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The person or entity that guarantees the borrower's debt is called a guarantor. A guarantor is one whose promise 'is collateral to a primary or principal obligation on the part of another and which binds the obligor to performance in the event of nonperformance by such other, the latter being bound to perform
A promissory note is a legal document in which one party promises to pay money owed to another. Typically, the party that executes the note is the party that is borrowing the money. He is also referred to as the "maker" of the note. The lending entity is known as the payee.
A promissory note is a contract that spells out the terms of a loan. It reduces misunderstandings and provides a legal remedy if the borrower doesn't pay or the lender oversteps its rights. If you're borrowing or lending money, you should consider having oneyou can write one either as the borrower or the lender.
It must include all the mandatory elements such as the legal names of the payee and maker's name, amount being loaned / to be repaid, full terms of the agreement and the full amount of liability, beside other elements. The note must clearly mention only the promise of making the repayment and no other conditions.
In order for a promissory note to be valid and legally binding, it needs to include specific information. "A promissory note should include details including the amount loaned, the repayment schedule and whether it is secured or unsecured," says Wheeler.
The asset (promissory note) is protected by the collateral (the guarantor's promise to pay, and the ability to sue the guarantor personally for noncompliance with the terms of the promissory note). As with any collateral, a personal guarantee gives the asset more security.
A bank can issue a promissory note, but so can an individual or a company or business. Anyone who lends money can do so. A promissory note isn't a contract, but you'll likely have to sign one before you take out a mortgage.
A promissory note is a legal document signed by a debtor who promises to pay a debt in a form and manner as described in the document. A personal guaranty, as defined at businessdictionary.com, is an agreement that makes one liable for one's own or a third party's debts or obligations.
Almost anyone can be a guarantor. It's often a parent or spouse (as long as you have separate bank accounts), but sometimes a friend or relative. However, you should only be a guarantor for someone you trust and are willing and able to cover the repayments for.
4(2) Notwithstanding anything contained in the Negotiable Instruments Act, 1881, (26 of 1881) no person in 2India other than the Bank or, as expressly authorised by this Act, the Central Government shall make or issue any promissory note expressed to be payable to the bearer of the instrument.