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Promissory Note

QGRole


lender
borrower




Your Promissory Note

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PROMISSORY NOTE
(this "Note")



Borrower:



____________________ of ______________________________________ (the "Borrower")

Lender:

____________________ of ______________________________________ (the "Lender")

Principal Amount:      ₹_____________

  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 ₹_____________ INR, without interest payable on the unpaid principal, beginning on 22 April 2024.
  2. This Note will be repaid in consecutive monthly instalments commencing on 22 April 2024 and continuing on the twenty-second of each following month until 22 April 2024 with the balance then owing under this Note being paid at that time.
  3. At any time while not in default under this Note, the Borrower may pay the outstanding balance then owing under this Note to the Lender without further bonus or penalty.
  4. Notwithstanding anything to the contrary in this Note, if the Borrower defaults in the performance of any obligation under this Note, then the Lender may declare the principal amount owing under this Note at that time to be immediately due and payable.
  5. 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.
    The remainder of this document will be available when you have purchased a licence.

Last Updated March 27, 2024

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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 or 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 India's Department of Financial Services 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.
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