Free Promissory Note Template
Create a legal promissory note for loans between friends, family, or business partners. Include interest rates, payment schedules, and repayment terms with our US template.
This Note is intended to be a negotiable instrument within the meaning of Uniform Commercial Code Article 3, including without limitation UCC section 3-104 (requirements for negotiability), and to evidence the issuance of an instrument as described in UCC section 3-105. Unless a shorter period applies under the governing jurisdiction's statute of limitations, an action to enforce the obligation of the Borrower to pay this Note must be commenced within six (6) years after the due date or dates stated in the Note or, if a due date is accelerated, within six (6) years after the accelerated due date, consistent with UCC section 3-118.
Usury Savings Clause. Notwithstanding any other provision of this Note, the parties intend to comply strictly with all applicable civil and criminal usury laws. Examples of such laws include New York Penal Law section 190.40 (criminal usury) and article XV section 1 of the California Constitution (civil usury rate caps). If any interest, charge, or fee paid or payable under this Note, when aggregated and computed in the manner required by applicable law, would exceed the maximum rate lawfully permitted, then (a) the rate of interest shall automatically be reduced to the maximum rate lawfully permitted, and (b) any excess previously paid shall be applied to reduce the outstanding principal balance of this Note or, if the principal has been fully paid, refunded to the Borrower.
Consumer Credit. If this Note evidences a loan that constitutes "consumer credit" within the meaning of the Truth in Lending Act, 15 U.S.C. section 1601 et seq., and its implementing Regulation Z, any required disclosures shall be provided separately, and in the event of any inconsistency, the statutorily required disclosures shall control.
All collection activity shall be conducted in compliance with applicable law. If the obligation evidenced by this Note is a "debt" and the collector is a "debt collector" within the meaning of the Fair Debt Collection Practices Act, 15 U.S.C. section 1692 et seq., collection shall be undertaken consistent with that Act. Any recovery by wage garnishment, bank levy, or other execution shall be subject to the federal restrictions in Title III of the Consumer Credit Protection Act, 15 U.S.C. sections 1671-1677, and to any stricter limits imposed by the law of the state in which the Borrower resides or is employed.
On this ______ day of ________________________, 20______, before me personally appeared Robert Chen, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.
What Is a Promissory Note?
A U.S. promissory note is a written promise from a borrower to repay a specific sum of money to a lender by a specified date. It is a legally binding American financial document that establishes the loan terms, including the principal amount, interest rate, and repayment schedule. Unlike an informal IOU, a promissory note is enforceable in court.
Promissory notes are used for various types of loans, including personal loans between friends or family members, business loans, and small business financing. They provide legal protection for both parties by clearly documenting all loan terms and payment obligations. A promissory note can be secured with collateral or unsecured, depending on the lender's preference.
Creating a written promissory note is important even for loans to people you trust. It prevents misunderstandings about payment amounts, due dates, and interest rates. If a dispute arises, the promissory note serves as evidence of the agreed-upon terms and can be used to enforce the debt in court.
What's Covered in This Template
Doxuno's promissory note template includes all essential clauses and sections needed to create a legally binding loan document. Each section can be customized to match your specific loan arrangement and terms.
Borrower and Lender Info
Loan Amount
Interest Rate and Calculation
Repayment Schedule
Payment Due Dates
Prepayment Terms
Default Provisions
Collateral Terms
Acceleration Clause
Waiver of Presentment
Governing Law
Signatures and Notarization
How to Create Your Promissory Note
Creating a promissory note requires no legal background. Our template walks you through every section with clear guidance. You can complete a comprehensive promissory note in just minutes.
- 1
Identify the Lender and Borrower
Provide full legal names and current contact information for both the lender and borrower. If either party is a business, include the business name and legal structure. Be specific about who is lending money and who is receiving the loan.
- 2
Specify the Loan Amount
Clearly state the principal amount being loaned. Write the amount in both numeric form and written out to avoid any ambiguity. Include the date the money is being disbursed or received by the borrower.
- 3
Set Interest Rate and Calculation
Determine whether the loan will accrue interest and at what annual percentage rate. Specify how the interest is calculated and when it accrues. Research your state's usury laws to ensure your rate complies with legal limits on interest.
- 4
Create the Repayment Schedule
Define how frequently payments will be made (monthly, quarterly, etc.), the amount of each payment, and the total number of payments. Include the specific due date for each payment. You can also include provisions for prepayment without penalty.
- 5
Sign and Notarize
Have both the lender and borrower sign the promissory note and date it. Consider having the signatures notarized to add legal protection and verify the identities of the signers. Each party should keep a signed copy of the document.
Legal Considerations for US Promissory Notes
A U.S. promissory note is a serious legal document that creates binding obligations. Before you create or sign one, it's important to understand the legal implications and how these American documents are treated under state law. Different jurisdictions have specific rules that may affect your promissory note.
This template is provided for informational purposes and does not constitute legal advice. For complex situations or if you are unsure about your specific case, consult a licensed attorney in your jurisdiction.
Reviewed by legal professionals. The content on this page and the template clauses have been reviewed by licensed attorneys in the United States to ensure accuracy and legal soundness for standard promissory note scenarios.
Secured versus Unsecured Promissory Notes
A secured promissory note includes collateral that the lender can claim if the borrower fails to repay. This collateral might be equipment, property, or other valuable assets. An unsecured promissory note has no collateral and relies solely on the borrower's promise to repay. Unsecured notes carry more risk for the lender since there is no property to seize if the borrower defaults.
Family Loans and IRS Rules
If you are lending money to a family member, be aware of IRS rules regarding family loans. The IRS requires a minimum interest rate on family loans, and without proper documentation, the loan may be treated as a gift for tax purposes. This can trigger gift tax implications for the lender and may be treated as income to the borrower. Always document family loans properly and consider consulting a tax professional.
State Usury Limits and Interest Rates
Each state has different rules about the maximum interest rate that can be charged on loans. These limits are called usury laws and are designed to protect borrowers from predatory lending practices. If you charge an interest rate higher than your state allows, the promissory note may be unenforceable and you could face penalties. Always research your state's current usury limits before setting an interest rate.
Frequently Asked Questions
Create Your Promissory Note Today
Formalize any U.S. loan with a professional promissory note. Our American template handles all the legal details so you can protect your interests with proper documentation.
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