Promissory Note Payable for the United States

Promissory Note Payable Template for United States

A Promissory Note Payable is a legally binding financial instrument used in the United States that documents a promise to pay a specific sum of money under defined terms. It outlines the principal amount, interest rate, payment schedule, and consequences of default. The document is governed by state-specific laws and the Uniform Commercial Code, requiring compliance with usury laws and proper documentation of terms.

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What is a Promissory Note Payable?

A Promissory Note Payable serves as a fundamental financial instrument in U.S. business and personal transactions. This document is essential when one party lends money to another and needs formal documentation of the debt obligation. The note specifies the loan amount, interest rate, payment terms, and consequences of default. It's commonly used in various scenarios, from business loans to personal lending, and must comply with both federal and state regulations. The Promissory Note Payable becomes particularly important in establishing legal recourse if the borrower defaults on the obligation.

What sections should be included in a Promissory Note Payable?

1. Date: Effective date of the promissory note

2. Parties: Identification of lender and borrower

3. Principal Amount: The amount being borrowed and statement of promise to pay

4. Interest Rate: The applicable interest rate and calculation method

5. Payment Terms: Schedule and method of repayment

6. Maturity Date: When the full amount must be repaid

7. Signature Block: Space for parties' signatures and date

What sections are optional to include in a Promissory Note Payable?

1. Security/Collateral: Details of assets securing the note, used when the note is secured by specific assets

2. Prepayment Terms: Conditions and provisions for early repayment of the note

3. Default Provisions: Specific terms and consequences that apply in case of default

4. Late Payment Penalties: Additional charges and consequences for late payments

What schedules should be included in a Promissory Note Payable?

1. Payment Schedule: Detailed repayment timeline with amounts and due dates

2. Collateral Description: Detailed description of security/collateral if the note is secured

3. Amortization Schedule: Detailed breakdown of principal and interest payments over the term of the note

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 negotiable instruments (Article 3) and secured transactions (Article 9). Essential for creation, enforcement, and transfer of promissory notes.

State-Specific Laws: Individual state regulations including usury laws (interest rate limits), statutes of limitations, and recording requirements for secured notes.

Truth in Lending Act (TILA): Federal law governing consumer credit, including disclosure requirements and right of rescission provisions for consumer promissory notes.

Fair Debt Collection Practices Act (FDCPA): Federal legislation regulating debt collection practices, particularly relevant when notes are transferred or collected by third parties.

State Securities Laws: Regulations governing instruments that may be classified as securities, including certain types of promissory notes.

Bankruptcy Code: Federal laws affecting note enforceability in bankruptcy proceedings and establishing priority rules for creditors.

Tax Laws: IRS regulations and state tax provisions regarding interest income and other tax implications of promissory notes.

Statute of Frauds: Legal requirements for written documentation and signatures in promissory notes to ensure enforceability.

Teams

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