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Promissory Note for India

Promissory Note Template for India

A Promissory Note is a legally binding financial instrument under Indian law, governed primarily by the Negotiable Instruments Act, 1881. It contains an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand or at a fixed determinable future time, a certain sum of money only to, or to the order of, a specified person or bearer. The document must comply with Indian stamp duty requirements and includes essential elements such as the promise to pay, specified amount, maker and payee details, payment terms, and applicable interest rates. It serves as both a negotiable instrument and evidence of indebtedness, enforceable in Indian courts.

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What is a Promissory Note?

A Promissory Note is a fundamental financial instrument widely used in Indian business and personal transactions, deriving its legal framework from the Negotiable Instruments Act, 1881, and the Indian Contract Act, 1872. This document is employed when one party (the maker) wishes to formalize a promise to pay a specific sum to another party (the payee), either on demand or at a predetermined future date. The Promissory Note can be used for various purposes, including documenting loans, credit arrangements, or deferred payment obligations. It must contain certain essential elements to be valid under Indian law, including an unconditional promise to pay, a specified sum, clear identification of parties, and proper execution with required stamp duty. The document's significance lies in its negotiability and enforceability, making it a crucial tool for businesses and individuals in managing financial obligations and debt relationships.

What sections should be included in a Promissory Note?

1. Place and Date: Specifies the place of execution and date of the promissory note, which is crucial for determining jurisdiction and limitation period

2. Promise to Pay: The unconditional undertaking to pay a specified sum, including the amount in both figures and words

3. Maker and Payee Details: Full names and addresses of the maker (promisor) and payee (promisee)

4. Payment Terms: Specifies when the payment is due (on demand or at a specific future date)

5. Interest Clause: States the agreed interest rate and calculation method

6. Signature Block: Space for maker's signature, with revenue stamp if required by local stamp duty laws

What sections are optional to include in a Promissory Note?

1. Security/Collateral Clause: Include when the note is secured by specific assets or collateral

2. Co-maker Details: Include when there are multiple makers jointly promising to pay

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

4. Default Provisions: Include specific consequences of default, if any

5. Prepayment Clause: Include if early payment is allowed and under what terms

6. Witness Details: Include when witnesses are required for additional verification

What schedules should be included in a Promissory Note?

1. Payment Schedule: Detailed breakdown of installment amounts and due dates, if applicable

2. Collateral Details: Description and documentation of assets provided as security

3. Interest Calculation Method: Detailed explanation of interest calculation for complex interest structures

4. List of Co-makers: Details of multiple makers with their addresses and contact information, if applicable

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 | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Relevant legal definitions




















Clauses















Relevant Industries

Banking & Financial Services

Real Estate

Manufacturing

Retail

Agriculture

Technology

Healthcare

Education

Construction

Small & Medium Enterprises

Import/Export

Professional Services

Relevant Teams

Legal

Finance

Treasury

Credit & Collections

Compliance

Risk Management

Corporate Secretarial

Accounts Receivable

Accounts Payable

Business Development

Relevant Roles

Chief Financial Officer

Finance Manager

Financial Controller

Treasury Manager

Credit Manager

Legal Counsel

Compliance Officer

Accounts Manager

Risk Manager

Company Secretary

Business Development Manager

Loan Officer

Collections Manager

Financial Analyst

Corporate Lawyer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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