Types (2)
Secured Promissory Note – Used to record a loan in which the borrower forfeits certain assets if they fail to meet any contract terms.
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Unsecured Promissory Note – Documents a loan transaction that is not insured by the borrower’s property.
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Laws
- Interest & Usury Laws: Title XXVI, Chapter 408
- Usury Rate with a Contract (§ 408.030): 10%, unless the market rate exceeds 10%, in which case the interest may not exceed the market rate. The parties may also agree to a $10 fee in lieu of interest (§ 408.031).
- Usury Rate without a Contract (§ 408.020): 9%
- Usury Rate for Judgements (§ 408.040(3)): Federal Funds Rate + 5%
- Usury Rate in General (misdemeanor) (§ 408.095): 2% per month
- Usury Rate for Secured Personal Credit Loans (§ 367.021(2)): 2% per month
- Loans without Interest Limit (§ 408.035):
- Loan to a corporation, GP, LP, LLC;
- Credit extensions for agricultural, business, or commercial purposes;
- Non-residential real estate loans; or
- Loans greater than $5,000 secured solely by certificates of stock, bonds, bills of exchange, certificates of deposit, warehouse receipts, or bills of lading.