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A Delaware promissory note is an arrangement where a borrower borrows a sum of money from a lender with the promise to pay it back by a certain date. The note establishes the amount of the loan, the amount of interest charged, the frequency of payments, any late fees that apply, and collateral (if any).
Any individual, company, or financial institution can issue a promissory note, and they are typically used to loan smaller sums of money. Promissory notes can be secured or unsecured; a secured note means that collateral has to be surrendered by the borrower to ensure the loan is repaid.
Types (2)
Secured Promissory Note – A loan granted to a lender under the condition that the lender puts up personal assets as collateral.
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Unsecured Promissory Note – A personal loan that is not secured by collateral.
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Laws
- Interest & Usury Laws: Title 6, Chapter 23
- Usury Rate (§ 2301(a)): In excess of 5% over the Federal Reserve discount rate.
- Usury Rate for Unsecured Loans over $100,000 (§ 2301(c)): No maximum.
- Usury Rate for Life Insurance Policy Loans (§ 2911(b)(1)): 8% or an adjustable maximum interest rate as permitted by law.
- Usury Rate for Secured Pawnbroker Loans (§ 2316): 30% per month.