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Original Promissory Note Template for Austria

An Original Promissory Note under Austrian law is a formal written financial instrument containing an unconditional promise by one party (the maker) to pay a definite sum of money to another party (the payee) at a specified future date or on demand. The document must comply with Austrian legal requirements, particularly the Bills of Exchange and Cheques Act (Wechsel- und Scheckgesetz), and includes essential elements such as the payment amount, due date, and parties' details. It serves as a legally binding document that can be used as evidence of debt and can be transferred to other parties unless specifically restricted.

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What is a Original Promissory Note?

The Original Promissory Note is commonly used in Austrian business and financial transactions as a formal acknowledgment of debt and promise to pay. This document is particularly useful in situations requiring a clear, legally enforceable promise of payment, such as business loans, private lending arrangements, or structured payment agreements. The document must conform to Austrian legal requirements, including those set forth in the Bills of Exchange and Cheques Act, and typically contains specific information about the payment obligation, including the sum, payment date, and parties involved. An Original Promissory Note can be either a standalone document or part of a larger financial transaction, and its format and content are specifically designed to ensure enforceability under Austrian law while facilitating potential negotiability of the instrument.

What sections should be included in a Original Promissory Note?

1. Promise to Pay Statement: Unconditional promise to pay a specific sum of money (must include the words 'Promissory Note' - 'Eigenwechsel' in German)

2. Payee Details: Full legal name and address of the person or entity to whom the payment is to be made

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

4. Payment Amount: The specific sum to be paid, stated both in numbers and words

5. Payment Date: Clear specification of when the payment is due (can be on demand or at a specific future date)

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

7. Place of Issuance: Location where the promissory note is issued

8. Date of Issuance: Date when the promissory note is executed

9. Signature Block: Space for maker's signature and date of signing

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

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

2. Installment Payment Terms: Include when the payment is to be made in installments rather than a single payment

3. Default Provisions: Terms specifying consequences of non-payment or late payment

4. Prepayment Terms: Include if early payment is allowed, specifying any conditions or penalties

5. Security Details: Used when the note is secured by collateral or other assets

6. Guarantee Statement: Include when there is a guarantor for the payment

7. Transfer Restrictions: Any limitations on the transferability of the note

What schedules should be included in a Original Promissory Note?

1. Payment Schedule: If installment payments are involved, detailed schedule of payment dates and amounts

2. Collateral Description: If the note is secured, detailed description of the security/collateral

3. Guarantee Agreement: If applicable, the separate guarantee agreement referenced in the main 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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