Promissory Note Secured By Personal Property Template for New Zealand

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Key Requirements PROMPT example:

Promissory Note Secured By Personal Property

"I need a Promissory Note Secured By Personal Property for a $250,000 equipment financing arrangement where manufacturing equipment will serve as collateral, with monthly repayments over 36 months starting March 2025, and need to include specific maintenance requirements for the equipment."

Document background
A Promissory Note Secured By Personal Property is commonly used in New Zealand when a lender requires both a formal promise of repayment and security over personal property to protect their interests. This document type combines elements of a standard promissory note with security arrangements governed by the Personal Property Securities Act 1999. It's particularly useful in business and commercial lending scenarios where the borrower offers specific personal property (such as equipment, inventory, or other movable assets) as collateral. The document must include precise details about the payment obligation, interest rates, the secured property, and enforcement mechanisms. It requires careful drafting to ensure compliance with New Zealand's secured transactions regime, including proper registration on the Personal Property Securities Register (PPSR) to perfect the security interest.
Suggested Sections

1. Parties: Identification of the Maker (borrower/promissor) and Payee (lender/promissee), including full legal names and addresses

2. Background: Brief context of the loan arrangement and purpose of the promissory note

3. Definitions: Key terms used in the document including 'Secured Property', 'Payment Date', 'Default Event', etc.

4. Promise to Pay: The core promise specifying the principal amount, interest rate, and payment date(s)

5. Security Interest: Creation and grant of the security interest in the personal property

6. Description of Secured Property: Clear identification and description of the personal property serving as collateral

7. Payment Terms: Detailed payment obligations including schedule, method, and place of payment

8. Interest: Interest rate, calculation method, and payment frequency

9. Events of Default: Circumstances constituting default and consequences

10. Enforcement Rights: Rights and remedies of the Payee upon default, including PPSA enforcement rights

11. Representations and Warranties: Standard declarations about ownership of collateral and authority to grant security

12. Execution: Signature blocks and attestation requirements

Optional Sections

1. Prepayment Provisions: Include when early payment options are allowed, specifying any penalties or conditions

2. Multiple Makers: Include when there are multiple borrowers, specifying joint and several liability

3. Subordination: Include when the security interest needs to be subordinated to other security interests

4. Insurance Requirements: Include when specific insurance must be maintained on the secured property

5. Assignment: Include when transfer rights need to be specifically addressed

6. Guarantee: Include when a third-party guarantee is part of the security arrangement

7. Special Payment Arrangements: Include when there are non-standard payment terms or conditions

Suggested Schedules

1. Schedule 1 - Collateral Description: Detailed description of the secured personal property including serial numbers, locations, and identifying features

2. Schedule 2 - Payment Schedule: Amortization schedule or payment timeline if installment payments are involved

3. Schedule 3 - Existing Security Interests: List of any existing security interests or encumbrances on the secured property

4. Appendix A - PPSA Financing Statement: Copy of the PPSA financing statement to be registered

5. Appendix B - Condition Report: If applicable, current condition report of the secured property

6. Appendix C - Valuation Certificate: If applicable, current valuation of the secured property

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

Banking & Financial Services

Commercial Lending

Private Lending

Asset Finance

Equipment Finance

Small Business Finance

Consumer Finance

Agricultural Finance

Manufacturing

Retail

Professional Services

Relevant Teams

Legal

Finance

Credit

Risk Management

Collections

Compliance

Commercial Lending

Business Development

Operations

Document Management

Relevant Roles

Credit Manager

Loan Officer

Finance Manager

Legal Counsel

Commercial Lawyer

Risk Manager

Security Trustee

Collections Manager

Credit Analyst

Business Development Manager

Relationship Manager

Compliance Officer

Financial Controller

Chief Financial Officer

Credit Risk Officer

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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