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Promissory Note
I need a promissory note for a personal loan of 鈧10,000 with an interest rate of 3% per annum, to be repaid over a period of 2 years with monthly installments. The note should include a clause for late payment penalties and specify the lender's right to demand full repayment if the borrower defaults on two consecutive payments.
What is a Promissory Note?
A Promissory Note is a written promise to pay a specific amount of money to someone else, commonly used in Austrian business and lending relationships. It creates a legally binding commitment where the signer (called the "maker") agrees to pay a set sum to the recipient (the "payee") by a certain date, often with interest.
Under Austrian civil law, these notes serve as powerful debt instruments because they're easier to enforce than standard contracts. Banks, businesses, and private lenders rely on them for everything from business loans to real estate transactions. When properly drafted with clear payment terms and signed, a Promissory Note gives the payee strong legal grounds to collect the debt through Austrian courts if needed.
When should you use a Promissory Note?
Use a Promissory Note when lending money in Austria and you need a clear, legally enforceable record of the debt. This document proves especially valuable for business loans between companies, private lending arrangements among family members, or when structuring payment plans for large purchases like equipment or property.
The note becomes essential in situations where you need more formal protection than a handshake but less complexity than a full loan agreement. Austrian law recognizes these notes as powerful evidence of debt, making them ideal for transactions where you want straightforward documentation and easier enforcement options if payment issues arise. They're particularly useful when dealing with amounts over 鈧5,000 or any loan with installment payments.
What are the different types of Promissory Note?
- Simple Note Payable Agreement: Basic form for straightforward loans with fixed payment terms and dates
- Individual Promissory Note: Designed for personal loans between individuals, with flexible interest options
- Shareholder Loan Promissory Note: Specifically for loans between company shareholders and their business
- Revolving Line Of Credit Promissory Note: Allows repeated borrowing up to a credit limit, common in business financing
- Letter Of Credit Promissory Note: Used in international trade transactions with bank guarantees
Who should typically use a Promissory Note?
- Lenders: Banks, credit unions, and private investors who provide loans and require Promissory Notes as security for repayment
- Business Owners: Companies using notes for equipment financing, working capital, or shareholder loans
- Private Individuals: People lending money to family members or friends, seeking legal protection for personal loans
- Legal Professionals: Attorneys who draft and review notes to ensure compliance with Austrian civil code requirements
- Financial Advisors: Professionals who help structure loan terms and recommend appropriate note formats
- Debt Collectors: Agencies and lawyers who may need to enforce notes through Austrian courts if default occurs
How do you write a Promissory Note?
- Basic Details: Gather full legal names, addresses, and contact information for all parties involved in the loan
- Loan Terms: Document the principal amount, interest rate, payment schedule, and final due date
- Security Information: Identify any collateral or guarantees being offered to secure the loan
- Payment Method: Specify how payments will be made and received, including bank account details if relevant
- Default Provisions: Define what constitutes a default and outline consequences under Austrian law
- Digital Platform: Use our automated system to generate a legally compliant note that includes all required elements
- Verification: Review all details for accuracy before signing and ensure proper witnessing if required
What should be included in a Promissory Note?
- Promise to Pay: Clear statement of unconditional payment obligation with specific amount in euros
- Party Details: Full legal names and addresses of both maker and payee
- Payment Terms: Exact amount, interest rate, payment schedule, and maturity date
- Default Provisions: Consequences of missed payments under Austrian civil code
- Security Clauses: Details of any collateral or guarantees securing the note
- Jurisdiction: Statement that Austrian law governs the agreement
- Signature Block: Space for dated signatures with proper witnessing requirements
- Data Protection: GDPR-compliant clauses for handling personal information
What's the difference between a Promissory Note and a Bond Issuance Agreement?
A Promissory Note differs significantly from a Bond Issuance Agreement in several key aspects under Austrian law. While both are debt instruments, they serve different purposes and come with distinct legal implications.
- Complexity and Scale: Promissory Notes are typically simpler, single-party promises to pay, while Bond Issuance Agreements involve multiple investors and complex regulatory requirements
- Transferability: Bonds are designed to be easily traded on secondary markets; Promissory Notes usually remain between original parties
- Regulatory Oversight: Bond issuances require extensive regulatory compliance and often FMA approval; Promissory Notes need minimal regulatory oversight
- Documentation Requirements: Bonds need comprehensive prospectuses and detailed terms; Promissory Notes can be relatively brief
- Typical Users: Bonds are mainly used by large corporations and institutions; Promissory Notes suit individuals and smaller businesses
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