A promissory note is an acknowledgment of debt with a written and unconditional promise to repay a loan or debt in a specified manner. It may also be called a loan agreement or personal loan agreement.
An IOU on the other hand, only acknowledges that money is owed, but makes no promises on how or when the loan will be repaid.
Our selection of free promissory notes and loan agreements can be downloaded instantly and used as templates or sample documents to compile your own Notes. However, it is always advisable to consult with an attorney to ensure your documents meet all the legal requirements in your jurisdiction.
Important Note: Refer to our guidelines as to the interest charges and late fees to ensure you stay within the legal allowable percentage as per usury law. You should also consider the advantages of a secured loan (vs an unsecured loan) and having co-signors or a guarantor for your loan.
Free Promissory Note Templates and Related Free Legal Forms:
It is acceptable practice to charge interest or late fees on loans. The maximum allowable percentage is determined by usury law in your state or country. Contravening usury laws by charging unacceptably high interest may be a criminal offense. If a court rules your rates as unlawful, all the interest payments on the loan may be offset against the principal loan amount.
The interest rates charged by banks, credit card companies, pawn brokers etc. may be higher than that allowed between individuals and cannot be used as benchmark.
You can extend an interest free loan to a family member or friend. However, the Receiver of Revenue may "assume" that you collected interest and tax you accordingly. To avoid being taxed on unearned interest, you can treat the unearned interest portion as a tax-free gift, but you need to:
If the borrower were to petition for bankruptcy or is declared bankrupt, any available money (from liquidated assets etc.) will first go towards secured loans. So, if your loan agreement is unsecured and there are no co-signors or guarantors to assume responsibility, you may not be able to collect any money.
For smaller or personal loans, the borrower may offer tangible goods such as jewelry, electronic equipment, a vehicle etc. as collateral to secure a loan. A UCC (Uniform Commercial Code) filing serves as public record that the goods described are attached as security or collateral against a Note.
In the case of large business loans or real estate loans, you must consult with an attorney. It is vital that a UCC is filed against business loans. Your lawyer will ensure that corporate shareholders or limited liability members personally guarantee any loans. Real estate loans must be protected with a mortgage or lien which must be filed with the county recorder's office or deeds office.
As added security for a loan, you may require/demand that more than one person sign the PN, e.g. husband and wife, student and parents. As co-signors they will then be held jointly and severally responsible.
Alternatively, or in addition, you may have a separate guaranty agreement with a person who will assume full responsibility for repayment of the loan, should the original borrower(s) default.
Before you sign as guarantor to a loan, you need to verify whether you are guaranteeing a once-off fixed amount (with specified interest) or the ongoing indebtedness of a business operation. In the second instance, the onus is on you to monitor the balance sheet and to notify creditors timeously to withhold further extension of credit. Have your guaranty agreement reviewed by an attorney to ensure that you understand and agree to the conditions therein.
As guarantor you cannot cancel a guaranty agreement and will remain liable until the loan has been repaid in full and the note released.
A PN is a negotiable instrument (if properly executed) where the lender can sell, assign, donate, transfer etc. the note to a third party, who becomes the holder in due course. This may be done without obtaining permission from or giving notice to the borrower. The borrower then becomes obligated to the third party for repayment of the loan.
The reverse is not true. The borrower may not transfer the obligations of the Note to another party without prior written consent from the lender.
If a Note is lost, stolen, destroyed or damaged, it does not release the borrower from repayment of the loan. However, to avoid possible disputes, the lender should store a notarized copy in a safe place. Our sample Promissory Notes also make provision for a replacement Note to be executed in case of loss or damage.
As irrefutable proof of your Note, you should have it witnessed by a notary public. If you choose not to have it notarized, you must have it signed by independent witnesses. The lender must not sign as witness.
The borrower must insist on written receipts of payments made, especially in the case of cash payments. Canceled checks, internet payment remittances or bank deposit slips must be stored safely for record keeping. Upon full and final settlement of the loan, a Release must be issued.
Please refer to our Free Legal Forms page for a complete list of all the free contracts available on our site.
The person or entity supplying the goods, money or a service can be called the noteholder or bearer, lender, creditor, payee, promisee, obligee, seller, service provider.
The person or entity who must repay the loan can be called the maker of the Note, borrower, debtor, payer, promisor, obligor, buyer, endorser, customer.
Co-signors of the Note are equally responsible for repayment of the loan.
Guarantors will enter into a separate guaranty agreement with the lender.
Before you enter into a personal loan agreement or sign a promissory note, be sure that you understand the descriptions, terms and conditions. You must reserve the right to repay the loan sooner than stipulated (prepay) without incurring penalties or being liable for all the interest as calculated over the initial term of the loan.