Pennsylvania Security Agreement for Promissory Note

State:
Multi-State
Control #:
US-00601-F
Format:
Word; 
Rich Text
Instant download

Description

This Security Agreement for Promissory Note is an agreement that the Lender has required as a condition to making the Loan to the Borrower. The Borrower will offer collateral to the Lender in return for the advancing of the loan. This form can be used in all states.
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  • Preview Security Agreement for Promissory Note
  • Preview Security Agreement for Promissory Note
  • Preview Security Agreement for Promissory Note
  • Preview Security Agreement for Promissory Note

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FAQ

A promissory note must include the date of the loan, the dollar amount, the names of both parties, the rate of interest, any collateral involved, and the timeline for repayment. When this document is signed by the borrower, it becomes a legally binding contract.

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.

There is no legal requirement for most promissory notes to be witnessed or notarized in Pennsylvania (promissory notes related to real estate may need to be notarized).

In any event, a promissory note does not have to be notarized to be binding. The private respondents have admitted signing the two notes and they have not succeeded in proving that they did so "under duress, fear and undue influence."

If the issuer of the note sells a note as an investment to persons who resemble investors, in an offering that resembles a securities offering, then the note is a security.

A secured promissory note may include a security agreement as part of its terms. If a security agreement lists a business property as collateral, the lender might file a UCC-1 statement to serve as a lien on the property. A security agreement mitigates the default risk faced by the lender.

A secured promissory note should clearly identify the collateral backing the loan. For example, if collateral is being secured by business vehicles, the note should provide their vehicle identification numbers. A small business that is extending credit should also verify collateral is worth enough to cover the debt.

A security interest arising out of a sale of a promissory note (i.e., an instrument) is perfected automatically, without additional action, when it attaches. See Section 9-304(4) of the Uniform Commercial Code.

A promissory note must include the date of the loan, the dollar amount, the names of both parties, the rate of interest, any collateral involved, and the timeline for repayment. When this document is signed by the borrower, it becomes a legally binding contract.

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.

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Pennsylvania Security Agreement for Promissory Note