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Partial Recourse Promissory Note for the United Kingdom

Partial Recourse Promissory Note Template for England and Wales

A Partial Recourse Promissory Note is a legally binding financial instrument under English and Welsh law that documents a promise to pay a specified sum, where the lender's right to recover the full amount is limited to specific circumstances or assets. It combines elements of both full recourse and non-recourse lending, providing a balanced approach to risk allocation between the parties. The document details payment terms, interest rates, and specifically defines the conditions under which the lender may pursue full recovery versus limited recovery.

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Partial Recourse Promissory Note

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What is a Partial Recourse Promissory Note?

A Partial Recourse Promissory Note is commonly used in sophisticated financing transactions where parties wish to limit the lender's recovery rights to specific assets or circumstances while maintaining full recourse rights in certain scenarios. This document, governed by English and Welsh law, is particularly useful in project financing, asset-based lending, and structured finance transactions. It includes detailed provisions on payment obligations, interest calculations, recourse limitations, and enforcement mechanisms. The partial recourse nature makes it particularly suitable for transactions where risk sharing between parties is desired.

What sections should be included in a Partial Recourse Promissory Note?

1. Parties: Identification of maker and payee with full legal names and addresses

2. Promise to Pay: Unconditional promise to pay a specific sum with payment terms

3. Principal Amount: Clear statement of the amount borrowed

4. Interest Rate: Specification of interest rate and calculation method

5. Payment Schedule: Details of payment dates and amounts

6. Recourse Provisions: Specific circumstances where limited recourse applies and where full recourse may be triggered

What sections are optional to include in a Partial Recourse Promissory Note?

1. Security: Details of any collateral or security, used when note is secured

2. Prepayment Terms: Conditions for early repayment, included when early repayment is permitted

3. Events of Default: Specific circumstances constituting default, included for complex commercial arrangements

4. Assignment Rights: Terms for transferring the note, included when assignability is desired

What schedules should be included in a Partial Recourse Promissory Note?

1. Payment Schedule: Detailed amortization table showing payment dates and amounts

2. Security Details: Description of any collateral or security arrangements

3. Recourse Conditions: Detailed explanation of partial recourse conditions and triggers

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Relevant legal definitions

























Clauses

























Industries

Bills of Exchange Act 1882: Fundamental legislation governing negotiable instruments in the UK, defining requirements for valid promissory notes and setting out rights and obligations of parties

Law of Property Act 1925: Key legislation relevant for security interests and enforcement mechanisms, particularly important for recourse provisions in promissory notes

Consumer Credit Act 1974: Regulates credit agreements and consumer protection, applicable if the promissory note involves consumer lending

Limitation Act 1980: Governs time limits for bringing claims, typically setting a 6-year limitation period for contract claims

Contracts (Rights of Third Parties) Act 1999: Legislation governing assignability and third-party rights in contractual arrangements

Contract Law Fundamentals: Common law principles including offer and acceptance, consideration, intention to create legal relations, and capacity to contract

Doctrine of Holder in Due Course: Common law principle governing the rights and protections afforded to holders of negotiable instruments

Partial Recourse Provisions: Specific legal requirements for defining limited recourse provisions, circumstances triggering full recourse, and enforcement mechanisms in partial recourse arrangements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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