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In general, at least the borrower should sign the promissory note. Depending how much the parties trust each other, you may also wish to have the lender sign as well AND get the signatures notarized.
The lender will typically argue it should be 16% since that is the highest rate allowed on loans under $25,000.00. The borrower will likely argue it should be 8% per annum, which is the legal rate of interest.
At its most basic, a promissory note should include the following things: Date. Name of the lender and borrower. Loan amount. Whether the loan is secured or unsecured. If it's secured with collateral: What is the collateral? ... Payment amount and frequency. Payment due date. Whether the loan has a cosigner, and if so, who.
Oral agreements are not legally binding, and a promissory note must be in writing to be enforceable. ? Include all essential terms, such as the amount of money owed, the interest rate (if any), and the repayment schedule. Without these terms, the promissory note may be considered void or unenforceable.
A promissory note must include the date of the loan, the loan amount, the names of both the lender and borrower, the interest rate on the loan, and the timeline for repayment. Once the document is signed by both parties, it becomes a legally binding contract.