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At a minimum, a valid security agreement consists of a description of the collateral, a statement of the intention of providing security interest, and signatures from all parties involved. Most security agreements, however, go beyond these basic requirements.
Although it is legally enforceable, a promissory note is less formal than a loan agreement and is suitable where smaller sums of money are involved. However, its terms - which can include a specific date of repayment, interest rate and repayment schedule - are more certain than those of an IOU.
Eligibility and documents To borrow, you need to fill a pledge request form with the details of the shares you're going to pledge and submit that to the bank or institution. You also need to provide the following document along with your application: Identity proof/residence proof. Income proof like a salary slip.
A promissory note secured by collateral will need a second document. If the collateral is real property, there will be either a mortgage or a deed of trust. If the collateral is personal property, there will be a security agreement.
Under the UCC, a pledge agreement is a security agreement. The nature of the pledged assets means that a pledge agreement may contain different representations and warranties and covenants than a security agreement over business assets (for example, voting rights).
Release of a secured promissory note The release of a promissory note is the same whether the note is secured or unsecured. However, if the note is secured, there also needs to be a release of the collateral: If the collateral is real property with a mortgage, then a release of mortgage is also needed.
Typically, promissory notes are securities. They must be registered with the SEC, a state securities regulator, or be exempt from registration.
You can use a promissory note in a range of situations that involve a small sum of money. A common example of this is if a close friend or family member asks to borrow money. A promissory note is a good idea if you do not want to draft or sign a loan agreement, but still want evidence of the sum owed to you.