The Features And Use Of A Loan Promissory Note

March 22, 2012 · Posted in Leasing 

A loan promissory note is a legal binding document which is in black and white made by one party to another signed by the issuer. Its main purpose is to engage a payment when demanded or at a fixed time. These debts are usually given to friends or family members.

There are certain features, which must be contained in the document. For example, the amount of money, the interest rate and the time the money is to be repaid. The other issue which should be included, is the mode of payment. For example, it can be weekly, daily or monthly.

The time of payment should also be indicated if it is not to be payable on demand. There are legal terminologies involved when entering into this contract. To start with the promissory is the person who borrows money and makes a promise to repay. The promise is the person to whom a promise is made on when he or she will be refunded the cash.

In any legally binding contract there has to be a consideration. In this case, the consideration to the promisee is the document and the promise that the money will be returned. To the promisor the consideration is the amount of debt he or she will receive.

The other issue is the usury which is an illegal deed. This is hiking of the interest rate or the late fees beyond what is allowed by law. This is usually treated as a criminal offence in most states. It is advisable to check what the laws provide as the maximum interest rate. The interest rate differs from state to state, but it usually ranges between twenty to thirty percent.

Loan promissory notes are very risky especially when they are unsecured. The promisee should only give the loan to a person that is trustworthy. The document becomes unenforceable if it does not have all the vital features.

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