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Recourse Promissory Note for Canada

Recourse Promissory Note Template for Canada

A Recourse Promissory Note is a legal financial instrument governed by Canadian law, particularly the federal Bills of Exchange Act, that documents a borrower's unconditional written promise to repay a specific sum of money to a lender under defined terms. This document includes essential elements such as the principal amount, interest rate, payment schedule, and maturity date. What distinguishes this as a recourse note is that it gives the lender the right to seek additional assets or personal guarantees from the borrower if the initial repayment source proves insufficient to satisfy the debt. The document must comply with Canadian federal and provincial regulations regarding interest rates, debt collection, and contract enforcement.

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Recourse Promissory Note

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What is a Recourse Promissory Note?

The Recourse Promissory Note is a fundamental financial instrument used when one party (the Maker) wishes to document their obligation to repay a loan to another party (the Payee), while providing the Payee with comprehensive rights of recovery. This document is particularly relevant in situations where the lender requires additional security beyond specific collateral, such as in business loans, private lending arrangements, or real estate transactions. Under Canadian law, these notes must comply with the Bills of Exchange Act and provincial regulations regarding interest rates and debt collection. The recourse nature of the note means that if the borrower defaults and the value of any specific collateral is insufficient to cover the debt, the lender can pursue the borrower's other assets or income to satisfy the outstanding obligation. This makes it a stronger form of security compared to non-recourse notes, particularly suitable for situations where the lender requires maximum protection for their investment.

What sections should be included in a Recourse Promissory Note?

1. Parties: Identification of the Maker (borrower/promisor) and Payee (lender/promisee) with full legal names and addresses

2. Promise to Pay: Clear statement of the unconditional promise to pay, including the principal amount in both numbers and words

3. Payment Terms: Details of how and when payments will be made, including interest rate, payment schedule, and maturity date

4. Interest: Specification of interest rate, how it's calculated, and frequency of compounding

5. Place of Payment: Where and how payments are to be made

6. Prepayment: Terms regarding early payment of the note

7. Default: Definition of events of default and consequences

8. Remedies: Rights and remedies of the Payee upon default, including acceleration clause

9. Recourse: Specific language establishing the recourse nature of the note and the extent of maker's personal liability

10. Governing Law: Specification of applicable Canadian jurisdiction

11. Signature Block: Space for dating and signatures of all parties

What sections are optional to include in a Recourse Promissory Note?

1. Security: Include when the note is secured by collateral or other assets

2. Guarantor: Include when there is a third-party guarantor for the note

3. Late Charges: Include when specific penalties for late payments are to be imposed

4. Assignment: Include when there's a need to specify terms for transferring or assigning the note

5. Notices: Include when formal notice requirements need to be specified

6. Joint and Several Liability: Include when there are multiple makers of the note

7. Waiver of Presentment: Include when parties agree to waive formal presentment requirements

What schedules should be included in a Recourse Promissory Note?

1. Payment Schedule: Detailed amortization table showing payment dates, amounts, and allocation between principal and interest

2. Security Description: Detailed description of any collateral or security if the note is secured

3. Guaranty Agreement: If applicable, the formal guaranty agreement from any guarantors

Authors

Alex Denne

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

Jurisdiction

Canada

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Relevant legal definitions




















Clauses




















Relevant Industries

Banking and Financial Services

Real Estate

Private Lending

Commercial Finance

Small Business

Investment Management

Construction

Manufacturing

Professional Services

Agriculture

Relevant Teams

Legal

Finance

Treasury

Credit and Collections

Risk Management

Compliance

Commercial Lending

Private Banking

Investment

Business Development

Relevant Roles

Chief Financial Officer

Finance Manager

Legal Counsel

Credit Manager

Loan Officer

Financial Controller

Treasury Manager

Accounts Receivable Manager

Risk Manager

Commercial Lending Officer

Private Banking Manager

Business Development Manager

Corporate Secretary

Investment Manager

Compliance Officer

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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