Pledge Note for the United States

Pledge Note Template for United States

A Pledge Note is a legal document used in the United States that combines elements of a promissory note with a security agreement. It documents both a promise to pay and the pledge of specific collateral to secure that promise. The document is governed by state-specific UCC provisions and federal regulations, particularly regarding secured transactions and negotiable instruments. It creates an enforceable security interest in the pledged collateral while establishing payment terms and conditions.

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What is a Pledge Note?

A Pledge Note serves as a crucial document in secured lending transactions across the United States. This hybrid instrument combines the payment obligations of a promissory note with the security features of a pledge agreement. Typically used when a borrower needs to provide specific collateral to secure a loan, the Pledge Note clearly defines the pledged assets, payment terms, and the lender's rights in case of default. The document must comply with both federal regulations and state-specific UCC requirements, particularly regarding perfection of security interests. Common applications include asset-based lending, securities-backed loans, and business financing where specific collateral needs to be pledged.

What sections should be included in a Pledge Note?

1. 1. Identification of Parties: Names and complete details of the pledgor and pledgee, including legal capacity and contact information

2. 2. Promise to Pay: Specific amount, payment terms, and interest rate, including the total sum to be repaid and payment schedule

3. 3. Description of Collateral: Detailed description of pledged assets, including identification numbers, location, and value

4. 4. Security Interest: Creation and perfection of security interest in the collateral, including UCC provisions

5. 5. Default Provisions: Events of default, cure periods, and remedies available to the pledgee

6. 6. Signature Block: Execution provisions, dates, and notarization requirements

What sections are optional to include in a Pledge Note?

1. Representations and Warranties: Pledgor's statements about ownership, condition of collateral, and authority to enter into agreement

2. Insurance Requirements: Requirements for insuring pledged assets and maintaining coverage

3. Subordination Provisions: Priority arrangements with other creditors and lien holders

What schedules should be included in a Pledge Note?

1. Schedule A - Collateral Description: Detailed inventory or description of pledged assets, including serial numbers and specifications

2. Schedule B - Payment Schedule: Amortization schedule or detailed payment terms if applicable

3. Exhibit A - UCC Filing Forms: Forms required for perfecting security interest in the pledged collateral

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 commercial transactions, particularly Article 9 (Secured Transactions), Article 3 (Negotiable Instruments), and Article 8 (Investment Securities)

Truth in Lending Act (TILA): Federal law requiring disclosure of credit terms and standardizing the manner in which 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 participation in public assistance programs

Securities Acts: Securities Act of 1933 and Securities Exchange Act of 1934, governing securities transactions and requiring registration of securities offerings and ongoing disclosures

State Usury Laws: State-specific regulations that set maximum interest rates and govern lending practices within each jurisdiction

Blue Sky Laws: State-specific securities laws that regulate the offering and sale of securities to protect investors from fraudulent activities

Dodd-Frank Act: Comprehensive financial reform legislation affecting consumer financial protection and regulation of financial markets

Bankruptcy Code: Federal laws governing bankruptcy proceedings, including provisions for secured transactions, automatic stays, and priority rules

State Property Laws: Laws governing security interests in real and personal property, including recording and perfection requirements

Consumer Protection Laws: State and federal laws designed to protect consumers in financial transactions, including disclosure requirements and unfair practice prohibitions

Teams

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