CA Foundation Exam June 2023 » CA Foundation Study Material » Accountancy » Promissory Notes: What they are and How to use them

Promissory Notes: What they are and How to use them

What is a promissory note? A promissory note, also known as a “note,” is a written promise to pay someone a specific amount of money on a certain date. It is often used in business transactions as a way to secure payment for goods or services. A promissory note can be used in place of cash, and it can be helpful if you need to borrow money from someone. In this blog post, we will discuss the basics of promissory notes and how to use them in your business dealings!

What is a Promissory Note?

A promissory note, also known as a demand note or simply a demand loan, is a written agreement to repay a debt. The promissory note spells out the terms of the repayment process. A promissory note typically has three main elements:

  • Amount and frequency of payments 
  • Date of the first payment
  • Maturity date or the final day the note must be repaid

The promissory note also includes the lender’s contact information in case you need to get in touch with them about making a payment or for any other reason.

Types of the Promissory Note

There are three types of promissory notes: unsecured, secured and demand.

  1. An unsecured promissory note is one that is not backed by any type of collateral. This means that if the borrower does not repay the debt, the lender has no recourse but to take legal action.
  2. A secured promissory note is one that is backed by some type of collateral. This could be a home, car or other assets. If the borrower fails to repay the debt, the lender can take possession of the collateral.
  3. A demand promissory note does not have a specific due date for repayment. It simply states that the debt must be repaid at some undetermined time.

The most common promissory notes are unsecured and secured types, each having a fixed rate of interest.

Who should use a Promissory Note?

  1. Anyone who lends money, or buys something for cash and takes back a promissory note instead of full payment (the buyer will receive the item when all payments are made) should use a promissory note.
  2. Promissory notes can be used for personal loans between family members, neighbours, friends and acquaintances too
  3. Promissory notes are legal and binding contracts that stipulate exactly how much is due, when it is due, what happens if payments are late or missed, etc.

Features of Promissory Notes

  • A promissory note is a written promise to pay someone a specific amount of money on a certain date
  • The person writing the note is called the “payer” or “maker,” while the person receiving the payment is called the “payee”
  • Promissory notes can be used for business or personal transactions, and they can be made “negotiable” or “non-negotiable”
  • The note is a legally binding contract and protects both parties, as long as they’ve included all the terms of the loan

Promissory Note Form

There is a particular promissory note form that is more common than others. The demand promissory note, for example, is a type of promissory note which allows the holder to demand payment from the maker at any time. This can be useful in cases where the maker may not have good credit or may be otherwise unable to repay the debt when it comes due.

In most cases, promissory notes are treated as unsecured debt. This means that if the maker is unable to pay, then there will be no collateral against which the holder can make a claim for repayment. For this reason, it is important for anyone who is considering lending money to another party to take steps to ensure that the promissory note is treated as secured debt.

For example, if a maker promises to pay $1000 in six months but fails to do so, then the holder of the promissory notes may be able to file a legal claim against him or her for breach of contract. This can help to ensure that the holder is able to recover at least some of the money that was lent.

The promissory note form should include all the basic elements to ensure that both parties know their rights and responsibilities in the agreement: names of lender and borrower, the amount borrowed, date signed (with notary seal, if applicable), interest rate (if any), payments schedule and terms of repayment.

Negotiable Or Non-Negotiable Promissory Notes

Promissory notes can be made negotiable or non-negotiable:

A promissory note may become “negotiable” if it is endorsed by the payee and then transferred to a third party. This means that the new owner of the note can present it to the maker and demand payment.

If a promissory note is not negotiable, it becomes “non-negotiable” after signing. This means that only the original payee can present the note to the maker and demand payment.

Both negotiable and non-negotiable promissory notes are legally binding contracts, but only the original payee can enforce a non-negotiable promissory note.

Promissory Note Example

Here is a promissory note example:

A promissory note example can be a legal contract between two parties stating that one party promises to pay the other a specific amount of money. A promissory note can be used for an exchange of goods and services or can be used as a loan agreement.

Conclusion

Promissory notes are a form of debt financing that is often used by companies to bridge periods in which they don’t have enough cash flow. They can be attractive because the company promises to pay back an investor at a set time, and if it doesn’t make its obligations, the note holder has legal recourse for repayment. For students looking for ways to finance their education without incurring high levels of student loan debt or relying on family members, promissory notes might seem like an appealing option. But before one signs anything, one needs the type of investment opportunities in order to protect oneself from bad investments and ensure future financial security