Hawaii Promissory Note (2026)

A secured or unsecured loan note with installment or lump-sum repayment, interest within your state's legal limit, late fees and default terms.

Updated September 2026≈ 7 minReviewed against Haw. Rev. Stat. § 478-2 · 16 C.F.R. § 444.3 · Haw. Rev. Stat. § 657-1

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What you'll get

Sample first page of the Promissory Note. Your answers fill in the blanks; the clauses required in Hawaii are added automatically.

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What this document covers

Borrower, lender and optional cosigner
Principal, date and purpose (personal or business)
Interest rate checked against the state usury ceiling
Installments, lump sum or on demand with amortized payment
Late charge and default interest
Usury savings clause
Default, cure period and acceleration
Collateral and UCC or title lien
Prepayment without penalty
Cosigner notice (FTC / California)

Hawaii rules that this document follows

Maximum interest (private loans)	12% per year for personal/household loans; business loans exempt — 12% per year max on consumer credit transactions by written contract; non-consumer (business) loans are not subject to the cap; 10% absent agreementSource: Haw. Rev. Stat. § 478-2
Legal rate when none is stated	10%Source: Haw. Rev. Stat. § 478-2
Late fees	No statutory cap on late fees for private (non-consumer-lender) loans; fee must be a reasonable liquidated-damages estimate and, together with interest, must not push the effective rate above the usury ceiling
Cosigner notice	Included when a cosigner is namedSource: 16 C.F.R. § 444.3
Time to sue on a written note	6 yearsSource: Haw. Rev. Stat. § 657-1(1)
Notarization / witnesses	Not required (optional for evidentiary value)

Rules current as of 2026-10-27. Statutes change; verify before relying on them.

How to use this Promissory Note in Hawaii

Keep the interest rate at or below the Hawaii ceiling shown above; a usurious note can cost the lender all interest and more, and late fees count toward the ceiling. For loans between family members, the IRS applicable federal rate (AFR) is the minimum to avoid imputed-gift issues on loans above $10,000.

If a cosigner signs, give them the Notice to Cosigner (Section 7) before they sign — in California and under the FTC rule the guaranty is unenforceable without it.

Sign one original; the lender keeps it and the borrower keeps a copy. When the note is paid, the lender should mark it 'PAID IN FULL' and return it.

Frequently asked questions

What is the maximum interest rate I can charge in Hawaii?

12% per year for a personal, family or household loan; business-purpose loans are exempt (Haw. Rev. Stat. § 478-2). 12% per year max on consumer credit transactions by written contract; non-consumer (business) loans are not subject to the cap; 10% absent agreement

Does a promissory note need a notary or witnesses?

No. A note signed by the borrower is enforceable in Hawaii. Notarizing is optional. For a loan secured by a titled vehicle, have the lien noted on the certificate of title at the DMV — a UCC-1 does not perfect a lien on a titled vehicle; for equipment or other goods, file a UCC-1 financing statement.

How long can the lender sue on an unpaid note?

6 years from default (Haw. Rev. Stat. § 657-1(1)).

Why does the note ask whether the loan is personal or business?

Most usury statutes set a lower ceiling for personal, family or household loans and exempt or raise the ceiling for business loans, loans to entities, or large loans. The borrower's written representation in Section 1 is what a court looks at to decide which ceiling applies — so it must be truthful.

Other names

loan agreement
IOU
personal loan contract
secured promissory note
family loan agreement
demand note
installment note
loan note

Other states

FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.