A Promissory Note is a legal document that outlines a debt obligation between a lender and a borrower. It details the terms of the loan, including the principal amount, interest rate, repayment schedule, and any additional conditions. A well-crafted Promissory Note is crucial for both parties, ensuring clarity and legal protection.
Key Elements of a Promissory Note
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A standard Promissory Note typically includes the following elements:
1. Borrower and Lender Information
Full Legal Names: Clearly state the full legal names of both the borrower and the lender.
Addresses: Provide the complete addresses of both parties, including street address, city, state, and ZIP code.
2. Principal Amount
Dollar Amount: Specify the exact dollar amount borrowed.
Currency: Indicate the currency in which the loan is denominated (e.g., USD, EUR, GBP).
3. Interest Rate
Percentage Rate: Clearly state the annual percentage rate (APR) of interest on the loan.
Accrual and Payment: Specify how interest will be accrued (e.g., simple or compound) and when it will be paid.
4. Repayment Schedule
Payment Amount: Indicate the amount of each payment.
Payment Frequency: Specify the frequency of payments (e.g., monthly, quarterly, annually).
Due Date: Clearly state the date on which each payment is due.
5. Default and Late Payment
Default Definition: Define what constitutes a default (e.g., missed payments, breach of terms).
Late Fees: Specify any late fees or penalties that may be charged for missed payments.
Acceleration Clause: Outline the lender’s right to demand immediate repayment of the entire loan balance in case of default.
6. Governing Law and Jurisdiction
Governing Law: Specify the state or country whose laws will govern the Promissory Note.
Dispute Resolution: Indicate the preferred method of dispute resolution (e.g., mediation, arbitration, litigation).