Private Loan Promissory Note for the United States

Private Loan Promissory Note Template for United States

A Private Loan Promissory Note is a legally binding document used in the United States that documents a loan agreement between private parties. It outlines the terms of borrowing, including the principal amount, interest rate, repayment schedule, and consequences of default. This document creates a formal obligation for the borrower to repay the specified amount under the agreed terms and can be used to enforce the debt in U.S. courts if necessary.

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What is a Private Loan Promissory Note?

The Private Loan Promissory Note serves as a crucial document for formalizing loans between private parties in the United States. It is commonly used when individuals, families, or small businesses need to document loan arrangements outside of traditional banking channels. The document includes essential details such as loan amount, interest rate, payment terms, and default provisions. Unlike informal agreements, a properly executed Private Loan Promissory Note provides legal protection for both lender and borrower, and can be used as evidence of debt in legal proceedings.

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

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

2. Background: Brief context of the loan arrangement and relationship between parties

3. Definitions: Key terms used throughout the document defined for clarity

4. Loan Amount: Principal amount being borrowed, expressed in numbers and words

5. Interest Rate: Agreed interest rate, calculation method, and payment terms

6. Repayment Terms: Schedule of payments, including due dates and amounts

7. Default Provisions: Consequences of missing payments or breaching terms

8. Representations and Warranties: Statements of fact and promises made by the borrower regarding their ability to repay

9. Governing Law: Specification of which jurisdiction's laws govern the agreement

10. Signature Block: Space for parties to sign and date the agreement

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

1. Collateral: Description of assets securing the loan, only included for secured loans

2. Prepayment Terms: Conditions for early repayment, including any penalties or benefits

3. Co-signer Provisions: Terms applying to any co-signers of the loan

4. Late Payment Provisions: Specific terms regarding late payments and associated penalties

5. Insurance Requirements: Any insurance requirements for secured loans or borrower obligations

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

1. Schedule A - Payment Schedule: Detailed breakdown of payment dates and amounts

2. Schedule B - Amortization Table: Schedule showing principal and interest breakdown for each payment

3. Schedule C - Collateral Documentation: Details and documentation of any assets securing the loan

4. Schedule D - Truth in Lending Disclosures: Required federal disclosures regarding loan terms and costs

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 loan terms and costs to promote informed borrowing decisions

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

Fair Debt Collection Practices Act (FDCPA): Federal law governing debt collection practices and protecting borrowers from abusive collection methods

Dodd-Frank Act: Comprehensive financial reform legislation that includes provisions affecting private lending and consumer protection in financial transactions

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

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

State Lending Regulations: State-specific rules governing lending practices, including licensing requirements and operational restrictions

State Statutes of Limitations: Time limits set by state law for bringing legal action to collect on a debt or enforce a promissory note

State Disclosure Requirements: State-mandated information that must be provided to borrowers in loan documents

Contract Formation Requirements: Legal elements necessary for a valid contract including offer, acceptance, consideration, and capacity to contract

Consumer Protection Statutes: State and federal laws designed to protect consumers from unfair lending practices and ensure transparency in financial transactions

IRS Regulations: Federal tax rules governing the treatment of interest income and reporting requirements for lenders and borrowers

Gift Tax Implications: Federal and state tax considerations when loans are made below market interest rates or 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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