Promissory Note To Pay Remaining Balance for South Africa

Promissory Note To Pay Remaining Balance Template for South Africa

A Promissory Note To Pay Remaining Balance is a formal legal document used in South Africa that constitutes a written, signed, and unconditional promise to pay a specified remaining sum of money to a named recipient. The document is governed by South African law, particularly the Bills of Exchange Act 34 of 1964, and creates a legally binding obligation for the outstanding payment. It includes specific terms regarding payment schedule, interest rates (if applicable), and consequences of default, while ensuring compliance with South African financial and consumer protection regulations.

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What is a Promissory Note To Pay Remaining Balance?

The Promissory Note To Pay Remaining Balance is a crucial financial instrument in South African business and personal transactions where partial payment has been made and a formal promise for the remaining payment is required. This document is commonly used when parties have agreed on a payment arrangement for an outstanding balance and need to formalize the commitment in accordance with South African law. The note must comply with the Bills of Exchange Act 34 of 1964 and other relevant legislation such as the National Credit Act when applicable. It typically includes essential details such as the remaining amount owed, payment terms, interest rates, and consequences of default. This type of promissory note is particularly useful in situations where a debt has been partially settled and parties need to document the terms for paying the remaining balance in a legally enforceable manner.

What sections should be included in a Promissory Note To Pay Remaining Balance?

1. Date and Place of Execution: Specifies when and where the promissory note is executed, which is crucial for legal validity and prescription periods

2. Parties: Identifies the maker (promisor/debtor) and the payee (promisee/creditor) with their full legal names and addresses

3. Promise to Pay: Clear and unconditional promise to pay, stating the principal amount in both numbers and words

4. Payment Terms: Specifies the payment schedule, due date(s), and whether it's a lump sum or installment payments

5. Interest Rate: States the applicable interest rate (if any) and how it's calculated, ensuring compliance with the National Credit Act

6. Place of Payment: Designates where and how payments should be made

7. Default Provisions: Outlines consequences of default and acceleration clauses

8. Signatures: Space for signatures of the maker and witness(es)

What sections are optional to include in a Promissory Note To Pay Remaining Balance?

1. Security: Include when the note is secured by collateral or personal guarantee

2. Prepayment Terms: Include when early payment is allowed, specifying any conditions or penalties

3. Transfer Rights: Include when the note is intended to be negotiable or transferable

4. Late Payment Penalties: Include when specific penalties for late payment are to be imposed

5. Attorney's Fees: Include when the maker agrees to pay legal costs in case of enforcement

6. Governing Law: Include when there might be cross-jurisdictional issues within South Africa

What schedules should be included in a Promissory Note To Pay Remaining Balance?

1. Payment Schedule: Detailed breakdown of payment installments with dates and amounts, if applicable

2. Security Details: Description of any collateral or security provided, if applicable

3. Original Debt Agreement: Reference to or copy of the original agreement that gave rise to the debt, if applicable

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

South Africa

Publisher

Genie AI

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Relevant Industries

Real Estate

Construction

Retail

Manufacturing

Professional Services

Financial Services

Agriculture

Education

Healthcare

Automotive

Small Business

Consumer Goods

Technology

Relevant Teams

Legal

Finance

Accounts Receivable

Credit Control

Treasury

Risk Management

Collections

Corporate Secretariat

Contract Administration

Relevant Roles

Financial Manager

Credit Controller

Accounts Receivable Manager

Business Owner

Chief Financial Officer

Legal Counsel

Collections Manager

Finance Director

Credit Risk Manager

Contract Administrator

Treasury Manager

Debt Recovery Officer

Company Secretary

Financial Controller

Industries
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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