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Simple Loan Note Agreement for Philippines

Simple Loan Note Agreement Template for Philippines

A Simple Loan Note Agreement under Philippine law is a legally binding document that establishes the terms and conditions of a loan between a lender and borrower. The agreement complies with the Civil Code of the Philippines and relevant banking regulations, including BSP circulars and the Truth in Lending Act. It documents the loan amount, interest rate, repayment terms, security arrangements (if any), and the rights and obligations of all parties involved. This document serves as both a promissory note and a comprehensive loan agreement, providing clear terms for enforcement under Philippine jurisdiction.

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What is a Simple Loan Note Agreement?

The Simple Loan Note Agreement is a fundamental legal instrument used in the Philippines for documenting loan transactions between parties. This document type is particularly useful for both institutional lenders and private individuals engaging in loan transactions, providing a clear framework for the lending relationship while ensuring compliance with Philippine banking regulations and civil law requirements. The agreement combines elements of a promissory note with comprehensive loan terms, making it suitable for various lending scenarios from personal loans to business financing. The document typically includes essential provisions required by Philippine law, such as Truth in Lending Act disclosures, interest rate calculations following BSP guidelines, and proper execution requirements. It can be used for both secured and unsecured loans, with the flexibility to add security provisions when required.

What sections should be included in a Simple Loan Note Agreement?

1. Parties: Identifies and provides full details of the Lender and Borrower, including their legal names, addresses, and tax identification numbers as required by Philippine law

2. Background: Briefly states the context of the loan and the parties' intention to enter into the agreement

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Loan Amount and Purpose: Specifies the principal amount of the loan and its intended use, as required by Philippine banking regulations

5. Interest Rate: Details the interest rate, calculation method, and compliance with BSP regulations on interest rates

6. Repayment Terms: Specifies the repayment schedule, payment methods, and any early repayment provisions

7. Security: Details any collateral or security provided for the loan

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

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

10. Remedies: Outlines the Lender's rights and remedies in case of default

11. Governing Law and Jurisdiction: Specifies Philippine law as governing law and designates jurisdiction for disputes

12. Execution: Signature blocks and execution requirements compliant with Philippine law

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

1. Guarantor Provisions: Include when a third party is guaranteeing the loan, detailing the guarantor's obligations and liabilities

2. Insurance Requirements: Include when requiring the Borrower to maintain specific insurance coverage for secured assets

3. Assignment and Transfer: Include when either party may need to transfer their rights or obligations under the agreement

4. Electronic Execution: Include when the agreement may be executed electronically under the E-Commerce Act

5. Post-Dated Checks: Include when repayment will be secured by post-dated checks

6. Prepayment Provisions: Include when early repayment is allowed, detailing any penalties or procedures

7. Co-Borrower Provisions: Include when there are multiple borrowers, detailing joint and several liability

What schedules should be included in a Simple Loan Note Agreement?

1. Schedule 1 - Repayment Schedule: Detailed amortization table showing payment dates, amounts, and breakdown of principal and interest

2. Schedule 2 - Security Details: Detailed description of any collateral or security provided, including registration numbers and locations

3. Schedule 3 - Conditions Precedent: List of documents and conditions that must be satisfied before loan disbursement

4. Appendix A - Form of Promissory Note: Template of the promissory note to be executed alongside the agreement

5. Appendix B - Form of Security Documents: Templates of any security documents required for the loan

6. Appendix C - Disclosure Statement: Truth in Lending Act disclosure statement showing the effective interest rate and other costs

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

Credit Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions










Clauses
























Relevant Industries

Banking

Financial Services

Microfinance

Small Business

Real Estate

Agriculture

Manufacturing

Retail

Construction

Technology

Relevant Teams

Legal

Finance

Compliance

Risk Management

Credit Analysis

Collections

Business Development

Operations

Treasury

Corporate Secretariat

Customer Relations

Relevant Roles

Legal Counsel

Loan Officer

Credit Analyst

Financial Manager

Compliance Officer

Risk Manager

Banking Executive

Finance Director

Corporate Secretary

Business Development Manager

Account Manager

Collections Manager

Treasury Manager

Small Business Advisor

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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