FAQs
But what exactly do you need to write a promissory note? Include their full legal names, addresses, and contact numbers—include any co-signers if applicable. The terms of this note should specify the amount borrowed, repayment terms (including interest rate, if applicable), and the due date or schedule of payments.
Does a loan agreement need a promissory note? ›
Often there is no legal requirement that a promise to pay be evidenced in a promissory note, nor any prohibition from including it in a loan or credit agreement. Although promissory notes are sometimes thought to be negotiable instruments, this typically is not the case.
Is a handwritten promissory note legal? ›
Promissory notes are quite simple and can be prepared by anyone. They do not need to be prepared by a lawyer or be notarized. It isn't even particularly significant whether a promissory note is handwritten or typed and printed.
Does a promissory note need to be notarized? ›
Promissory notes don't have to be notarized in most cases. You can typically sign a legally binding promissory note that contains unconditional pledges to pay a certain sum of money. However, you can strengthen the legality of a valid promissory note by having it notarized.
What is the most common example of a promissory note? ›
Common types include promissory notes for mortgage loans, federal student loans (also known as a master promissory note), auto loans, and personal loans between friends or family, among other potential uses. It's important to note that bills of exchange and promissory notes are not the same.
Can you write yourself a promissory note? ›
While it's possible to draft a promissory note yourself, it's highly advisable to consult legal professionals, such as an attorney or notary, to ensure the document complies with local laws and regulations.
What is better than a promissory note? ›
Both loan agreements and promissory notes are legally binding - and enforceable - documents which set out terms for the repayment of debts. However, a loan agreement normally contains more specific and stringent terms, with greater obligations and restrictions placed on the borrower.
What makes a promissory note invalid? ›
A promissory note could become invalid if: It isn't signed by both parties. The note violates laws. One party tries to change the terms of the agreement without notifying the other party.
What is the alternative to a promissory note? ›
A bill of exchange is similar to a promissory note, but has some key differences. The first thing to know about a bill of exchange is that it is only used in international business transactions. It is governed by the United Nations Convention on International Bills of Exchange and International Promissory Notes.
Will a promissory note hold up in court? ›
While a promissory note appears valid on paper, certain circ*mstances can affect its enforceability, including: Clarity and specificity: The note must clearly state the amount of money to be paid, the date it's due, and the interest rate if applicable. Vague or incomplete promissory notes may not hold up in court.
However, using a lawyer is not necessary for the loan to be valid. Once you draft the promissory note, it's time for everyone to sign it: the lender, the borrower and the co-signer (if there is one). Again, seeking professional help such as notarizing the signatures is a good idea but not required.
What is the format of a promissory note? ›
Detailed Information – The note has all the required information including the name of the drawer and payee, date of maturity, terms of repayment, issue date, name of the drawee, name, and signature of the drawer, principal amount, and the rate of interest, etc.
What makes a promissory note legally binding? ›
To be legally enforceable, a promissory note must meet multiple legal conditions. Moreover, it must contain both an offer of agreement and an acceptance of agreement. All contracts state the type of services or goods rendered and indicate how much they cost.
What signatures are needed on a promissory note? ›
Both parties must sign the promissory note in the presence of a notary public to ensure its legal validity. Once signed, store the original document in a safe place. Consider using an escrow service for additional security. Online notarized affidavits and digital storage options can also be helpful.
Does a promissory note have to be signed by both parties? ›
A promissory note is a written promise to pay within a specific time period. This type of document enforces a borrower's promise to pay back a lender by a specified period of time, and both parties must sign the document.
What is a promissory note for dummies? ›
A form of debt instrument, a promissory note represents a written promise on the part of the issuer to pay back another party. A promissory note will include the agreed-upon terms between the two parties, such as the maturity date, principal, interest, and issuer's signature.
How do you make a promissory note legally binding? ›
Once the parties address the conditions of the promissory note and sign it, it becomes a legally binding contract.
What is a normal promissory note? ›
A promissory note must include the date of the loan, the loan amount, the names of both the lender and borrower, the interest rate on the loan, and the timeline for repayment. Once the document is signed by both parties, it becomes a legally binding contract.