation providing framework for financial regulation and consumer protection in financial transactions

State Usury Laws: State-specific regulations determining maximum legal interest rates and penalties for exceeding these limits

State Commercial Codes: State-specific modifications and implementations of the Uniform Commercial Code affecting commercial transactions

State Consumer Protection Laws: State-specific regulations protecting consumers in financial transactions and lending agreements

State Statute of Limitations: State-specific time limits for bringing legal action to collect on a debt or enforce a promissory note

Partial Recourse Provisions: Specific legal requirements for defining and implementing partial recourse terms, including circumstances for pursuing additional assets

Statute of Frauds: Legal requirement that certain contracts, including promissory notes, must be in writing and signed to be enforceable

Contract Formation Elements: Legal requirements for valid contract formation including offer, acceptance, consideration, and capacity of parties

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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