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Loan Agreement And Promissory Note for Philippines

Loan Agreement And Promissory Note Template for Philippines

This document combines a Loan Agreement and Promissory Note, structured under Philippine law, which establishes the terms and conditions of a lending arrangement while incorporating a formal promise to pay. It complies with the requirements of the Civil Code of the Philippines, Truth in Lending Act, and relevant banking regulations. The document details the loan amount, interest rates, repayment terms, security arrangements (if any), events of default, and remedies available to the lender. It includes mandatory disclosures required by Philippine banking regulations and provides mechanisms for enforcement under local jurisdiction.

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What is a Loan Agreement And Promissory Note?

The Loan Agreement and Promissory Note is a fundamental document in Philippine financial transactions, used when one party extends credit to another with a formal promise of repayment. This document is essential for both institutional lending and private loan arrangements, combining comprehensive loan terms with a legally binding promise to pay. It must comply with Philippine banking regulations, particularly the Truth in Lending Act and Central Bank guidelines regarding interest rate disclosures. The document is commonly used by banks, financial institutions, and private lenders for various purposes including business expansion, asset acquisition, or personal financing. Its dual nature as both a loan agreement and promissory note provides additional security to the lender while ensuring clear terms for the borrower.

What sections should be included in a Loan Agreement And Promissory Note?

1. Parties: Identification of the Lender and Borrower with complete details as required under Philippine law

2. Background: Context of the loan agreement and relationship between the parties

3. Definitions: Definitions of key terms used throughout the agreement

4. Loan Amount and Purpose: Specifies the principal amount of the loan and its intended use

5. Interest Rate: Details of the interest rate, calculation method, and compliance with Philippine banking regulations

6. Repayment Terms: Payment schedule, method of payment, and prepayment provisions

7. Conditions Precedent: Conditions that must be satisfied before the loan is disbursed

8. Representations and Warranties: Statements of fact by the borrower about their legal and financial status

9. Covenants: Ongoing obligations of the borrower during the loan term

10. Events of Default: Circumstances that constitute default and trigger remedies

11. Remedies: Lender's rights and remedies in case of default

12. Expenses and Indemnification: Allocation of costs and indemnification obligations

13. Notices: Process for formal communications between parties

14. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes

15. Execution: Signature blocks and execution requirements

What sections are optional to include in a Loan Agreement And Promissory Note?

1. Security Arrangements: Details of any collateral or security for the loan - include when the loan is secured

2. Guaranty: Terms of any guarantee provided - include when there is a guarantor

3. Insurance Requirements: Required insurance coverage for secured assets - include for secured loans

4. Assignment and Transfer: Rights to assign or transfer the loan - include for transferable loans

5. Tax Provisions: Handling of taxes and withholdings - include for larger loans or when tax implications are significant

6. Co-Borrower Provisions: Terms applying to co-borrowers - include when there are multiple borrowers

7. Electronic Execution: Provisions for electronic signing - include if electronic execution is contemplated

8. Post-Dated Checks: Terms regarding post-dated checks as payment security - include if PDCs are used

What schedules should be included in a Loan Agreement And Promissory Note?

1. Repayment Schedule: Detailed amortization table showing payment dates and amounts

2. Fees and Charges: Breakdown of all applicable fees and charges as required by Truth in Lending Act

3. Security Details: Detailed description of any collateral or security provided

4. Conditions Precedent Documents: List of required documents to be provided before loan disbursement

5. Disclosure Statement: Truth in Lending Act disclosures in prescribed format

6. Form of Promissory Note: Template of the promissory note to be signed

7. Contact Details: Complete contact information for all parties and relevant contacts

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

Philippines

Publisher

Ƶ

Document Type

Finance Agreement

Cost

Free to use
Relevant legal definitions









































Clauses



































Relevant Industries

Banking and Financial Services

Real Estate

Manufacturing

Retail

Agriculture

Construction

Technology

Healthcare

Education

Transportation

Small and Medium Enterprises

Mining and Resources

Hospitality

Energy

Relevant Teams

Legal

Credit Risk

Compliance

Finance

Treasury

Operations

Collections

Underwriting

Client Relations

Documentation

Risk Management

Corporate Banking

Retail Banking

Relevant Roles

Credit Officer

Loan Officer

Legal Counsel

Corporate Lawyer

Banking Manager

Risk Manager

Compliance Officer

Financial Controller

Chief Financial Officer

Credit Analyst

Relationship Manager

Treasury Manager

Collections Manager

Underwriting Manager

Branch Manager

Account 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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