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Promissory Agreement for the United States

Promissory Agreement Template for United States

A Promissory Agreement is a legally binding document governed by U.S. federal and state laws, where one party (the borrower) promises to pay a specific sum of money to another party (the lender) under defined terms and conditions. The agreement specifies the principal amount, interest rate, repayment schedule, and consequences of default. It must comply with state usury laws and federal lending regulations, including the Truth in Lending Act and Uniform Commercial Code requirements.

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What is a Promissory Agreement?

A Promissory Agreement serves as a fundamental lending instrument in the United States, commonly used in both business and personal contexts. This document type is essential when formalizing loan arrangements, whether for business funding, personal loans, or real estate transactions. The agreement must adhere to both federal and state-specific regulations, including usury laws and the Uniform Commercial Code. A well-drafted Promissory Agreement includes specific terms about the loan amount, interest rate, payment schedule, and default provisions, providing legal protection for both lender and borrower.

What sections should be included in a Promissory Agreement?

1. Parties: Identification of lender and borrower with full legal names and addresses

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

3. Definitions: Key terms used throughout the document

4. Principal Amount: The amount being borrowed

5. Interest Rate: The agreed-upon interest rate and calculation method

6. Payment Terms: Schedule and method of repayment

7. Maturity Date: When the full amount must be repaid

8. Signature Block: Space for parties to execute the agreement

What sections are optional to include in a Promissory Agreement?

1. Security: Details of any collateral securing the loan

2. Prepayment Terms: Conditions for early repayment

3. Default Provisions: Consequences of missing payments or other breaches

4. Late Payment Penalties: Additional charges for missed payments

What schedules should be included in a Promissory Agreement?

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

2. Security Description: Detailed description of any collateral

3. Amortization Schedule: Breakdown of principal and interest payments over time

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

United States

Publisher

Ƶ

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Clauses

























Industries

Truth in Lending Act (TILA): Federal law requiring disclosure of credit terms and standardizing how costs associated with borrowing are calculated and disclosed

Equal Credit Opportunity Act (ECOA): Federal law that prohibits discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or participation in public assistance programs

Fair Debt Collection Practices Act (FDCPA): Federal law that limits the behavior and actions of debt collectors who are attempting to collect debts on behalf of another person or entity

UCC Article 3 - Negotiable Instruments: Uniform Commercial Code provisions governing negotiable instruments, including promissory notes, providing rules for their creation, transfer, and enforcement

State Usury Laws: State-specific regulations that set maximum interest rates that can be charged on loans and outline penalties for exceeding these rates

State-Specific Note Requirements: Individual state requirements for the format, content, and execution of promissory notes, including any mandatory disclosure statements

Statute of Limitations: State-specific time limits within which legal action must be taken to enforce the promissory note

Securities Act of 1933: Federal law that may apply if the promissory note could be classified as a security, requiring registration or qualifying for an exemption

State Blue Sky Laws: State-specific securities regulations that may apply to promissory notes considered investment instruments

Consumer Protection Laws: State and federal regulations designed to protect consumers from unfair practices in financial transactions

Statute of Frauds: Legal requirement that certain contracts, including promissory notes, must be in writing and signed to be enforceable

Federal Bankruptcy Code: Federal laws governing bankruptcy proceedings that may affect the enforcement and collection of promissory notes

Teams

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