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Discount Promissory Note for the United States

Discount Promissory Note Template for United States

A Discount Promissory Note is a legally binding financial instrument used in the United States where the borrower (maker) promises to pay a specified sum to the lender (payee), with the distinctive feature that the interest is deducted upfront from the principal amount. This document outlines the terms of repayment, including the principal amount, discount rate, payment schedule, and maturity date, while complying with federal and state-specific lending regulations.

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What is a Discount Promissory Note?

The Discount Promissory Note is widely used in U.S. commercial and private lending transactions where parties seek to structure financing with upfront interest deductions. This type of note differs from standard promissory notes as the interest (discount) is subtracted from the principal at the time of issuance, with the borrower receiving less than the face value but being obligated to repay the full amount. The document typically includes specific terms regarding the discount rate, payment schedule, default provisions, and any security interests, while ensuring compliance with applicable state usury laws and federal regulations.

What sections should be included in a Discount Promissory Note?

1. Principal Amount and Payment Terms: Specifies the amount borrowed, discount rate, and payment schedule

2. Interest Rate: States the interest rate and calculation method

3. Maturity Date: Specifies when the note becomes due

4. Maker Information: Identity and contact information of the borrower

5. Payee Information: Identity and contact information of the lender

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

1. Prepayment Terms: Specifies conditions and penalties (if any) for early payment of the note

2. Security Interest: Details any collateral or assets securing the note and related terms

3. Default Provisions: Outlines events of default, consequences, and available remedies

4. Assignment and Transfer: Terms governing the transfer or assignment of the note to other parties

What schedules should be included in a Discount Promissory Note?

1. Payment Schedule: Detailed schedule showing payment dates, amounts, and allocation between principal and interest

2. Collateral Description: Detailed description of any assets or property securing the note, including identification numbers or registration details

3. Amortization Schedule: Schedule showing the breakdown of each payment into principal and interest over the life 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

United States

Publisher

Ƶ

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Clauses





















Industries

Truth in Lending Act (TILA): Federal law that requires lenders to provide standardized disclosures about terms and costs associated with lending.

UCC Article 3: Uniform Commercial Code provisions governing negotiable instruments, including requirements for valid promissory notes and their transferability.

Securities Act of 1933: Federal law that may apply if the promissory note could be classified as a security, requiring registration or exemption.

Dodd-Frank Act: Federal legislation that impacts lending practices and consumer protection in financial transactions.

State Usury Laws: State-specific regulations that set maximum legal interest rates and penalties for exceeding these limits.

State UCC Modifications: State-specific adaptations and modifications to the Uniform Commercial Code that may affect promissory note requirements.

Blue Sky Laws: State securities laws that regulate the offering and sale of securities, which may apply to certain promissory notes.

State Contract Laws: State-specific requirements for valid contract formation, enforcement, and remedies.

Statute of Frauds: Legal requirement that certain contracts, including promissory notes, must be in writing and signed to be enforceable.

UCC ��3-104 Requirements: Specific requirements for an instrument to qualify as a negotiable instrument, including unconditional promise to pay.

Fair Debt Collection Practices Act: Federal law governing debt collection practices, which may apply if the note is later collected by third parties.

Bankruptcy Code: Federal laws affecting the treatment of promissory notes in bankruptcy proceedings and their potential discharge.

IRS Regulations: Tax implications and reporting requirements for discount promissory notes, including original issue discount rules.

State Registration Requirements: State-specific requirements for registering or filing promissory notes with state authorities.

Teams

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