Promissory Note: What It Is, Different Types, and Pros and Cons

What is a Promissory Note?

In a promissory note, one party-the note's issuer or maker-promises in writing to pay another party-the note's payee-a certain sum of money, either right away or at a set later date. A promissory note normally contains the initial investment, interest rate, maturity duration, date and place of issuance, and the issuer's signature. Although financial institutions may issue them-you could be asked to sign one to get a small personal loan, for instance-promissory notes frequently make it possible for people and enterprises to get money from sources other than banks. A person or company willing to carry the note (and provide the money) under the given circumstances might be considered this source. In essence, promissory notes allow everyone to act as a lender.

Key Takeaways

• A promissory note is a financial contract in which one party-the note's issuer or maker-promises to pay another party-the note's payee-a certain sum of money, either promptly upon demand or at a set later date.
• A promissory note frequently contains the initial investment, rate of interest, maturity duration, date and place of issuance, and the issuer's signature.
• Promissory notes fall midway between the informal sector of an IOU (I owe you) and the formality of a loan contract in terms of the capacity to be enforced in court.

How do promissory notes work?

Promissory notes and bills of exchange are governed under the 1930 Geneva Treaty of Uniform Law on Bills of Exchange and Promissory Notes. Its regulations also demand that the word "promissory note" be included in the document's body and contain an unconditional pay guarantee.

Promissory notes fall midway between the informal sector of an IOU and the formality of a loan contract in terms of their capacity to be enforced in court. An IOU agreement recognizes the existence of a debt and the sum one party owes to another. Simply put, a promissory note contains a specific commitment to pay and other measures (such as the repayment schedule).

While the document may include the repercussions of non-payment or tardy payments (such as late penalties), it often needs to outline how to proceed if the issuer does not make payments as agreed.

In various nations, commercial transactions frequently include negotiable documents known as unconditional and sellable promissory notes.

Student Loan Promissory Notes

Many people sign their initial promissory notes when applying for a student loan. Students must normally sign promissory notes for each loan they take from private lenders. However, some institutions let borrowers of federal student loans sign a single master promissory note. After that, if the school confirms the borrower's continuous eligibility, they can get more federal student loans.

Promissory notes for student loans specify the criteria and circumstances of the loan and the borrower's rights and obligations. For instance, by accepting a comprehensive promissory note for federal education loans, the borrower commits to paying back the loan amount, interest, and fees, to the U.S. Department of Education.

The student's work information, contact details, and names and numbers of personal references are also listed in the master promissory note.

History of Promissory Notes

The history of promissory notes is intriguing. They have occasionally been used as an unregulated type of alternative money in earlier times. Still, demand notes, promissory notes with no stated maturity date or defined term that allows the lender to choose to demand payment, are, in fact, legal currency in many countries.

Promissory notes, however, are often exclusively given out to corporate clients and experienced investors in the United States. Promissory notes, however, have also been used more frequently lately when buying and selling property and securing mortgages.

What's included in a Promissory Note?

In a promissory note, all pertinent details regarding a loan and its terms should be stated. It may also contain the following information in addition to the borrower's and lender's names:

• How much is being borrowed in total?
• Amount of payments
• The sum due each month
• The rate of interest
• Collateral conditions
• Penalties for default or non-payment
• Conditions for the loan's forgiveness or deferment

Promissory Note Repayment

The repaying of a promissory note can be organized in a variety of ways. The term "repayment in instalments" may be the most well-known, in which the borrower makes monthly payments toward the loan's principal and interest.

It can be more feasible to negotiate a lump-sum payback for smaller loans. In this case, the buyer must make a lump-sum repayment of the principal and interest at a future date. Furthermore, a promissory note may specify repayment "on demand", meaning that the note must be repaid at the request of the lender. This is more typical for unofficial loans, such as those made between relatives.

Balloon payments are another option for a promissory note. The borrower makes tiny payments during the life of the loan and then makes one major payment to cover the outstanding sum.

Mortgages vs Promissory Note

Most homeowners view their mortgage as a commitment to pay back the money they received to purchase their home. The document evidencing their agreement to pay back the loan and the terms of repayment is a promissory note they both agree on as part of the financing procedure.

The promissory note contains information on the total amount of the debt, the interest rate, and the penalties for late payments. The lender, in this situation, keeps the promissory note until the mortgage loan is repaid. The promissory note would not be recorded in the county land records, in contrast to the trust deed or mortgage.

People who are ineligible for a mortgage may still be able to buy a house using a promissory note. The buyer signs a promissory note pledging to make regular monthly payments covering the purchase price of the house plus a fixed interest rate. The seller frequently has a favourable monthly cash flow due to the promissory note payments.

To increase the seller's faith in the buyer's capacity to make future payments, the buyer will often make a sizable down payment. The deed to the house is frequently used as collateral. However, this varies by scenario and state. It goes back to the seller if the buyer cannot make payments. There are instances where a third party takes the seller's place as the creditor in a take-back mortgage, although doing so might complicate things and leave them up to legal issues in the event of failure.

The Tax Perspective

The structure of the promissory note is crucial from the viewpoint of the homeowner who wishes to sell. From a tax viewpoint, selling your property for more money and charging the purchaser a lower interest rate is preferable. In this manner, the property sale's capital gains will not be subject to taxation; nevertheless, the note's interest will be taxed.

On the other side, a low sales price and a high-interest rate help the buyer since, after making regular contributions to the vendor for a year or two, they may pay off the interest and refinance at a lower interest using a conventional mortgage from a bank. Ironically, the buyer won't have trouble obtaining bank financing to purchase the property because they have increased their equity.

Types of Promissory Notes

Although there are many types of promissory notes, the two most notable are the corporate credit promissory note and the investment promissory note:

Corporate Credit Promissory Note

In business, promissory notes are frequently utilized as a short-term funding tool. For instance, if a business sells many things but has yet to receive payment for them, it may run out of money and be unable to pay its creditors. In this situation, it can request that they take a promissory note redeemable for cash after it has collected its accounts receivable. Alternatively, it can request money from the bank in return for a promissory note that will eventually be repaid.

In addition, a promissory note can also be used as a source of credit by companies whose primary options have already been exhausted, such as corporate loans or bond issuance. In this case, a company's note is more likely to default than a corporate bond. This implies that a corporate promissory note's interest rate will probably yield a higher return than a stock from the same firm since high-risk investments have a higher potential reward.

These notes typically need to be registered with the Securities and Exchange Commission (SEC) and the state government where they are marketed. The investor must determine whether the firm can repay the loan if the note is not registered.

The investor's legal options in this situation may be relatively constrained in the event of default. Companies in financial trouble may use high-commission brokers to market unregistered notes to the general public.

Investment Promissory Notes

Even with a take-back mortgage, trading in promissory notes entails risk. An investor must register the note or have it certified for the obligation to be legally binding and to reduce these dangers.

This is allowed since, in the event of the issuer's passing, the note's holder would take possession of the home and be responsible for any associated costs they might not be able to cover.

Only institutional or knowledgeable investors who can manage the risks and have the necessary funds are permitted to purchase these notes (It is possible to issue notes for any amount the customer is prepared to carry). A promissory note can be sold (or even just specific payments from it) to a second investor once the first investor accepts its terms, much like a security.

Notes are sold at a deficit to their face value because inflation reduces the value of future payments. Additionally, additional investors may purchase a portion of the note by purchasing the rights to a specific number of payments, also at a reduction to the actual value of each transaction. Instead of waiting for payments to accumulate, the note holder can instantly raise a lump sum of cash thanks to this.

Investing in Promissory Notes

Investors in promissory notes, who don't use banks or other conventional lenders, are taking on the risk associated with the banking sector without having the organizational scale to distribute that risk across thousands of loans, which would reduce it. Under the assumption that the payee does not fail on the note, this risk translates into higher returns.

It's unusual for businesses to sell these notes to the wider public. When they are, it's typically at the request of a failing business dealing with dishonest brokers eager to sell promissory notes that the business might not be able to fulfil.

Promissory notes have developed into a useful instrument in the context of take-back mortgages to finalize sales that a lack of finance would normally delay. As long as both sides are completely aware of what they are entering into, this may be a situation where both the seller and the buyer come out ahead.

Before you accept anything, if you want to undertake a take-back mortgage buying or selling, you need to speak with a legal expert and go to the notary office.

The Bottom Line

One side's written commitment to pay money later is known as a promissory note. Many organizations or people frequently use promissory notes to reaffirm the agreed-upon terms of a loan. Essentially, even though financial institutions can issue them, anyone with a promissory note can act as a lender.

Frequently Asked Questions

What does a Promissory Note contain?

Promissory notes, a type of debt instrument, are written promises from the issuer to compensate another party. A promissory note also gives organizations other than financial institutions the capacity to lend money to other organizations.

What is an example of a Promissory Note?

A corporate credit promissory note is one type of promissory note. It is the typical short-term loan that a business may be looking for. The conditions of the agreement are that the firm repays the loan as soon as its accounts receivable are gathered. It is commonly used in the event of a growing start-up company that is short on cash but wants to scale up its operations.

Other promissory notes include investment promissory notes, hold mortgages and promissory notes for student loans.

What are the Pros and Cons of a Promissory Note?

A promissory note may be useful when an organization can't get a loan from a traditional lender like a bank. It allows anyone to act as a lender. Promissory notes might be riskier since the random lender usually lacks the capacity and scale of resources seen in authorized financial institutions (like banks). Likewise, if there is a default, there may be legal repercussions for both the issuer and the payee. Consequently, it may be essential to get a promissory note notarized.