Promissory Note Between Friends for the United States

Promissory Note Between Friends Template for United States

A Promissory Note Between Friends is a legally binding document used in the United States to formalize personal loans between individuals who know each other. It outlines the loan amount, repayment terms, interest rate (if any), and consequences of default. While less formal than commercial loan agreements, it provides legal protection for both parties and helps maintain clarity in financial dealings between friends.

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What is a Promissory Note Between Friends?

A Promissory Note Between Friends serves as a crucial tool for documenting informal lending arrangements between individuals who have a personal relationship. This document helps prevent misunderstandings and provides legal protection for both parties while maintaining the informal nature of the arrangement. It includes essential details such as the loan amount, payment schedule, interest rates, and default provisions. While common in the United States, the terms must comply with state-specific usury laws and lending regulations. Using a Promissory Note Between Friends is particularly important when significant sums are involved, as it transforms a verbal agreement into a legally enforceable document.

What sections should be included in a Promissory Note Between Friends?

1. Parties: Full legal names and addresses of the lender and borrower

2. Promise to Pay: Clear statement of the debt amount and promise to repay

3. Payment Terms: Specific details about payment amount, frequency, and due dates

4. Interest Rate: Specified interest rate (if any) and calculation method

5. Maturity Date: The date when the full amount must be repaid

6. Signatures: Dated signatures of both parties

What sections are optional to include in a Promissory Note Between Friends?

1. Prepayment Terms: Optional section specifying terms for early repayment of the loan

2. Late Payment Penalties: Optional section defining consequences and penalties for late payments

3. Security/Collateral: Optional section describing any assets securing the loan

4. Default Provisions: Optional section defining conditions constituting default and consequences

5. Acceleration Clause: Optional section specifying conditions under which full payment becomes immediately due

What schedules should be included in a Promissory Note Between Friends?

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

2. Collateral Documentation: Details of any security/collateral (if applicable)

3. Amortization Schedule: Schedule showing principal and interest breakdown for each payment

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

Loan Agreement

Sector

Banking

Cost

Free to use
Industries

State-Specific Laws: Individual state legislation governing promissory notes, including state usury laws setting maximum interest rates and state-specific statute of limitations for debt collection

Truth in Lending Act: Federal law that requires lenders to provide standardized information about credit terms and costs, may be applicable depending on the nature of the loan

Uniform Commercial Code (UCC): Article 3 covering negotiable instruments and Article 9 regarding security interests, providing framework for commercial transactions

Enforceability Requirements: Legal requirements for enforceability including written document, clear promise to pay, definite amount, specific timeframe, and signatures of involved parties

IRS Regulations: Tax implications including personal loan regulations, gift tax considerations for below-market interest rates, and required minimum interest rates (Applicable Federal Rate)

Statute of Frauds: Legal doctrine requiring certain contracts to be in writing and containing essential terms to be enforceable

Basic Contract Elements: Fundamental requirements for valid contracts including capacity of parties, consideration, meeting of minds, and legal purpose

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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