Free Promissory Note

Answer a few simple questions Print and download instantly It takes just 5 minutes

Free Promissory Note

  1. Answer a few simple questions
  2. Email, download or print instantly
  3. Just takes 5 minutes

Promissory Note

Loan Amount


Loan Amount

How much is being loaned?
$



Frequently Asked Questions
What is compound interest?Simple interest is calculated based only on the original loan amount. In contrast, compound interest is calculated based on both the original loan amount as well as the accumulated interest from previous periods.

The more frequently interest is compounded, the more interest will grow. For example, interest compounded weekly will result in more overall interest paid than interest compounded monthly.


Your Promissory Note

This document preview is formatted to fit your mobile device. The formatting will change when printed or viewed on a desktop computer.
Promissory Note Page of
Page of

PROMISSORY NOTE
(this "Note")


         


         

Borrower:

__________ of ______________________________________ (the "Borrower")

Lender:

__________ of ______________________________________ (the "Lender")

Principal Amount:      $_____________ AUD

  1. FOR VALUE RECEIVED, The Borrower promises to pay to the Lender at such address as may be provided in writing to the Borrower, the principal sum of $_____________ AUD, without interest payable on the unpaid principal, beginning on 3 July 2020.
  2. This Note will be repaid in full on 3 July 2020.
  3. The Borrower shall be liable for all costs, expenses and expenditures incurred including, without limitation, the complete legal costs of the Lender incurred by enforcing this Note as a result of any default by the Borrower and such costs will be added to the principal then outstanding and shall be due and payable by the Borrower to the Lender immediately upon demand of the Lender.
  4. If any term, covenant, condition or provision of this Note is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Note will in no way be affected, impaired or invalidated as a result.
  5. This Note will be construed in accordance with and governed by the laws of Commonwealth of Australia.
  6. This Note will enure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns of the Borrower and the Lender. The Borrower waives presentment for payment, notice of non-payment, protest and notice of protest.

IN WITNESS WHEREOF the parties have duly affixed their signatures under seal

SIGNED, SEALED, AND DELIVERED
this ________ day of ________________, ________.

   


_______________________________
__________

     


SIGNED, SEALED, AND DELIVERED
this ________ day of ________________, ________.

   


_______________________________
__________

     

Required Disclosures

If the lender is in the business of providing loans and the loan is predominantly for personal, domestic or household purposes then the National Credit Code may apply to you. To determine if the National Credit Code applies to you and whether you need a licence please review the following link: (If you are still unsure you may need to consult a qualified attorney in your jurisdiction)

  1. A pre-contractual statement setting out the matters required by the National Credit Code. The requirements for the pre-contractual statement can be found in section 17 of the National Credit Code at:
    http://www.austlii.edu.au/au/legis/cth/consol_act/nccpa2009377/sch1.html
  2. An information statement setting out the borrower’s statutory rights and statutory obligations. A copy of the information statement (Form 5) can be found at:
    http://www.comlaw.gov.au/Details/F2012C00052

In such situations, the lender must also provide the borrower with an amortisation schedule which can be purchased from LawDepot.com or a similar document containing the following information, as outlined in section 17 of the National Credit Code:  

  1. the calculation of the monthly payments;
  2. the total amount of interest payable;
  3. the amount of each repayment and when it is to be made.

You can review the National Consumer Credit Protection Act at:
http://www.comlaw.gov.au/Details/C2012C00684

Promissory Note Information

A Promissory Note is also known as a/an:

  • Commercial paper
  • IOU
  • Note payable

What is a Promissory Note?

A Promissory Note documents the legally binding promise that a borrower makes to pay back a loan under certain terms and conditions. However, unlike an IOU that simply acknowledges a debt amount, a Promissory Note goes into detail about the consequences of failing to repay a loan. For instance, this form typically includes details of the original loan amount, any applicable interest rates, a repayment plan, and collateral security.

What are the features of a Promissory Note?

LawDepot’s Promissory Note template allows you to include information about:

  • The parties involved
  • The amount of money being loaned
  • That date the lender will transfer the money
  • A basic repayment plan

You can also add extra details such as the consequences of failing to make a payment.

When should I use a Promissory Note?

People typically use Promissory Notes for loans that come from non-traditional money lenders like individuals or companies instead of banks or credit unions. These short- or long-term loans often help people achieve various personal and business goals. For instance, you can use this document when borrowing or lending a moderate sum of money to:

  • Purchase real estate
  • Start a business
  • Buy a vehicle
  • Consolidate debt
  • Renovate or construct a home

Use LawDepot’s Loan Agreement for loans of a large amount or that come from multiple lenders. The Loan Agreement is more comprehensive than a Promissory Note and includes clauses about the entire agreement, additional expenses, and the process for amendments (i.e., how to change the terms of the agreement).

How do I make a debt repayment plan?

LawDepot’s Promissory Note template provides several options for customising a borrower’s repayment plan. For instance, lenders can get compensation for loaning money by charging interest. Lenders often charge an interest rate equal to the rate of inflation to offset the decaying value of money that inflation causes over time. Although, lenders who are concerned about the borrower defaulting on payments may charge a higher interest rate.

Another repayment option is requiring the borrower to repay the loan at once (on a specific date or upon demand) or over time with regular payments. Outlining this term in a Promissory Note largely depends on the borrower’s financial situation. That being said, if the borrower has poor credit or unstable income, the lender may require some form of collateral for security.

Although our template cannot give a valid security interest in real estate or land, you can use collateral such as:

  • Valuables like jewellery or collector’s items
  • Investment accounts
  • Business inventory
  • Vehicles
  • Cash

In some situations, the lender must also provide the borrower with an amortisation schedule. This payment schedule calculates the time it will take to pay off a debt by determining how much of each payment goes towards the principal amount and interest.

How do I amend a Promissory Note?

If a borrower is behind on payments, a lender can amend the terms of their Promissory Note with an Amending Agreement. However, it’s important to note that both parties must give informed consent before any contract changes can go into effect. Generally, parties show their consent by signing the amendment document.

Amendments are beneficial because they can address needs that might only become apparent after a lender issues a Promissory Note. Plus, if the parties can agree on contract changes, they can avoid a dispute and costly litigation fees by amending their agreement themselves.

Be sure to attach any contract amendments to the original Promissory Note. This will reinforce the validity of the newly agreed-upon terms and keep all the parties in mutual understanding.

How do I enforce a Promissory Note?

Sometimes a borrower may fall behind on payments or stop paying back a loan altogether. Lenders may then have to take steps to enforce the agreement. Generally, the first step to enforcing a Promissory Note is to send the borrower a Demand Letter that restates payment terms and threatens legal action if the terms are not met by a certain deadline.

If the borrower does not comply with the demand, the lender will likely seize any collateral used to secure the loan and seek court enforcement of debt repayment. Some lenders may sell the debt to a collection agency in order to cut their losses and recoup some money. In either case, it’s important to research the laws that govern debt collection in your jurisdiction to ensure you go about the process properly.

For instance, the court process for debt recovery varies depending on state and territory laws. Also, any debt collection that occurs outside of court must be fair, flexible, and realistic. In some cases, a lender may still be liable for the unethical actions of a collection agency (e.g., putting an unfair amount of pressure on a borrower to pay).

Lenders can refer to the Australian Consumer and Competition Commission for guidelines on legal debt collection methods. Speak to a lawyer if you’re unsure how to handle an overdue debt.

What happens when a borrower pays off a Promissory Note?

Once a borrower repays their debt, there isn’t a need to do anything else. However, if the borrower is only able to pay back a portion of the debt, the lender can use LawDepot’s Release of Liability to release them from their obligations under the Promissory Note. With this document, the lender states that they are satisfied with some level of compensation and agree not to pursue any legal actions against the borrower in relation to the debt.

Related documents

  • Amending Agreement: Add, delete, or change terms in a Promissory Note without voiding the original contract.
  • Demand Letter: Notify a borrower of an outstanding debt and the consequences of not repaying it.
  • Loan Agreement: A contract that’s similar to a Promissory Note but is better suited for loans of a larger amount or that come from multiple lenders.
  • Release of Liability: Release a borrower from their obligations under a Promissory Note if they cannot repay their debt.
Create your free Promissory Note today
Know someone who could benefit from free legal forms? Pass it along:
X
Thanks for sharing!
Create your own Promissory Note
This document preview is formatted to fit your mobile device. The formatting will change when printed or viewed on a desktop computer.
Loading ...
Loading ...

Note: Your initial answers are saved automatically when you preview your document.
This screen can be used to save additional copies of your answers.