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Promissory Note for Australia

Promissory Note Template for Australia

A Promissory Note is a formal financial instrument governed by Australian law, specifically the Bills of Exchange Act 1909, that contains an unconditional written promise to pay a specific sum of money to a designated party. This document serves as a legally binding commitment between the maker and the payee, outlining the terms of repayment, including the principal amount, payment schedule, and any applicable interest rates. The document's enforceability in Australian courts makes it a reliable tool for both business and personal financial transactions, providing clear evidence of debt and repayment obligations.

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What is a Promissory Note?

A Free Promissory Note is commonly used in Australian business and personal contexts when one party wishes to formalize a promise to pay another party a specific sum of money. This document, governed by Australian federal legislation including the Bills of Exchange Act 1909, serves as a legally binding instrument that can be used in various scenarios, from business loans to personal lending arrangements. The Free Promissory Note includes essential details such as the amount owed, payment terms, interest rates (if applicable), and the identities of both the maker and payee. Unlike secured promissory notes, this free version doesn't require collateral, making it suitable for transactions based on trust and creditworthiness. The document's simplicity and legal recognition make it a valuable tool for documenting financial obligations in a clear and enforceable manner.

What sections should be included in a Promissory Note?

1. Date and Place of Execution: The date and location where the promissory note is executed

2. Parties: Clear identification of the maker (promisor) and the payee (promisee), including full legal names and addresses

3. Promise to Pay: An unconditional promise to pay a specific sum of money, including the exact amount in numbers and words

4. Payment Terms: Detailed specification of how and when payment will be made, including payment schedule and due date(s)

5. Interest Rate: If applicable, the interest rate and how it is calculated

6. Default Provisions: Consequences of failing to make payments as scheduled

7. Signature Block: Space for maker's signature, witness signatures if required, and date

What sections are optional to include in a Promissory Note?

1. Security/Collateral: Details of any assets pledged as security for the note - include when the note is secured

2. Prepayment Terms: Conditions and terms for early payment of the note - include when early payment is allowed

3. Late Payment Penalties: Specific penalties or additional charges for late payments - include when late payment charges apply

4. Assignment Clause: Terms regarding the transfer or assignment of the note - include when the note is intended to be transferable

5. Governing Law: Specification of jurisdiction and applicable law - include when parties are in different jurisdictions

6. Joint and Several Liability: Terms for multiple makers - include when there is more than one maker

What schedules should be included in a Promissory Note?

1. Payment Schedule: Detailed breakdown of payment dates and amounts if installment payments are involved

2. Security Details: Detailed description of any collateral or security offered, including registration numbers or identifying details

3. Interest Calculation Schedule: Detailed breakdown of how interest is calculated and applied over the term of the note

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

Small Business

Construction

Manufacturing

Retail

Professional Services

Agriculture

Technology

Healthcare

Relevant Teams

Finance

Legal

Accounting

Treasury

Risk Management

Compliance

Credit Management

Corporate Services

Business Operations

Relevant Roles

Chief Financial Officer

Financial Controller

Finance Manager

Accountant

Legal Counsel

Business Manager

Credit Manager

Treasury Manager

Risk Manager

Compliance Officer

Contract Administrator

Business Development Manager

Company Secretary

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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