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Form Of Secured Promissory Note for Australia

Form Of Secured Promissory Note Template for Australia

A Secured Promissory Note is a formal financial instrument used under Australian law that combines a promise to pay with security interests in specific assets. The document evidences a debt obligation where the borrower (maker) promises to pay a specified sum to the lender (payee), with the additional protection of security over specified assets. It must comply with Australian federal laws, including the Personal Property Securities Act 2009 (Cth) for security registration, and relevant state laws governing contracts and security interests. The document includes detailed payment terms, security arrangements, default provisions, and enforcement mechanisms.

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Form Of Secured Promissory Note

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What is a Form Of Secured Promissory Note?

The Form of Secured Promissory Note is a crucial document in Australian commercial and financial transactions, used when a party needs to formally document a debt obligation while securing it against specific assets. This instrument is particularly valuable in business financing, asset purchases, and structured lending arrangements where the lender requires additional security beyond a simple promise to pay. The document combines elements of a traditional promissory note with security arrangements compliant with Australian security interests legislation, particularly the Personal Property Securities Act 2009 (Cth). It provides a clear record of the debt, payment terms, and security arrangements, while establishing the lender's rights in case of default. The document is commonly used in both corporate and individual lending scenarios, though its complexity usually warrants legal review and careful consideration of the security registration requirements.

What sections should be included in a Form Of Secured Promissory Note?

1. Parties: Identification of the Lender (Payee) and Borrower (Maker) with full legal names and addresses

2. Background: Brief context of the loan arrangement and purpose of the promissory note

3. Definitions: Key terms used throughout the document including 'Security Interest', 'Collateral', 'Event of Default', etc.

4. Promise to Pay: Clear statement of the principal amount, interest rate, and unconditional promise to pay

5. Payment Terms: Detailed payment schedule, including payment dates, amounts, and method of payment

6. Security Interest: Description of the security/collateral and creation of the security interest

7. Representations and Warranties: Borrower's declarations regarding their authority, ownership of collateral, and financial condition

8. Events of Default: Comprehensive list of circumstances that constitute default

9. Remedies: Lender's rights and remedies upon default, including acceleration and enforcement of security

10. Notices: How and where formal notices must be delivered

11. Governing Law: Specification of Australian law as governing law and jurisdiction

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

1. Prepayment Provisions: Terms allowing early repayment and any associated penalties or benefits - include if early repayment is permitted

2. Guarantor Provisions: Terms relating to any guarantor of the note - include if there is a guarantor

3. Insurance Requirements: Obligations to maintain insurance on collateral - include if specific insurance is required

4. Financial Covenants: Specific financial requirements or ratios - include for business borrowers

5. Assignment and Transfer: Terms governing the transfer or assignment of the note - include if the note is intended to be transferable

6. Tax Provisions: Allocation of responsibility for taxes - include if tax implications need to be addressed

7. Digital Execution: Provisions for electronic signature and record-keeping - include if digital execution is contemplated

What schedules should be included in a Form Of Secured Promissory Note?

1. Schedule A - Collateral Description: Detailed description of all assets serving as security

2. Schedule B - Payment Schedule: Amortization table or detailed payment schedule if installment payments are involved

3. Schedule C - Security Registration Details: PPSR registration information and other security registration details

4. Appendix 1 - Guarantor Agreement: Form of guarantee if applicable

5. Appendix 2 - Collateral Valuation: Independent valuation of security assets if required

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Relevant legal definitions





































Clauses


























Relevant Industries

Banking and Financial Services

Commercial Real Estate

Small Business

Agriculture

Manufacturing

Retail

Professional Services

Technology

Construction

Mining and Resources

Healthcare

Education

Relevant Teams

Legal

Finance

Treasury

Credit and Risk

Compliance

Commercial

Corporate Secretariat

Business Development

Loan Administration

Security Administration

Relevant Roles

Chief Financial Officer

Finance Manager

Legal Counsel

Corporate Lawyer

Credit Manager

Risk Manager

Commercial Manager

Treasury Manager

Financial Controller

Loan Officer

Business Development Manager

Company Secretary

Compliance Officer

Security Trustee

Contract Administrator

Industries








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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