The terms of a note typically
include the principal amount, the interest rate if any,
and the maturity date. Sometimes there will be provisions
concerning the payee's rights in the event of a default,
which may include foreclosure of the maker's assets.
Demand promissory notes are notes that do not carry
a specific maturity date, but are due on demand of the
lender. Usually the lender will only give the borrower
a few days notice before the payment is due.
For
loans between individuals, writing and signing a promissory
note is often considered a good idea for tax and recordkeeping
reasons. A promissory note differs from an IOU in that
the latter is a simple acknowledgement of the existence
of a debt owed, whereas a promissory note, as its name
implies, contains an affirmative undertaking to pay
the amount stated.
In
the United States, a promissory note that meets certain
conditions is a negotiable instrument governed by Article
3 of the Uniform Commercial Code. Negotiable promissory
notes are used extensively in combination with mortgages
in the financing of real estate transactions. Other
uses of promissory notes include the capitalization
of corporate finances through the issuance and transfer
of commercial paper.
At
various times in history, promissory notes have acted
as a form of privately issued currency. In many jurisdictions
today, bearer negotiable promissory notes are illegal
precisely because they can act as an alternative currency.
All Scottish banknotes are effectively standardized
demand promissory notes.
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The information on this web site is in no way intended
to be legal advice. Legal advice can only be obtained
by a licensed attorney who has the appropriate legal
skills and knowledge related to your specific circumstances.