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Debt Settlement Agreement
I need a debt settlement agreement to formalize the terms of settling an outstanding debt with a creditor, including a reduced lump sum payment and a clear release of any further obligations. The agreement should specify the payment deadline, any applicable penalties for late payment, and ensure compliance with UAE laws.
What is a Debt Settlement Agreement?
A Debt Settlement Agreement helps creditors and debtors reach a compromise on outstanding payments in the UAE. This legally binding contract typically allows the debtor to pay less than the full amount owed, with the creditor agreeing to accept the reduced sum as complete satisfaction of the debt. Under UAE Civil Code, these agreements provide a formal way to resolve financial obligations without court intervention.
The agreement outlines key terms like the settlement amount, payment schedule, and release conditions. It's particularly useful for businesses facing financial hardship and banks looking to recover partial payments rather than pursuing costly legal action. Once signed and notarized, it protects both parties - the debtor gets debt relief while the creditor receives payment certainty.
When should you use a Debt Settlement Agreement?
Use a Debt Settlement Agreement when your business needs to negotiate repayment terms with creditors but can't meet the original obligations. This solution works especially well in the UAE when facing temporary cash flow problems or during business restructuring. It helps avoid costly court proceedings while maintaining important supplier and banking relationships.
The agreement becomes crucial when dealing with multiple creditors, during economic downturns, or when seeking to clear outstanding debts before major business transactions. Under UAE law, it provides a structured path for debt resolution, particularly valuable for SMEs facing financial pressure or companies needing to clean up their balance sheets before seeking new investment or financing.
What are the different types of Debt Settlement Agreement?
- One-time Settlement: Resolves the entire debt with a single lump-sum payment, often at a significant discount. Popular in UAE banking sector for credit card and personal loan settlements.
- Installment Plan Settlement: Structures the reduced debt into fixed monthly payments over a set period, common for business-to-business debts in the UAE market.
- Multi-creditor Settlement: Coordinates debt resolution with multiple creditors simultaneously, typically used in corporate restructuring scenarios.
- Asset-backed Settlement: Links debt resolution to specific collateral or assets, providing additional security for larger commercial settlements.
- Conditional Settlement: Includes performance-based terms or future payment triggers, often used in construction and real estate debt resolutions.
Who should typically use a Debt Settlement Agreement?
- Creditors: Banks, financial institutions, or businesses owed money who agree to accept reduced payment terms while maintaining legal documentation.
- Debtors: Companies or individuals facing financial difficulties who seek to resolve their debts through negotiated settlements under UAE law.
- Legal Representatives: Lawyers and legal consultants who draft and review agreements to ensure compliance with UAE Civil Code requirements.
- Financial Advisors: Professionals who analyze settlement terms and advise on financial implications for both parties.
- Notary Public: Official who authenticates the agreement, making it legally binding under UAE regulations.
How do you write a Debt Settlement Agreement?
- Debt Details: Gather original loan documents, total amount owed, interest rates, and payment history to establish baseline facts.
- Financial Assessment: Document current financial capacity, including income statements and cash flow projections.
- Settlement Terms: Calculate proposed settlement amount, payment schedule, and any conditions for debt forgiveness.
- Party Information: Collect complete legal names, contact details, and registration numbers for all involved parties.
- Supporting Documents: Prepare bank statements, business licenses, and any relevant correspondence about the debt.
- Notarization Plan: Schedule UAE notary public services to authenticate the final agreement.
What should be included in a Debt Settlement Agreement?
- Party Details: Full legal names, addresses, and registration numbers of creditor and debtor as per UAE requirements.
- Debt Description: Original debt amount, interest rates, and clear acknowledgment of the outstanding balance.
- Settlement Terms: Agreed reduced amount, payment schedule, and conditions for debt satisfaction.
- Release Clause: Clear statement releasing debtor from further obligations upon completion of settlement terms.
- Default Provisions: Consequences of missing payments and remedies under UAE Civil Code.
- Governing Law: Explicit reference to UAE law and jurisdiction for dispute resolution.
- Authentication: Signature blocks and notarization requirements per UAE regulations.
What's the difference between a Debt Settlement Agreement and a Debt Assumption Agreement?
While both serve to resolve financial obligations, a Debt Settlement Agreement differs significantly from a Debt Assumption Agreement in several key aspects under UAE law.
- Primary Purpose: Debt Settlement Agreements reduce and restructure existing debt obligations, while Debt Assumption Agreements transfer debt responsibility from one party to another.
- Party Structure: Settlement involves original creditor and debtor negotiating new terms. Assumption introduces a third party who takes over the debt obligation entirely.
- Legal Effect: Settlement ends the original debt upon completion of new terms. Assumption maintains the original debt amount but changes who's responsible for payment.
- Risk Profile: Settlement reduces financial exposure for both parties. Assumption shifts risk to the assuming party while maintaining the creditor's full claim.
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