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Full Recourse Promissory Note for Australia

Full Recourse Promissory Note Template for Australia

A Full Recourse Promissory Note is a formal financial instrument used in Australia that contains an unconditional written promise to pay a specific sum of money to a designated party, either on demand or at a specified future date. This document, governed by Australian law including the Bills of Exchange Act 1909 (Cth), provides the payee with comprehensive rights to pursue all assets of the maker for recovery in case of default. It includes detailed payment terms, interest calculations, and enforcement provisions, making it a robust tool for documenting and enforcing debt obligations in various commercial and personal contexts.

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Full Recourse Promissory Note

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What is a Full Recourse Promissory Note?

The Full Recourse Promissory Note is a critical financial instrument used in Australian business and personal transactions where one party promises to pay a specific sum to another. This document is particularly valuable when parties need to formalize debt obligations with strong enforcement rights, as it provides the payee with the ability to pursue all of the maker's assets in case of default. It is commonly used in business loans, property transactions, and commercial arrangements, offering a more streamlined alternative to complex loan agreements while maintaining comprehensive recovery rights. The document must comply with the Bills of Exchange Act 1909 (Cth) and relevant state legislation, making it a legally robust instrument for documenting financial obligations.

What sections should be included in a Full Recourse Promissory Note?

1. Parties: Identifies the Maker (person/entity promising to pay) and the Payee (person/entity to whom payment is promised)

2. Promise to Pay: Unconditional promise to pay a specific sum of money, including the principal amount in both numbers and words

3. Payment Terms: Specifies the date(s) of payment, whether lump sum or installments, and payment method

4. Interest Rate: States the applicable interest rate, calculation method, and payment frequency

5. Default and Acceleration: Defines events of default and the payee's right to accelerate the full amount due

6. Full Recourse Provision: Explicitly states the payee's right to pursue all of the maker's assets for recovery

7. Governing Law: Specifies that Australian law governs the note and identifies the relevant jurisdiction

8. Execution: Space for signatures, dates, and witness details if required

What sections are optional to include in a Full Recourse Promissory Note?

1. Security Interest: Include when specific assets are pledged as security for the note

2. Prepayment Terms: Include when early payment is allowed, specifying any penalties or discounts

3. Late Payment Penalties: Include when additional fees or higher interest rates apply to late payments

4. Assignment Rights: Include when transfer rights of the note need to be specified

5. Guarantor Provisions: Include when a third party guarantees the payment obligations

6. Collection Costs: Include when the maker must pay enforcement and collection costs

7. Notice Requirements: Include when specific notice procedures for default or other matters are required

What schedules should be included in a Full Recourse Promissory Note?

1. Payment Schedule: Details of installment amounts and due dates if not a lump sum payment

2. Security Details: Description of any assets provided as security, including registration details

3. Guarantor Information: Details of guarantors and their obligations if applicable

4. Interest Calculation Examples: Examples showing how interest is calculated, particularly if using complex formulas

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Relevant legal definitions
























Clauses




















Relevant Industries

Financial Services

Banking

Real Estate

Construction

Professional Services

Manufacturing

Retail

Agriculture

Mining

Technology

Healthcare

Education

Relevant Teams

Legal

Finance

Treasury

Credit Management

Risk Management

Compliance

Corporate Secretariat

Accounts Receivable

Commercial Operations

Business Development

Relevant Roles

Chief Financial Officer

Finance Manager

Financial Controller

Credit Manager

Legal Counsel

Corporate Lawyer

Accounts Receivable Manager

Treasury Manager

Risk Manager

Commercial Manager

Business Development Manager

Company Secretary

Compliance Officer

Credit Analyst

Collections Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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