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Secured Promissory Note for India

Secured Promissory Note Template for India

A Secured Promissory Note under Indian law is a formal financial instrument that combines a promise to pay with security interests in specific assets. The document evidences a debt obligation where the borrower makes an unconditional promise to pay a specified sum of money to the lender, backed by collateral as security. Governed by both the Negotiable Instruments Act, 1881 and security-related legislation in India, this document includes detailed terms about the loan amount, interest rate, payment schedule, and comprehensive descriptions of the pledged security. The document also outlines default scenarios, enforcement mechanisms, and the lender's rights regarding the security.

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What is a Secured Promissory Note?

The Secured Promissory Note is a crucial financial instrument commonly used in Indian lending transactions where a lender requires both a payment obligation and security for their loan. This document type is particularly useful in situations where formal credit arrangements are needed but a full loan agreement might be excessive, such as in smaller business loans, asset-backed lending, or personal loans with collateral. The document combines elements of a standard promissory note under the Negotiable Instruments Act, 1881 with security provisions governed by property and security laws. The Secured Promissory Note typically includes details of the principal amount, interest calculations, repayment schedule, and specific descriptions of the pledged security, along with enforcement mechanisms. It provides a balanced approach to protecting the lender's interests while offering borrowers a straightforward way to access secured credit.

What sections should be included in a Secured Promissory Note?

1. Parties: Details of the lender and borrower, including full legal names, addresses, and any registration/identification numbers

2. Background: Brief context of the loan arrangement and purpose

3. Definitions: Key terms used throughout the document including 'Security', 'Principal Amount', 'Interest Rate', 'Default', etc.

4. Promise to Pay: Core promise by the borrower to repay the principal amount with specified interest

5. Principal Amount and Interest: Specific amount borrowed and interest rate details, including calculation method and payment frequency

6. Payment Terms: Schedule of payments, payment method, and prepayment provisions

7. Security Details: Description of assets/property pledged as security, including location and identification details

8. Events of Default: Circumstances that constitute default and consequences

9. Rights and Remedies: Lender's rights in case of default, including enforcement of security

10. Representations and Warranties: Borrower's confirmations regarding their capacity, authority, and status of security

11. Notices: How formal communications between parties should be made

12. Governing Law and Jurisdiction: Specification of Indian law and relevant jurisdiction

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

1. Guarantor Provisions: Include when there is a third-party guarantor for the loan

2. Insurance Requirements: Include when security includes physical assets requiring insurance

3. Assignment Provisions: Include when either party needs the right to assign the note to others

4. Co-borrower Provisions: Include when there are multiple borrowers

5. Cross-Default Provisions: Include when the note needs to be linked to other loan agreements

6. Security Maintenance Covenants: Include when the security requires specific maintenance or value preservation requirements

What schedules should be included in a Secured Promissory Note?

1. Schedule 1 - Payment Schedule: Detailed amortization schedule showing payment dates and amounts

2. Schedule 2 - Security Description: Detailed description and documentation of security including photographs, registration numbers, or property details

3. Schedule 3 - Security Documents: List of additional security documents executed along with the note

4. Appendix A - Specimen Signatures: Signature specimens of authorized signatories

5. Appendix B - Security Valuation Report: Independent valuation report of the security (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 | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Ƶ

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Relevant legal definitions




























Clauses


























Relevant Industries

Banking & Financial Services

Real Estate

Manufacturing

Small & Medium Enterprises

Agriculture

Infrastructure

Retail

Technology

Healthcare

Education

Relevant Teams

Legal

Finance

Credit

Risk Management

Compliance

Treasury

Business Development

Collections

Documentation

Corporate Finance

Relevant Roles

Chief Financial Officer

Finance Manager

Legal Counsel

Credit Manager

Loan Officer

Risk Manager

Compliance Officer

Treasury Manager

Business Development Manager

Collections Manager

Security Documentation Specialist

Corporate Finance Executive

Banking Relationship 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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