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Convertible Note Meaning: A Hybrid of Debt and Equity. What is a convertible note? In short, a convertible note is originally structured as a debt investment but has a provision that allows the principal plus accrued interest to convert into an equity investment at a later date.
You can take a security interest in a promissory note owed to your debtor in the same way that you can take a security interest in account receivables. You can also take a security interest in any stocks or limited partnership interests owned by the debtor.
A promissory note is simply a form of debt - like a loan or an IOU - that a company may issue to raise money. An investor typically agrees to loan money to a company in exchange for the company's promise that it will pay back the amount, plus interest, over a specific time period.
General Definition Promissory notes are defined as securities under the Securities Act. However, notes that have a maturity of nine months or less are not considered securities.
Secured: A secured promissory note is common in traditional mortgages. It means the borrower backs their loan with collateral. For a mortgage, the collateral is the property. If the borrower fails to pay back their loan, the lender has a legal claim over the asset and, in extreme cases, may foreclose on the property.
Promissory notes may also be referred to as an IOU, a loan agreement, or just a note. It's a legal lending document that says the borrower promises to repay to the lender a certain amount of money in a certain time frame. This kind of document is legally enforceable and creates a legal obligation to repay the loan.
Convertible notes are promissory notes that serve an additional business purpose other than merely representing debt. Convertible notes include all of the terms of a vanilla promissory note, such as an interest rate and the pledge of underlying security (if applicable).
Typically, promissory notes are securities. They must be registered with the SEC, a state securities regulator, or be exempt from registration.