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Simple Promissory Note for Germany

Simple Promissory Note Template for Germany

A Simple Promissory Note under German law (Schuldschein) is a formal written instrument that contains an unconditional promise by one party (the promisor) to pay a specific sum of money to another party (the promisee). Governed by the German Civil Code (Bürgerliches Gesetzbuch - BGB), particularly §780, this document serves as evidence of debt and specifies the terms of repayment, including the amount, interest rate (if applicable), and payment schedule. It must meet specific formal requirements under German law to be legally enforceable and can be used in both commercial and private contexts.

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What is a Simple Promissory Note?

A Simple Promissory Note (Schuldschein) is a fundamental debt instrument used in German legal and business practice when one party needs to formally document a promise to pay a sum of money to another party. This document is particularly useful in situations involving loans, deferred payments, or debt acknowledgments. The Simple Promissory Note must comply with German Civil Code (BGB) requirements, particularly §780, which governs abstract promises to pay. It typically includes essential information such as the parties' details, the promised amount, payment terms, and any applicable interest rates. While primarily used in commercial contexts, it can also serve in private lending situations. The document's simplicity and legal recognition make it a valuable tool for documenting financial obligations in a clear, enforceable manner under German law.

What sections should be included in a Simple Promissory Note?

1. Date and Place of Execution: The date and location where the promissory note is executed, essential for legal validity

2. Parties Information: Full legal names and addresses of both the promisor (issuer) and promisee (payee)

3. Promise to Pay: Clear and unconditional promise to pay, specifying the exact amount in numbers and words

4. Payment Terms: Due date, currency, and method of payment

5. Interest Rate: If applicable, the agreed interest rate and calculation method

6. Signatures: Formal signature block with full names of signing parties

What sections are optional to include in a Simple Promissory Note?

1. Security Provisions: Include when the note is secured by collateral or guarantees

2. Default Terms: Include when specific consequences of default need to be outlined

3. Prepayment Terms: Include when early payment options are allowed

4. Transfer Rights: Include when the note needs to be transferable

5. Governing Law Declaration: Include when there might be cross-border implications

What schedules should be included in a Simple Promissory Note?

1. Payment Schedule: If payments are to be made in installments, detailing the payment dates and amounts

2. Security Details: If applicable, details of any collateral or security provided

3. Calculation of Interest: If complex interest calculations apply, detailed breakdown of the calculation method

Authors

Alex Denne

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

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Promissory Note

Sector

Banking

Cost

Free to use

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