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Forbearance Agreement
I need a forbearance agreement to temporarily suspend loan payments for a period of 6 months due to financial hardship, with interest continuing to accrue during the forbearance period and a clear plan for resuming payments at the end of the term.
What is a Forbearance Agreement?
A Forbearance Agreement gives borrowers temporary relief from their loan payments when they're facing financial difficulties. In the UAE banking sector, it's a formal arrangement where lenders agree to pause or reduce payments for a specific period, without triggering a default or legal action.
Under UAE Central Bank guidelines, these agreements help both parties avoid costly litigation while working toward a solution. The lender promises not to exercise their legal rights during the forbearance period, while borrowers typically commit to resuming payments under modified terms once their financial situation improves. This approach aligns with Sharia principles of showing leniency to debtors in genuine hardship.
When should you use a Forbearance Agreement?
Consider a Forbearance Agreement when your business faces temporary financial challenges that make it difficult to meet loan obligations. This is especially relevant in the UAE's dynamic market, where economic fluctuations can impact cash flow across industries like real estate, trading, and manufacturing.
The agreement becomes essential when you need time to recover from unexpected setbacks while maintaining good relationships with UAE banks. Common triggers include major contract delays, market downturns, or temporary business disruptions. Acting early, before missing payments, gives you the best chance of negotiating favorable terms and avoiding the severe consequences of default under UAE banking regulations.
What are the different types of Forbearance Agreement?
- Payment Modification Forbearance: Adjusts regular payment schedules, often reducing monthly amounts or creating step-up payments aligned with UAE Central Bank guidelines
- Interest-Only Forbearance: Temporarily suspends principal payments while continuing interest payments, common in UAE commercial property financing
- Full Payment Suspension: Provides complete payment relief for a defined period, typically 3-6 months under UAE banking regulations
- Hybrid Forbearance: Combines multiple relief options, such as reduced payments followed by a catch-up period, popular with UAE Islamic banking institutions
- Short-Term Emergency Relief: Offers brief payment adjustments for 1-3 months during unexpected business disruptions
Who should typically use a Forbearance Agreement?
- Commercial Banks: Draft and enforce these agreements, including both conventional UAE banks and Islamic financial institutions
- Business Owners: Negotiate and sign agreements when their companies face temporary financial challenges
- Legal Counsel: Review terms, ensure compliance with UAE banking regulations, and advise both lenders and borrowers
- Corporate Finance Officers: Manage implementation and monitor compliance with modified payment terms
- UAE Central Bank: Oversees these arrangements and ensures they align with banking sector guidelines
- Guarantors: Often required to acknowledge and consent to the modified terms of the original loan
How do you write a Forbearance Agreement?
- Original Loan Details: Gather the initial loan agreement, payment history, and current outstanding balance
- Financial Assessment: Document current financial hardship with bank statements, cash flow projections, and recovery plan
- Payment Terms: Define new payment schedule, including modified amounts and duration aligned with UAE banking regulations
- Security Details: List all existing collateral and guarantees, confirming they remain valid under the new terms
- Compliance Check: Ensure agreement aligns with UAE Central Bank guidelines and Sharia principles if applicable
- Signatory Authority: Confirm proper authorization levels for both borrower and lender representatives
What should be included in a Forbearance Agreement?
- Identification Section: Full legal names of lender, borrower, and any guarantors under UAE law
- Original Loan Reference: Details of the existing loan agreement and current outstanding obligations
- Modified Terms: Clear description of new payment schedule, amounts, and forbearance period
- Default Provisions: Consequences of breaching the modified terms under UAE banking regulations
- Governing Law: Explicit reference to UAE law and relevant Central Bank guidelines
- Representations: Borrower's acknowledgment of debt and continued validity of security
- Sharia Compliance: Statement of compliance with Islamic banking principles if applicable
What's the difference between a Forbearance Agreement and a Contractual Agreement?
A Forbearance Agreement differs significantly from a Contractual Agreement in both purpose and application within UAE's legal framework. While both are legally binding documents, their core functions and timing of use vary substantially.
- Primary Purpose: Forbearance Agreements specifically modify existing loan terms during financial hardship, while Contractual Agreements establish new business relationships and obligations
- Timing of Use: Forbearance Agreements come into play after an initial contract exists, addressing difficulties in meeting obligations. Contractual Agreements set initial terms at the start of a business relationship
- Legal Effect: Forbearance temporarily suspends or modifies existing rights under UAE banking law, while Contractual Agreements create new rights and obligations
- Duration: Forbearance typically has a defined relief period with specific end dates, whereas Contractual Agreements often govern ongoing business relationships
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