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Full Recourse Promissory Note for the United Kingdom

Full Recourse Promissory Note Template for England and Wales

A Full Recourse Promissory Note is a legally binding financial instrument under English and Welsh law that contains an unconditional written promise to pay a specified sum of money to a named recipient at a fixed or determinable future time. The 'full recourse' nature means the lender can pursue the borrower's personal assets beyond any collateral if default occurs. This document is governed by the Bills of Exchange Act 1882 and creates a direct obligation on the maker to repay the stated amount according to the specified terms.

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What is a Full Recourse Promissory Note?

Full Recourse Promissory Notes are commonly used in England and Wales when parties need to document a loan or debt obligation with strong enforcement rights. The document sets out the terms of repayment, including the principal amount, interest rate, payment schedule, and consequences of default. Unlike limited recourse notes, a Full Recourse Promissory Note gives the lender the right to pursue all of the borrower's assets to satisfy the debt. These notes are particularly useful in commercial lending, property transactions, and business financing where the lender requires maximum security for the debt.

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

1. Promise to Pay: Unconditional promise to pay a specific sum, including the principal amount, currency, and statement of unconditional promise

2. Payment Terms: Detailed terms including amount, currency, interest rate, payment schedule, and method of payment

3. Date and Place: Date of execution and location where the note is made

4. Maker Details: Full legal name, address, and if applicable, company registration details of the person/entity making the promise

5. Payee Details: Full legal name, address, and if applicable, company registration details of the person/entity receiving payment

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

1. Security Provisions: Details of any collateral or security, used when the note is secured by specific assets or guarantees

2. Acceleration Clause: Conditions under which the full payment becomes immediately due, such as default events

3. Prepayment Terms: Conditions and terms for early payment, including any penalties or bonuses

4. Transfer Rights: Terms regarding assignability and negotiability of the note, including any restrictions

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

1. Payment Schedule: Detailed breakdown of payment dates, amounts, and allocation between principal and interest

2. Security Details: Comprehensive description of any collateral or security arrangements, including valuation and maintenance requirements

3. Interest Calculation: Detailed method and examples of interest calculations, including compound interest provisions if applicable

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

England and Wales

Publisher

Ƶ

Document Type

Promissory Note

Sector

Banking

Cost

Free to use

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