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Promissory Notes document financial transactions between two parties. Unlike an IOU that only records a loan amount, a Promissory Note details the consequences of failing to repay the loan. After finalizing the terms and conditions of a loan, the lender will issue a Promissory Note.
There are 10 basic provisions that should be in a loan agreement. Identity of the parties. The names of the lender and borrower need to be stated. ... Date of the agreement. ... Interest rate. ... Repayment terms. ... Default provisions. ... Signatures. ... Choice of law. ... Severability.
What a personal loan agreement should include Legal names and address of both parties. Names and address of the loan cosigner (if applicable). Amount to be borrowed. Date the loan is to be provided. Repayment date. Interest rate to be charged (if applicable). Annual percentage rate (if applicable).
Remember, when writing an agreement letter for borrowing money: Clearly state the purpose of the loan. Specify the loan amount and repayment terms. Include details about interest rates, fees, and any collateral involved. Outline consequences for late payments or defaulting on the loan.
You'll also include the promissory note payment terms, such as: The amount of each payment. You can require periodic payments at certain times, such as monthly. Or, repayment can be in a lump sum. When payments are due. The address where payments should be sent. Penalties for late payments.
Do you need to notarize a Loan Agreement? First and foremost, understand that personal loan agreements fall into the classification of contracts. Technically, you don't have to notarize these documents. But if you want to make this document legally binding, then notarization is the best course of action.
To draft a Loan Agreement, you should include the following: The addresses and contact information of all parties involved. The conditions of use of the loan (what the money can be used for) Any repayment options. The payment schedule. The interest rates. The length of the term. Any collateral. The cancellation policy.
The IRS mandates that any loan between family members be made with a signed written agreement, a fixed repayment schedule, and a minimum interest rate. (The IRS publishes Applicable Federal Rates (AFRs) monthly.)