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Promissory Notes: Negotiable Instruments Containing Express Terms Regarding Repayment
Question: What is the difference between a demand note and a common promissory note?
Answer: A demand note is a type of promissory note that becomes payable upon the lender's request rather than having a fixed due date. In contrast, a common promissory note specifies a particular repayment date or a determinable future time. Governed by the Bills of Exchange Act, R.S.C. 1985, c. B-4, both forms of notes are legal financial instruments in Canada. For assistance with financial documentation and legal support, reach out to Civil Litigations Paralegal Services today.
Understanding What Constitutes As a Promissory Note and What Is Meant By a Demand Note Versus a Common Note
A promissory note is a form of negotiable instrument whereby a party (the issuer) makes an unconditional promise in writing to pay a sum of money to another party (the payee). Payment becomes due under a promissory note at fixed time stated within the promissory note or upon receipt of a demand for repayment. A promissory note will also contain details of any applicable terms such as a rate of accruing interest, if any.
The Law
The Bills of Exchange Act, R.S.C. 1985, c. B-4, governs financial instruments such as currency, cheques, among other things, and defines a promissory note as:
176 (1) A promissory note is an unconditional promise in writing made by one person to another person, signed by the maker, engaging to pay, on demand or at a fixed or determinable future time, a sum certain in money to, or to the order of, a specified person or to bearer.
A promissory note is a contract between two parties, the borrower and the lender. A bank note is a type of promissory note issued by a bank or other financial institution. In either circumstance, a promissory note is a written promise to pay a certain amount of money to a specific person or a specific entity at a specific time and under certain conditions. However, unlike a promissory note, a bank note is backed by the assets of a bank and is therefore more secure.
Terms Upon Notes
A promissory note will typically include details of the principal amount due, the applicable interest rate, the parties involved including a "bearer of note" if a party is unspecified, the date of issue, the repayment terms, and the due date.
Payable Upon Demand
Demand notes are promissory notes without a specific due date as such a note becomes due upon demand of payment.
Summary Comment
A promissory note is a negotiable instrument and could consist as a cheque, loan agreement, or other document evidencing indebtedness.
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