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Promissory Note
I need a promissory note for a personal loan of €5,000 with an interest rate of 3% per annum, to be repaid in monthly installments over a period of 2 years. The note should include a clause for late payment penalties and specify that the loan is unsecured.
What is a Promissory Note?
A Promissory Note is a written pledge to pay a specific amount of money to someone by a set date. In Belgian law, these legally binding documents play a crucial role in both business and personal lending, creating a clear paper trail of debt obligations.
Used widely in Belgian commercial transactions, these notes spell out key details like interest rates, payment schedules, and consequences of default. Unlike informal IOUs, promissory notes (often called "billet à ordre" in French or "orderbriefje" in Dutch) can be transferred to other parties and are enforceable in Belgian courts under the Commercial Code, making them valuable tools for securing business deals and managing financial relationships.
When should you use a Promissory Note?
Consider using a Promissory Note when lending money in Belgium, especially for business transactions or significant personal loans. These notes protect both lenders and borrowers by clearly documenting the loan terms, payment schedule, and interest rates in a legally binding format.
This tool proves particularly valuable when dealing with multiple payment installments, extending credit to business partners, or structuring family loans. Belgian courts recognize properly executed promissory notes as strong evidence of debt, making them essential for risk management. They're also useful in situations requiring future transfer of debt obligations or when seeking legal enforcement of payment terms under Belgian commercial law.
What are the different types of Promissory Note?
- Promissory Agreement: Basic form used for general business transactions, offering standard payment terms and conditions
- Promise To Pay Agreement: Simplified version typically used for straightforward debts with fixed payment schedules
- Promissory Note Loan Agreement: Comprehensive version combining detailed loan terms with payment promises
- Private Mortgage Note: Specialized form secured by real estate, common in Belgian property transactions
- Promissory Note For Personal Loan: Tailored for individual lending, with simplified terms and consumer protections
Who should typically use a Promissory Note?
- Business Owners & Entrepreneurs: Use promissory notes to document loans between companies or secure business financing from private lenders
- Banks & Financial Institutions: Issue these notes for commercial loans and credit arrangements, often requiring additional security
- Private Lenders: Create notes to formalize personal loans and protect their interests under Belgian civil law
- Legal Professionals: Draft and review notes to ensure compliance with Belgian financial regulations and enforceability
- Property Developers: Utilize notes in real estate transactions, particularly for construction financing or property sales with installment payments
How do you write a Promissory Note?
- Party Details: Gather full legal names, addresses, and identification numbers of both lender and borrower
- Loan Specifics: Document the exact amount, currency, interest rate, and complete payment schedule
- Security Elements: Determine if collateral or guarantees will secure the note under Belgian law
- Payment Terms: Specify payment methods, late fees, and default consequences aligned with local regulations
- Execution Requirements: Ensure all signatures are properly witnessed and dated as required by Belgian civil code
- Document Generation: Use our platform to create a legally-sound promissory note that includes all mandatory elements
What should be included in a Promissory Note?
- Unconditional Promise: Clear statement of obligation to pay, using the phrase "I promise to pay"
- Party Information: Complete legal names and addresses of both lender and borrower
- Payment Terms: Specific amount, currency, interest rate, and due date(s)
- Place of Payment: Physical location or bank account details where payment must be made
- Governing Law: Express statement that Belgian law applies to the agreement
- Default Provisions: Consequences of missed payments and acceleration clauses
- Signature Block: Dated signatures of all parties, with proper witnessing if required
What's the difference between a Promissory Note and a Convertible Loan Note?
A Promissory Note differs significantly from a Convertible Loan Note in several key aspects under Belgian law. While both documents involve debt obligations, their purposes and features are distinct.
- Basic Structure: Promissory Notes are straightforward debt instruments promising repayment of a fixed sum, while Convertible Loan Notes can transform into equity ownership
- Investment Purpose: Promissory Notes focus purely on debt repayment, whereas Convertible Loan Notes often serve as startup investment tools with potential equity conversion
- Flexibility: Promissory Notes maintain fixed terms throughout their duration, but Convertible Loan Notes offer variable outcomes based on triggering events
- Legal Complexity: Promissory Notes typically require simpler documentation and fewer regulatory considerations than Convertible Loan Notes, which must address both debt and potential equity aspects
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