Undertaking Promissory Note Template for United States

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Key Requirements PROMPT example:

Undertaking Promissory Note

"I need an Undertaking Promissory Note for a $250,000 business loan to be repaid over 5 years, with quarterly payments starting March 2025, secured by company equipment and including a personal guarantee from the company director."

Document background
An Undertaking Promissory Note is a fundamental financial instrument widely used in the United States for documenting loans and payment obligations. This document serves as evidence of debt and outlines the terms under which one party promises to pay another. It's commonly used in both business and personal contexts, from small personal loans to large commercial transactions. The document must comply with federal regulations and state-specific laws, including usury restrictions and the Uniform Commercial Code. Key components include the principal amount, interest rate, payment terms, and remedies in case of default.
Suggested Sections

1. Date and Parties: Identifies the lender and borrower with full legal names and addresses

2. Principal Amount: States the amount being borrowed in numbers and words

3. Interest Rate: Specifies the interest rate and calculation method

4. Payment Terms: Details payment schedule, amounts, and due dates

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

6. Signature Block: Space for signatures and date of execution

Optional Sections

1. Security Interest: Include when note is secured by collateral. Used when there is collateral backing the loan

2. Prepayment Terms: Conditions for early payment. Used when early payment is allowed or restricted

3. Default Provisions: Consequences of default. Used when specific default terms are needed

4. Acceleration Clause: Conditions for demanding full payment. Used when immediate repayment might be required

Suggested Schedules

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

2. Collateral Description: Detailed description of security (if secured)

3. Amortization Table: Breakdown of principal and interest payments over the loan term

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

Industries

Uniform Commercial Code (UCC): Article 3 governs negotiable instruments and Article 9 covers secured transactions. Essential for establishing the basic framework of the promissory note.

State-Specific Laws: Individual state regulations governing promissory notes, including state usury laws setting maximum interest rates and specific requirements for enforceability.

Truth in Lending Act (TILA): Federal regulations mandating specific disclosure requirements, particularly crucial for consumer credit promissory notes.

Federal Reserve Regulations: Includes Regulation Z (implementing TILA) and various requirements for consumer credit transactions.

Statute of Limitations: State-specific time limits for enforcement of promissory notes, typically ranging from 3-6 years for written contracts.

Statute of Frauds: Legal requirement mandating written documentation and specific signature requirements for enforceability of the promissory note.

Securities Laws: Including Securities Act of 1933 requirements, relevant if the promissory note might be considered a security.

Bankruptcy Code: Regulations governing the treatment of promissory notes in bankruptcy and priority in case of default.

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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