Definition: Promissory Note
A promissory note is a financial document and negotiable instrument that includes an explicit, written promise by one party (the maker) to pay a certain amount of money to another party (the payee), or to their order, or to the bearer of the note, at a specified time in the future. For a promissory note to be valid, it must meet several criteria:
- The promise to pay must be unconditional.
- It must be signed by the maker.
- The document must be delivered to the payee or bearer.
Promissory notes are widely used in the USA but are not in common use in the UK. Reissuance of a promissory note is not possible unless the promise is made by a banker and the note is payable to the bearer, which effectively makes it a banknote.
Examples
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Personal Loan Agreement: A borrower signs a promissory note to borrow $10,000 from a lender, promising to repay the amount in monthly installments over the next five years at a 5% annual interest rate.
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Corporate Finance: A company issues a promissory note for borrowing funds to finance expanding its operations, promising to pay back the principal along with interest to the lender after two years.
Frequently Asked Questions
What is the primary purpose of a promissory note?
The main purpose of a promissory note is to formally document the commitment of the maker to repay a specified sum of money to the payee or bearer at a future date.
Is a promissory note legally binding?
Yes, a promissory note is a legally binding document, provided it contains all the necessary elements and is signed by both parties involved.
Can a promissory note be negotiated?
Yes, since a promissory note is a negotiable instrument, it can be transferred to another party via endorsement, making the new holder the payee.
What happens if a promissory note is not paid?
If the maker of the note fails to fulfill its payment obligations, the payee can take legal action to recover the owed amount based on the terms outlined in the promissory note.
How does a promissory note differ from an IOU?
A promissory note is a more formal financial document than an IOU. It includes terms related to payment date, interest rate, and signatures, making it legally enforceable. An IOU is generally a simple acknowledgment of debt without detailed terms or legal enforceability.
Related Terms with Definitions
- Negotiable Instrument: A written document guaranteeing the payment of a specific amount of money, either on demand or at a set time, which is transferable by endorsement or delivery.
- Maker: The party who signs and promises to pay the amount specified in a promissory note.
- Payee: The party to whom the payment is promised in a promissory note.
- Endorsement: The act of signing the back of a negotiable instrument, making it payable to someone other than the stated payee.
- Banknote: A type of promissory note issued by a bank, payable to the bearer on demand without conditions.
Online References
- Investopedia: Promissory Note
- US Small Business Administration: Understanding Promissory Notes
- The Balance: Promissory Note Legal Overview
Suggested Books for Further Studies
- “The Law of Promissory Notes: Cases, Materials, and Problems” by Steven L. Emanuel
- “Fundamentals of Negotiable Instruments” by Franklin D. Summers
- “Debt Instruments: A Guide to the world’s debt capital markets” by Moorad Choudhry
Accounting Basics: “Promissory Note” Fundamentals Quiz
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