A promissory note, also referred to as a demand note or an installment note, is a written legal document through which one party agrees to pay another party a specific amount of money on demand or at a predetermined date. Promissory notes are legally binding documents and can serve as important evidence of money owed in cases of dispute.
A promissory note is typically used by a lender to document the terms of a loan, whether to an individual or a business. The note will specify the interest rate (if one is applicable), the amount due, when the funds are payable and the consequences for late payment. The note also typically specifies that in the event of default, the borrower is responsible for paying collection costs or other associated fees. The note will also describe the collateral for the loan and state the laws that govern it.
Promissory notes are used in both secured and unsecured lending transactions. A secured promissory note is evidence of debt that is backed by collateral, such as real estate or personal property. An unsecured promissory note is not backed by collateral and instead relies on the ability and willingness of the borrower to repay the debt.
Promissory notes are often used in commercial transactions and by companies looking to invest in other businesses. New companies often issue promissory notes to secure short-term financing. Companies can also borrow money by issuing promissory notes as convertible debt or bond instruments. In these cases, the promissory note gives the lender the right to convert the debt to equity in the future if certain conditions are met.
Promissory notes are also commonly used among family members or close friends. Many people who are lending a large sum of money to a family member, such as money for college tuition, will require a Promissory Note to be signed by the borrower as assurance of repayment for the loan.
The terms of a promissory note, such as the duration of the loan, the interest rate and other matters, are strictly enforced in court, so it is important to make sure that the document is legally accurate and that all involved parties understand the terms. It is always advisable to consult with a legal adviser or financial planner when drafting a promissory note.