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Private Promissory Note for the United States

Private Promissory Note Template for United States

A Private Promissory Note is a legally binding document used in the United States that documents a loan between private parties. It outlines the terms of borrowing, including the principal amount, interest rate, payment schedule, and consequences of default. This document is governed by state-specific laws regarding usury rates and UCC Article 3, making it essential to comply with local jurisdiction requirements while maintaining its enforceability.

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What is a Private Promissory Note?

A Private Promissory Note serves as a formal documentation of debt between private parties, commonly used when traditional lending institutions are not involved. This document is essential for protecting both lender and borrower interests by clearly outlining loan terms, repayment schedules, and consequences of default. In the United States, Private Promissory Notes must comply with state-specific usury laws and UCC Article 3 requirements. They are particularly useful for personal loans, business arrangements, and family lending situations where a formal record of debt obligation is needed.

What sections should be included in a Private Promissory Note?

1. Date and Parties: Identifies the date of the note and the parties (Lender and Borrower) with their full legal names and addresses

2. Promise to Pay: The fundamental promise by the borrower to repay the loan, stating the principal amount

3. Payment Terms: Specifies payment schedule, amounts, and due dates

4. Interest Rate: States the interest rate and how it's calculated

5. Maturity Date: Specifies when the entire amount must be paid in full

6. Signature Block: Space for signatures, dates, and witness requirements if applicable

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

1. Security/Collateral: Used when the note is secured by specific assets - include when the loan is secured by property or other assets

2. Late Payment Penalties: Defines penalties for late payments - include when lender wants to impose specific late payment consequences

3. Prepayment Provisions: Terms for early repayment - include when early repayment is allowed or restricted

4. Default Provisions: Defines what constitutes default and consequences - include when specific default terms are desired beyond basic non-payment

5. Acceleration Clause: Allows lender to demand full payment upon default - include when lender wants ability to call the entire loan due

What schedules should be included in a Private Promissory Note?

1. Payment Schedule: Detailed breakdown of payment dates and amounts

2. Collateral Description: Detailed description of any security/collateral (if secured note)

3. Amortization Schedule: Schedule showing principal and interest breakdown of payments

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

United States

Publisher

Genie AI

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Clauses




















Industries

Truth in Lending Act (TILA): Federal law that requires lenders to provide clear disclosure of lending terms and costs to borrowers

UCC Article 3: Uniform Commercial Code provisions governing negotiable instruments, including requirements for creation, transfer, and enforcement of promissory notes

Fair Debt Collection Practices Act: Federal law regulating the conduct of debt collectors and protecting borrowers from abusive collection practices

Securities Act of 1933: Federal law that may apply if the promissory note could be classified as a security, requiring registration or exemption

State Usury Laws: State-specific regulations that set maximum legal interest rates and penalties for exceeding these rates

State-Specific Note Requirements: Individual state laws governing the format, content, and execution of promissory notes

Statute of Limitations: State-specific time limits for bringing legal action to collect on a promissory note

Statute of Frauds: Legal requirement that certain contracts, including promissory notes, must be in writing and signed to be enforceable

Contract Formation Requirements: Basic elements necessary for a valid contract: offer, acceptance, consideration, and capacity of parties

Recording Requirements: State-specific rules for recording promissory notes, particularly when secured by real property

Bankruptcy Laws: Federal laws affecting the treatment and enforceability of promissory notes in bankruptcy proceedings

Tax Implications: Federal and state tax considerations for both lender and borrower regarding interest income and payments

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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