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Understanding Promissory Notes


Whether take out a loan from a bank or borrow money from someone you know, you should sign a promissory note.

If you borrow start-up cash for your business from a commercial lender, the lender will require you to sign a promissory note that sets out the repayment terms. If you borrow the money from a friend or relative, it's still smart to sign a promissory note, even if the lending friend or relative assures you that such formality isn't necessary. Documenting the loan can do no harm, and it can head off misunderstandings about whether the money is a loan or gift, when it is to be repaid, and how much interest is owed. It also documents the terms of the loan in case the IRS comes sniffing around with a business audit.

Types of Repayment Schedules

Banks provide their own promissory note forms. If you borrow from a friend or relative, you'll need to use a promissory note from form books or software. The legal and practical terms of promissory notes can vary considerably, but the most important thing is to pick a repayment plan that's right for you. Following are four different approaches.

 
Promissory Note Forms

Nolo's Quicken Legal Business Pro software and Legal Forms for Starting & Running a Small Business, by Fred Steingold, provide promissory notes with the following four repayment plans. In addition, both the software and book offer a security agreement to go with the promissory notes, in case collateral will be required.

1. Amortized Payments

You've probably dealt with an amortized repayment schedule before, when paying off a car loan or a mortgage. You pay the same amount each month (or year) for a specified number of months (or years). Part of each payment goes toward interest, and the rest goes toward principal. When you make the last payment, the loan and interest are fully paid. In legal and accounting jargon, this type of loan is "fully amortized" over the period that you make payments.

Once you know the terms of the loan (the amount you want to borrow, the interest rate, and the time over which you'll make payments), you can figure out the amount of the payments using software such as Intuit's Quicken or Quickbooks or an online calculator. Or you can use a printed amortization schedule, which are widely available from commercial lenders, business publishers, and local libraries.

Copyright 2006 Nolo

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