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Demand Promissory Note for Austria

Demand Promissory Note Template for Austria

A Demand Promissory Note under Austrian law is a written financial instrument containing an unconditional promise by one party (the maker) to pay a specific sum of money to another party (the payee) upon demand. The document is governed by Austrian law, particularly the Austrian Civil Code (ABGB) and the Bill of Exchange and Cheque Act, and must comply with the requirements of the Geneva Conventions on Bills of Exchange and Promissory Notes. It serves as a legally binding commitment to pay and can be used in both commercial and private contexts, offering the payee immediate right to demand payment at any time.

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What is a Demand Promissory Note?

A Demand Promissory Note is a versatile financial instrument used in various business and personal transactions under Austrian law. It serves as a formal acknowledgment of debt and a promise to pay, providing the payee with a strong legal position to demand payment at any time. The document is particularly useful in situations requiring a formal record of debt obligations, such as business loans, commercial transactions, or personal lending arrangements. The note must comply with Austrian legal requirements, including the Civil Code (ABGB) and specific regulations governing promissory notes. It typically includes essential details such as the sum payable, parties involved, date of issuance, and place of payment. The demand nature of the instrument means that, unlike term promissory notes, payment can be requested at any time without a fixed maturity date.

What sections should be included in a Demand Promissory Note?

1. Place and Date of Issuance: Specifies where and when the promissory note is issued, which is essential for legal validity

2. Unconditional Promise to Pay: Clear statement of unconditional promise to pay a specific sum of money on demand

3. Sum Payable: The amount to be paid, stated both in numbers and words to avoid any ambiguity

4. Payee Details: Full name and address of the person or entity to whom or to whose order the payment is to be made

5. Maker Details: Full name and address of the person or entity making the promise to pay

6. Place of Payment: Specification of where the payment is to be made

7. Signature Block: Space for the maker's signature and date

What sections are optional to include in a Demand Promissory Note?

1. Interest Provision: Include when the note bears interest, specifying the rate and calculation method

2. Guarantor Details: Include when there is a guarantor for the promissory note, with their full details and signature block

3. Stamp Duty Declaration: Include when required under Austrian Stamp Duty Act, stating the applicable stamp duty category and amount

4. Consumer Protection Notice: Include when the maker is a consumer, containing mandatory consumer protection warnings and rights

5. Transfer Restrictions: Include when there are any restrictions on transferability of the note

What schedules should be included in a Demand Promissory Note?

1. Payment Schedule: If applicable, details of installment payments or specific payment terms

2. Guarantee Agreement: If there is a guarantor, the detailed terms of the guarantee

3. Corporate Authorization: If the maker is a company, evidence of corporate authority to issue the note

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Austria

Publisher

Genie AI

Document Type

Promissory Note

Sector

Banking

Cost

Free to use

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