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Family Member Promissory Note for Canada

Family Member Promissory Note Template for Canada

A legally binding document used in Canadian jurisdictions to formalize and document loans between family members. This promissory note establishes the terms and conditions of the loan, including the principal amount, interest rate (if any), payment schedule, and default provisions. The document complies with Canadian federal regulations, including the Bills of Exchange Act and Interest Act, while also considering provincial family law requirements. It provides protection for both the lending and borrowing family members by clearly documenting the loan terms and helping to avoid future disputes or misunderstandings about the nature of the financial arrangement.

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What is a Family Member Promissory Note?

The Family Member Promissory Note is essential for documenting intra-family loans in Canada, providing legal structure to what might otherwise be informal arrangements. This document should be used whenever one family member lends money to another and wants to ensure clear documentation of the terms and repayment obligations. It includes crucial elements such as the loan amount, interest rate (considering CRA prescribed rates), payment schedule, and default provisions. The note must comply with Canadian federal legislation, including the Bills of Exchange Act and Interest Act, while also accounting for provincial family law considerations. It's particularly important for tax purposes, estate planning, and preventing future family disputes. The document helps maintain clear financial boundaries within families while providing legal protection for all parties involved.

What sections should be included in a Family Member Promissory Note?

1. Parties: Identification of the family member lender (Payee) and borrower (Maker), including their full legal names, addresses, and family relationship

2. Background: Brief context of the family loan arrangement and acknowledgment of the family relationship

3. Definitions: Key terms used in the document including 'Principal Sum', 'Interest Rate', 'Maturity Date', and other relevant terms

4. Promise to Pay: Clear statement of the borrower's promise to pay the specified amount, including the principal sum and payment terms

5. Interest Rate: Specification of interest rate (if any), ensuring compliance with Interest Act requirements and CRA prescribed rates for family loans

6. Payment Terms: Details of payment schedule, including frequency of payments, amount of each payment, and method of payment

7. Prepayment Rights: Terms allowing early repayment of the loan without penalty

8. Events of Default: Circumstances that constitute default and consequences thereof, written with consideration for the family relationship

9. Notice: Requirements for how formal communications between parties should be made

10. Governing Law: Statement that the note is governed by Canadian law and the specific province's jurisdiction

What sections are optional to include in a Family Member Promissory Note?

1. Security/Collateral: Include when the loan is secured by specific assets or property

2. Late Payment Charges: Include when the parties want to specify penalties for late payments, though this should be carefully considered in family contexts

3. Death or Incapacity: Include provisions for what happens if either party dies or becomes incapacitated during the loan term

4. Co-Signer Provisions: Include when another family member is co-signing the promissory note

5. Debt Forgiveness Terms: Include when there's a possibility of forgiving part or all of the debt under certain circumstances

6. Family Law Waiver: Include when parties want to explicitly state that the loan is not part of family property or matrimonial assets

7. Tax Implications Acknowledgment: Include when parties want to explicitly acknowledge their understanding of tax implications

What schedules should be included in a Family Member Promissory Note?

1. Schedule A - Payment Schedule: Detailed amortization schedule showing payment dates, amounts, and allocation between principal and interest

2. Schedule B - Collateral Description: Detailed description of any assets securing the loan, if applicable

3. Appendix A - Proof of Funds Transfer: Documentation of the initial transfer of loan funds

4. Appendix B - Tax Rate Declaration: Declaration of the prescribed interest rate used for tax purposes, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions

























Clauses

























Relevant Industries

Legal Services

Financial Services

Private Banking

Family Office Services

Estate Planning

Wealth Management

Tax Advisory

Personal Finance

Relevant Teams

Legal

Wealth Management

Private Banking

Estate Planning

Tax Advisory

Personal Banking

Document Management

Risk Management

Compliance

Relevant Roles

Family Lawyer

Estate Planning Attorney

Tax Advisor

Financial Planner

Wealth Manager

Private Banking Advisor

Family Office Manager

Legal Counsel

Notary Public

Trust Officer

Financial Advisor

Estate Administrator

Personal Banking Manager

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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