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Secured Demand Promissory Note for the United Kingdom

Secured Demand Promissory Note Template for England and Wales

A Secured Demand Promissory Note is a legally binding financial instrument under English and Welsh law that combines a promise to pay a specified sum with security over specific assets. It provides the payee with both a clear payment obligation and the ability to claim against designated collateral if payment is not made when demanded. The security aspect provides additional protection beyond a standard promissory note, making it a stronger instrument for creditors.

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Secured Demand Promissory Note

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What is a Secured Demand Promissory Note?

A Secured Demand Promissory Note is commonly used in lending transactions where the lender requires both an unconditional promise of repayment and security over specific assets. This document, governed by English and Welsh law, creates a formal debt obligation that can be called in on demand, while also providing the security of specific collateral. It's particularly useful in business lending, bridge financing, and other situations where immediate access to funds might be required, combined with the safety of secured assets.

What sections should be included in a Secured Demand Promissory Note?

1. Parties: Identifies the maker (promisor) and payee (promisee) of the note

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

3. Principal Amount: The sum promised to be paid, expressed in clear numerical and word format

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

5. Security Details: Description of assets securing the note and security creation provisions

6. Payment Terms: When and how payment can be demanded, including payment mechanics

What sections are optional to include in a Secured Demand Promissory Note?

1. Default Provisions: Used when specific events of default need to be defined beyond standard payment default

2. Acceleration Clause: Include when immediate payment of entire amount upon default is required

3. Assignment Rights: Include when transfer rights and restrictions need to be specified for either party

4. Representations and Warranties: Include when specific confirmations are required from the maker regarding their capacity or the security

What schedules should be included in a Secured Demand Promissory Note?

1. Schedule 1 - Security Assets: Detailed description and/or list of assets securing the note

2. Schedule 2 - Payment Schedule: If installment payments are contemplated, detailed payment dates and amounts

3. Schedule 3 - Form of Demand: Template for making payment demand, including required notice details

4. Schedule 4 - Security Documents: List and copies of additional security documents if applicable

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: Primary legislation governing negotiable instruments including promissory notes. Defines core requirements for valid promissory notes and establishes the rights and obligations of all parties involved.

Consumer Credit Act 1974: Regulates credit agreements and provides consumer protections. Relevant if the borrower is a consumer, setting out specific requirements for form and content of credit agreements.

Law of Property Act 1925: Governs the creation and enforcement of security interests in property. Essential for the secured aspect of the promissory note, particularly regarding the creation and enforcement of the security.

Financial Services and Markets Act 2000: Provides regulatory framework for financial services and markets. Relevant if the note involves regulated activities or financial services.

Common Law Principles: Fundamental legal principles regarding contract formation, consideration, and capacity to contract that must be considered in drafting the note.

Companies Act 2006: Contains registration requirements for corporate security and charges. Relevant when the security involves corporate entities.

Unfair Contract Terms Act 1977: Regulates the reasonableness of contractual terms and limitations of liability. Ensures fairness in contract terms, particularly in standard form contracts.

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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