Forgivable Promissory Note Template for New Zealand

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Key Requirements PROMPT example:

Forgivable Promissory Note

"I need a Forgivable Promissory Note for a $50,000 employee retention loan that will be fully forgiven if the employee remains with the company until March 2025, with partial forgiveness of 25% for each completed year of service."

Document background
A Forgivable Promissory Note is commonly used in New Zealand business and employment contexts where organizations wish to provide financial support while incentivizing specific behaviors or outcomes. This document type is particularly relevant for employee retention programs, professional development funding, business investments, and educational support initiatives. The Forgivable Promissory Note creates a formal debt obligation that can be forgiven upon meeting predetermined conditions, such as continued employment, achievement of performance metrics, or completion of specific milestones. It must comply with New Zealand's financial regulations and contract law, including the Contract and Commercial Law Act 2017 and relevant tax legislation regarding debt forgiveness.
Suggested Sections

1. Parties: Identifies the Lender and the Borrower, including full legal names and addresses

2. Background: Explains the context of the loan and the intent to create a forgivable promissory note

3. Definitions: Defines key terms used throughout the document

4. Loan Amount and Interest: Specifies the principal amount, interest rate, and how interest is calculated and compounded

5. Repayment Terms: Details the payment schedule, including due dates, payment amounts, and payment methods

6. Forgiveness Provisions: Specifies the conditions under which the loan may be forgiven, including timing and requirements

7. Events of Default: Lists circumstances that constitute default and the consequences thereof

8. Representations and Warranties: Standard declarations by the Borrower about their legal capacity and financial condition

9. Notice Requirements: Specifies how and when formal notices must be given between parties

10. Governing Law: Confirms New Zealand law applies and specifies jurisdiction for disputes

Optional Sections

1. Security: Include when the note is secured by collateral or personal guarantee

2. Acceleration Clause: Include when immediate repayment can be demanded under specific circumstances

3. Performance Conditions: Include when forgiveness is tied to specific performance metrics or milestones

4. Tax Provisions: Include when there are specific tax implications of forgiveness that need to be addressed

5. Assignment and Transfer: Include when the note may be transferable or assignable

6. Multiple Borrowers: Include when there are multiple borrowers with joint and several liability

7. Prepayment Terms: Include when early repayment is allowed and any associated conditions

Suggested Schedules

1. Schedule A - Payment Schedule: Detailed amortization schedule showing payment dates and amounts

2. Schedule B - Forgiveness Conditions: Detailed description of specific conditions and metrics for loan forgiveness

3. Schedule C - Security Details: Description of any collateral or security arrangements (if applicable)

4. Appendix 1 - Notice Details: Contact information and prescribed methods for formal notices

5. Appendix 2 - Performance Metrics: Detailed description of any performance metrics tied to forgiveness

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

Relevant Industries

Financial Services

Education

Healthcare

Technology

Professional Services

Manufacturing

Real Estate

Agriculture

Non-Profit

Start-ups

Relevant Teams

Legal

Finance

Human Resources

Compliance

Treasury

Risk Management

Corporate Governance

Accounting

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Human Resources Director

Legal Counsel

Corporate Lawyer

Financial Controller

Treasury Manager

Compliance Officer

HR Manager

Talent Acquisition Manager

Company Secretary

Risk Manager

Accounting Manager

Business Development Director

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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