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North Carolina Promissory Note Template (2026): Usury Limit, Interest, Notary

Updated October 11, 2026. Quick answer: On a loan of $25,000 or less the written rate is capped by a formula, on a larger loan any agreed rate is allowed, and with no rate the legal rate is 8% (N.C.G.S. chapter 24).

North Carolina promissory note at a glance

ItemWhat the documents say
Maximum interest rate on a private loanPrincipal of $25,000 or less: a rate capped by the Commissioner of Banks’ monthly formula; above $25,000: any agreed rate
Rate if the note names none8% a year
Penalty for charging too muchA knowing overcharge forfeits the entire interest, and the borrower may recover twice the interest paid

What North Carolina law says about interest

Except as otherwise provided in Chapter 24 or other applicable law, for a loan other than a credit card or open-end loan of $25,000 or less, parties may contract in writing for interest up to the monthly maximum announced by the Commissioner of Banks (the six-month T-bill rate plus 6%, rounded to the nearest 1/2%, or 16%, whichever is greater); above $25,000 any agreed rate is allowed.

The legal rate of interest is eight percent per annum for such time as interest may accrue, and no more, except as G.S. 136-113 provides.

Loans of more than $25,000 may carry any agreed rate. A knowing overcharge forfeits the entire interest, and the borrower may recover twice the interest paid.

The sources in their own words

  • Interest limit: “Where the principal amount is twenty-five thousand dollars ($25,000) or less” (G.S. 24-1.1 Contract rates and fees).
  • Rate when none is agreed: “the legal rate of interest shall be eight percent (8%) per annum” (G.S. 24-1 Legal rate is eight percent).
  • Exemption or penalty: “shall be a forfeiture of the entire interest” (G.S. 24-2 Penalty for usury).
  • Time limit to sue: “must be commenced within six years after the due date” (G.S. 25-3-118 Statute of limitations).

If you’re ready to put it in writing

This is free to browse and there is no obligation to buy anything. LawDepot builds a state-specific promissory note through a question-and-answer form.

Build a promissory note at LawDepot

LawDepot pays us a commission if you buy through this link. It costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.

Signing the note: signature, witness, notary

Under N.C.G.S. 25-3-401 a person is not liable on an instrument unless the person signed it or an agent signed for them. A note is signed by the person who promises to pay.

None of the sections read for North Carolina requires a witness or a notary for the note itself. A note secured by real property is a separate question; see what an intra-family mortgage requires.

How long a lender has to sue

North Carolina’s enacted UCC 3-118 gives six years after the due date to sue on a note payable at a definite time (the general contract period is 3 years under G.S. 1-52).

A worked example: a $20,000 note

Suppose a relative lends you $20,000 and you sign a note for 5 years at 8% a year, paid monthly. With r = 8%/12 and n = 60 months, the level payment is principal times r divided by (1 minus (1 + r) to the power of negative n): $405.53 a month, computed here from these assumed inputs, not quoted. Over the 60 payments that is $24,331.80 in total, of which $4,331.80 is interest.

The 8% rate sits inside the North Carolina limit in the table above, which is why it was chosen. The federal side of a loan between relatives is covered at family loan minimum interest rate and AFR rates by month.

A loan or a gift?

A loan that may never be repaid is taxed differently; see family loan vs gift, forgiving a family loan and gift tax by state.

What the documents do not say

  • The monthly cap for loans of $25,000 or less is set by a formula the Commissioner of Banks publishes, and its current figure is not quoted on this page.
  • Silence on a witness or notary in the sections read is not proof that no other North Carolina law requires one.

Common mistakes

  • Charging more than the limit in North Carolina, which the table gives as loans up to $25,000 capped by formula and above that any agreed rate, can mean forfeiting the entire interest if the overcharge is knowing, and the borrower may recover twice the interest paid.
  • Leaving the rate out: the legal rate of 8% applies when a note names none, and it is rarely what the parties meant.
  • Waiting too long to enforce: North Carolina allows 6 years (UCC note) to sue on a written note.

Related: promissory notes by state, promissory note requirements, family loan minimum interest rate, and gift tax by state.

Sources

Sources: the primary documents linked above, read on October 11, 2026. General information, not legal or tax advice. Statutes change and courts read them, so confirm anything consequential with a lawyer licensed in your state.

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