Loan Agreement Without Promissory Note
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FAQ
Even if a promissory note is lost, the legal obligation to repay the loan remains. The lender has a right to re-establish the note legally as long as it has not sold or transferred the note to another party.
A loan agreement serves a similar purpose as a promissory note. Like a promissory note it is a contractual agreement between a lender who agrees to loan money to a borrower. However, a loan agreement is much more detailed than a promissory note.
Should be signed by the maker It is mandatory for the person making the promissory note to sign it. The promissory note can even be signed by maker's agent, who has been so authorised to do so by the maker himself. The pro note should be clear about the identity of the person undertaking to pay.
Often there is no legal requirement that a promise to pay be evidenced in a promissory note, nor any prohibition from including it in a loan or credit agreement. Although promissory notes are sometimes thought to be negotiable instruments, this typically is not the case.
