Whether for corporate intentions or personal issues, everyone must deal with legal circumstances sooner or later in their life.
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Promissory notes are a valuable legal tool that any individual can use to legally bind another individual to an agreement for purchasing goods or borrowing money. A well-executed promissory note has the full effect of law behind it and is legally binding on both parties.
A promissory note typically contains all the terms pertaining to the indebtedness, such as the principal amount, interest rate, maturity date, date and place of issuance, and issuer's signature.
Not signed by the borrower In order for a promissory note to be legally binding, it must include the signature of the borrower. You generally are not required by law to have the signatures witnessed or notarized.
A promissory note could become invalid if: It isn't signed by both parties. The note violates laws. One party tries to change the terms of the agreement without notifying the other party.
Even without a signature from a notary public, it can still be a valid promissory note. Getting your loan agreement notarized can strengthen it in sensitive cases: Notarizing your note could make it legally stronger. ? This means it's more likely to stand up in court thanks to the extra witness of a notary public.
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.
Promissory notes are quite simple and can be prepared by anyone. They do not need to be prepared by a lawyer or be notarized. It isn't even particularly significant whether a promissory note is handwritten or typed and printed.
No. Promissory notes do not need to be notarized. The borrower only needs to sign the document to make it legally enforceable. A witness may be helpful if one party contests the note, but a notary is not necessary.