The Top 5 Things to Consider When Writing Promissory Notes in New York
When you are entering into a debt or loan agreement, you should always be sure to document it properly2 min read
When you are entering into a debt or loan agreement, you should always be sure to document it properly. This is especially true when writing a promissory note. Here are the top five things to consider when writing promissory notes in the state of New York.
First and foremost, you want to make sure you are abiding by the specific laws of the state you are writing the note in. In New York, this means understanding promissory notes in accordance with the Uniform Commercial Code. Specifically, the Article 3 part of the code regulates negotiable instruments, including promissory notes. It outlines certain rules and regulations that must be adhered to for the notes to be successfully created and enforced by the courts.
The second thing you will want to consider is the language you should use. Promissory notes must be clearly written out with exact wording. This includes the amount of the loan, the repayment terms (including interest rate), and the date by which repayment is due. Any unclear wording can lead to confusion at a later date and may even complicate your ability to successfully enforce the note should legal action become necessary.
Third, you will need to decide who should be the party in the agreement. Generally every promissory note should outline two parties, the maker of the loan and the payee who will be receiving the payment of the loan. You should also consider signing the agreement in front of a witness.
Fourth, you should decide how the payments will be made. Will it be a one-time lump sum? Will the payee make the loan payments over a specific time period? How and when will interest be paid? Answering such questions in the promissory note helps to create a better, more detailed understanding should the need for court action arise.
The fifth and last thing to consider is to ensure to leave yourself an out should the loan not be repaid as promised. This is especially important in a business context. You should be sure to include a provision that allows you to recoup legal costs should you need to go to court to enforce an unfulfilled promissory note.
When writing a promissory note, it's important to ensure you have consulted a legal expert so the document is legally binding and enforceable. New York’s uniform code provides a thorough framework for how to write a promissory note that meets all the legal requirements. By following the tips outlined in this article, you can be confident that when you enter into such an agreement, you can rest assured that the agreement is secure and that you can enforce it if necessary.