An Arkansas promissory note is a document that represents a debt agreement between two parties, the lender and the borrower. The term promissory in this case means the borrower promises to pay the lender a definite sum of money in addition to interest by a certain date.
A promissory note covers all terms and conditions of the arrangement, including payment and interest amount, type of payment (installments or lump sum), fees, collateral (if applicable), and the due date of the payment. This form provides the lender with a record of the loan, allowing them to take legal action should the borrower fail to pay them back the full amount due.
Types (2)
Secured Promissory Note – Used to record a loan transaction wherein the lender has a security interest in the borrower’s property.
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Unsecured Promissory Note – Used to verify that the borrower understands their obligations in non-collateralized loan agreements.
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Laws
- Interest & Usury Laws: Title 4, Chapter 57
- Usury Rate (§ 4-57-104): Arkansas Constitution, Amendment 89 sets the maximum lawful interest rate at 17%.
- Usury Rate Without Contract (§ 4-57-101(d)): 6%
- Usury Rate for Judgments (§ 16-65-114(a)(2)): 17% (Arkansas Constitution, Amendment 89).
- Usury Rate for Policy (Life Insurance) Loan (§ 23-81-109(c)(1)): 8% or an adjustable maximum interest rate subject to usury limitation.