I`m interested in whether I can use mine instead of the stationery format and can tie it up to give myself more security in debt collection. Pros: I started a grocery store, but it didn`t go as I expected, but the person I connect with wants to go on and offers to pay me what suits me through a pagare in a period of 6 months, but I don`t know what to do regarding the date of creation, its absence invalidates the promissory note and its exchange rate is insurmountableally affected. It has been said in this sense that: “. the date (day, month and year) of creation is a requirement of the device that cannot be replaced or integrated with other elements; and the absence of a date of issue will result in the loss of the exchange effect of the document, regardless of how its expiry was expressed (CNCom., Room B, 1.11.02, “Verzero Ernesto O. c / Micale Roberto Francisco and another s / executive”; id. Room A, 17.5.02, “Brelio Guillermo c / Ares Mirta s / ejecutivo”; id. Room A, 27.6.06, “Delicias Forestaciones SA c / Guasco Cesar s / ejecutivo”). It should be recalled that, in accordance with the principle of “completeness” applicable to the promissory note, the security itself must be sufficient, self-sufficient and contain all the relationships and rights deriving therefrom; Therefore, a promissory note that does not have a date of issue is invalid because it lacks an essential requirement, as required by the above rule. 15 Promissory notes may be bearer or viable, i.e. they may be transferred to third parties and issued by individuals or companies.
The action in exchange may be directed against any person who has signed the promissory note, either the signatory and its guarantors, or the promoters and their guarantors. The amount claimed refers to the nominal amount of the promissory note, the interest accrued from the maturity date of the promissory note at the legal interest rate plus two percentage points and the protest, communication and other costs that may be credited in direct connection with the non-payment of the promissory note. The trial to change it into a prescribed promissory note in three years, calculated from the date of expiration or the end of the legal deadline for submitting promissory notes signed at the hearing Understand this, then and despite the number of “new” rules that are sanctioned almost daily in our beloved Argentina – with the steps and counter-steps, It should also be borne in mind that the legal regulation of promissory notes is defined in a legislative decree of 19635 (which, of course, was later amended by other rules6), more specifically in Chapter XIII and under the heading “Vouchers or promissory notes” (Articles 101 to 104, with more references, that Article 103 provides, if necessary). A common problem is that the debtor does not pay his debts, which becomes a problem because the money is not returned to its owner. This has legal consequences for the defaulting person. Its name comes from the sentence I owe and that I will pay. This is one of the most common payment documents, especially between companies. It should not be confused with switching, as they are different concepts and differ in several ways. When signing, it is worth paying attention to everything that is signed, as well as the commitments that are respected, paying attention to all the details. Remember that this is a commitment that must be fulfilled and, above all, it is very important not to sign it empty-handed. The promissory note allows the debtor to defer payments according to the economic availability he has, in addition to the fact that it is advantageous for the person offering it, because the payment can be claimed very easily and with all the rights.
It must include the name, the unconditional promise to pay this certain amount, the name of the beneficiary, the place of payment, the date, as well as the place and date on which it will be signed, and, of course, it must be signed. Without these conditions, they may not be valid. Payment is made against the delivery of the promissory note, so the person who has the debt must pay at that time, but must also claim the promissory note so that the debt is not claimed again. If a person or company has not yet recovered it by claiming it, they must turn to a court case, Exchange Judgment, for their legal claim. In this case, the judge asks the debtor to pay and seizes his property as a preventive measure. Both in its realization and in its claim or payment, everything is very simple, so you need to know how to pay attention to all the details, because the consequences can be bad, such as a nullity or a large debt (for example, if you leave it empty, in which you can insert any number). Even if the person or company is trustworthy, you still need to prevent. A promissory note can be subscribed by all natural and legal persons who have legal capacity and who are legally bound. Just ask what you can afford, and finally; If you have cash but have had an unforeseen event, talk to your creditor to reach an amicable settlement and avoid future legal problems. On the other hand, if you are the debtor, it is important that before applying for a loan; Analyze the creditworthiness you have so that you do not have future legal problems. If a person subscribes to a loan title without legal or legal authorization, he is personally obliged as if he had subscribed to it in his own name.
Today we would like to explain everything you need to know about promissory notes in Chile so that you know the legal implications of this document. 1. Preliminary ruling: the parties may attempt to reach an agreement without taking legal action against the defaulting person. It is recommended to notify the debtor by mail, email, telephone and home visit. Keep in mind that this article has the function of helping you know everything you need to know about promissory notes in Chile, but it does not replace legal advice. If you need help, contact us and an expert will take care of your case. The person obliged in return (lawyer or guarantor) who complies with the payment of the payment may©, by the exchange action, demand the reimbursement of what he has paid, less the costs to which he has been sentenced, default interest at the legal rate on the amount from the date of his payment, recovery costs and other legal costs. It may also be transmitted by assignment or other legal means.
For a payment© to exist, be valid and have legal effects, its content must contain the requirements of the General Law on Securities and Credit Transactions©, whether the document is written in printed form or in Puã±o and Letter. In practice, people often use printed formats available on the Internet or for sale in stores, but nothing legally prevents you from writing the document by hand± as long as they meet the legal requirements. By approving it, the owner of the document (endorser) expresses his willingness to transmit the document to another person (endorser). The endorsement must appear on the title of the credit or on a sheet attached to it. Business loans are securities issued by a corporation that recognizes the obligation to pay another corporation or person on a maturity date, that is a fixed-income security issued by private corporations or governments, and that is required to pay the borrower the money owed on the maturity date. The issuance of corporate promissory notes offers lower costs of access to financing and higher profitability, although it carries the risk that a company will be the guarantor of this promissory note. They usually have a short expiration date, three, six, twelve or eighteen months. In general, they are traded on the secondary market and have good profitability.