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

Updated October 12, 2026. Quick answer: Contract interest is capped at five and one-half percent above a six-month Treasury bill average set monthly, never below seven percent, and six percent a year applies when no rate is agreed (N.D.C.C. 47-14-05 and 47-14-09).

North Dakota promissory note at a glance

ItemWhat the documents say
Maximum interest rate on a private loanFive and one-half percent above a six-month Treasury bill average, never below seven percent; not applied to a loan of more than thirty-five thousand dollars, to loans to corporations, LLCs, cooperatives or trusts, to partnerships that file a tax return, to loans by regulated or agency-funded lending institutions, or to licensed pawnbroking, among the listed exclusions
Rate if the note names noneSix percent a year unless a different rate within the cap is agreed in writing
Penalty for charging too muchCivil usury forfeits the entire interest plus twenty-five percent of the principal, and usury is also a class B misdemeanor

What North Dakota law says about interest

North Dakota caps contract interest at five and one-half percent above a six-month Treasury bill average set monthly by the banking commissioner, with a ceiling never below seven percent.

Interest on a legal indebtedness is six percent per annum unless a different rate within the usury cap is contracted for in writing.

The cap does not apply to a loan whose principal is more than thirty-five thousand dollars, to loans to corporations, LLCs, cooperatives or trusts, to partnerships that file a tax return, or to loans by regulated or agency-funded lending institutions, among other exclusions in 47-14-09(2); civil usury forfeits the entire interest plus twenty-five percent of principal (47-14-10), and usury is also a class B misdemeanor (47-14-11).

The sources in their own words

  • Rate when none is agreed: “at the rate of six percent per annum unless a different rate” (North Dakota Century Code Chapter 47-14 Loans of Money).
  • Interest limit: “the maximum allowable interest rate ceiling may not be less than seven percent” (North Dakota Century Code Chapter 47-14 Loans of Money).
  • Exemption or penalty: “amounts to more than thirty-five thousand dollars” (North Dakota Century Code Chapter 47-14 Loans of Money).
  • Exemption or penalty: “a forfeiture of twenty-five percent of the principal” (North Dakota Century Code Chapter 47-14 Loans of Money).
  • Time limit to sue: “within six years after the due date or dates stated” (North Dakota Century Code Chapter 41-03 Negotiable Instruments).
  • Time limit to sue: “An action upon a contract, obligation, or liability, express or implied” (North Dakota Century Code Chapter 28-01 Limitation of Actions).
  • Signature: “A person is not liable on an instrument unless the person signed” (North Dakota Century Code Chapter 41-03 Negotiable Instruments).

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.

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Signing the note: signature, witness, notary

Under N.D.C.C. 41-03-38 a person is not liable on an instrument unless the person signed it or an agent or representative signed for them. A note is signed by the person who promises to pay.

None of the sections read for North Dakota 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 Dakota’s enacted UCC 3-118 (41-03-18) gives six years to sue on a note payable at a definite time, and 28-01-16 gives six years on a contract, obligation or liability.

A worked example: a $20,000 note

Suppose a relative lends you $20,000 and you sign a note for 5 years at 6% a year, paid monthly. With r = 6%/12 and n = 60 months, the level payment is principal times r divided by (1 minus (1 + r) to the power of negative n): $386.66 a month, computed here from these assumed inputs, not quoted. Over the 60 payments that is $23,199.60 in total, of which $3,199.60 is interest.

The 6% rate sits inside the North Dakota 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 Treasury bill average changes monthly and is not stated on this page, so the ceiling is a formula and not a single percentage.
  • The archived statute pages carry no year.
  • Silence on a witness or notary in the sections read is not proof that no other North Dakota law requires one.

Common mistakes

  • Charging more than the limit in North Dakota, which the table gives as five and one-half points over the 6-month Treasury bill average, never below seven percent (loans over $35,000 and the other listed exclusions are outside), forfeits the entire interest plus 25% of the principal, and is also a class B misdemeanor (47-14-10, 47-14-11).
  • Leaving the rate out: the legal rate of 6% applies when a note names none, and it is rarely what the parties meant.
  • Waiting too long to enforce: North Dakota allows 6 years 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 12, 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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