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Unsecured Promissory Note for India

Unsecured Promissory Note Template for India

An Unsecured Promissory Note is a legally binding financial instrument governed by Indian law, particularly the Negotiable Instruments Act, 1881, where one party (the maker) makes a written, unconditional promise to pay a specified sum of money to another party (the payee) at a predetermined time or on demand. Unlike secured notes, this document doesn't involve any collateral or security interest. The document includes essential elements such as the principal amount, interest rate, payment terms, and party details, while being subject to Indian stamp duty requirements and enforcement mechanisms under Indian contract law.

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Unsecured Promissory Note

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What is a Unsecured Promissory Note?

An Unsecured Promissory Note is commonly used in Indian business and personal transactions where one party needs to formalize a promise to repay a debt without offering any collateral. This document is particularly useful in situations involving trust-based lending, short-term financing needs, or when the borrower's creditworthiness alone is deemed sufficient security. Governed by the Negotiable Instruments Act, 1881, and other relevant Indian legislation, the note must contain specific elements to be legally enforceable, including clear identification of parties, a definite promise to pay, specified amount, and payment terms. The document's unsecured nature makes it particularly important to include clear default provisions and enforcement mechanisms while ensuring compliance with Indian stamp duty requirements and state-specific regulations.

What sections should be included in a Unsecured Promissory Note?

1. Identification of Parties: Names, addresses, and legal capacity of the maker (promisor) and payee (promisee)

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

3. Interest Rate: Specified rate of interest, calculation method, and payment frequency

4. Payment Terms: Due date, payment schedule, mode of payment, and place of payment

5. Execution: Date and place of execution, signature requirements, and witness details

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

1. Default Provisions: Consequences of default, including any penalty interest rate and enforcement rights

2. Prepayment Terms: Terms and conditions for early repayment of the note, including any prepayment penalties

3. Assignment Rights: Rights of the payee to assign or transfer the note to third parties

4. Notice Requirements: Methods and addresses for serving notices between parties

5. Governing Law and Jurisdiction: Specific mention of applicable state laws and courts having jurisdiction

What schedules should be included in a Unsecured Promissory Note?

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

2. Witness Details: Names, addresses, and signatures of witnesses to the execution of the note

3. Interest Calculation Examples: Examples demonstrating how interest will be calculated and applied

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 and Financial Services

Microfinance

Real Estate

Small and Medium Enterprises

Private Lending

Professional Services

Retail

Manufacturing

Construction

Agriculture

Relevant Teams

Legal

Finance

Treasury

Credit

Risk Management

Compliance

Corporate Secretarial

Accounts Receivable

Accounts Payable

Business Development

Relevant Roles

Chief Financial Officer

Finance Manager

Legal Counsel

Company Secretary

Credit Manager

Loan Officer

Treasury Manager

Accounts Manager

Risk Manager

Business Development Manager

Financial Controller

Compliance Officer

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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