A Demand Promissory Note is a crucial financial instrument in South African commercial practice, primarily governed by the Bills of Exchange Act 34 of 1964. This document type is commonly used when one party needs to formally acknowledge and promise to repay a debt to another party, with the distinctive feature that payment can be demanded at any time. The note must include specific elements to be legally valid and enforceable, such as an unconditional promise to pay, a specified sum, and proper execution. It serves multiple purposes in business operations, from securing informal loans to facilitating complex commercial transactions. The document's flexibility and enforceability make it a valuable tool in South African business practices, particularly in situations requiring documented debt obligations without fixed payment schedules.
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1. Date and Place: Specification of the date and location where the promissory note is executed
2. Parties: Clear identification of the maker (promisor) and the payee, including full legal names and addresses
3. Promise to Pay: Unconditional promise to pay a specific sum of money, stated in words and figures
4. Payment Terms: Specification that the amount is payable on demand
5. Interest: Statement of whether interest is payable and if so, the rate and calculation method
6. Execution: Signature block for the maker and witness(es)
1. Security Provisions: Used when the note is secured by collateral or other assets
2. Guarantor Details: Included when a third party guarantees the payment
3. Default Provisions: Special terms that apply in case of default, including acceleration clauses
4. Jurisdiction and Governing Law: Included for clarity when parties are in different jurisdictions
5. Transfer Rights: Specific provisions regarding the transferability or negotiability of the note
1. Payment Schedule: If applicable, details of installment payments or payment milestones
2. Collateral Description: Detailed description of any assets securing the note
3. Guarantor Undertaking: Separate undertaking document from the guarantor if applicable
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Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate
Commercial and Corporate
Small and Medium Enterprises
Agriculture
Manufacturing
Retail
Construction
Professional Services
Mining and Resources
Relevant Teams
Legal
Finance
Treasury
Credit Control
Accounts Receivable
Risk Management
Compliance
Commercial Operations
Corporate Secretariat
Relevant Roles
Financial Manager
Chief Financial Officer
Legal Counsel
Corporate Lawyer
Credit Manager
Treasury Manager
Accounts Receivable Manager
Risk Manager
Commercial Director
Finance Director
Company Secretary
Compliance Officer
Business Development Manager
Contract Administrator
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