Deferment Agreement for Singapore

Deferment Agreement Template for Singapore

A Deferment Agreement under Singapore law is a legally binding document that modifies existing payment obligations by establishing a new payment schedule or timeline. It maintains the original debt while providing the debtor with temporary relief through restructured payment terms. The agreement must comply with Singapore's Contract Act and related financial regulations, particularly regarding interest rates and enforcement provisions. It typically includes specific terms about the deferment period, any additional charges, and consequences of default.

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What is a Deferment Agreement?

The Deferment Agreement is commonly used in Singapore when parties need to formally modify existing payment obligations due to financial constraints or business circumstances. It serves as an amendment to original payment terms while preserving the underlying obligation. When drafting a Deferment Agreement, parties must ensure compliance with Singapore's contract law principles and financial regulations. The document typically includes details of the original obligation, new payment schedule, any additional costs or interest, and default provisions. It's particularly relevant during economic downturns or when businesses face temporary cash flow challenges.

What sections should be included in a Deferment Agreement?

1. Parties: Identification of all parties to the agreement

2. Background: Context of the original obligation and reason for deferment

3. Definitions: Key terms used throughout the agreement

4. Original Obligation: Details of the original payment or obligation being deferred

5. Deferment Terms: New payment schedule or obligations including dates and amounts

6. Interest and Charges: Any applicable interest or additional charges during deferment period

7. Default Provisions: Consequences of failing to meet deferred payment terms

8. Governing Law: Specification of Singapore law as governing law

What sections are optional to include in a Deferment Agreement?

1. Security Provisions: Additional security or collateral requirements - include when additional security is required for the deferred amount

2. Guarantor Provisions: Terms relating to guarantors - include when a guarantee is required for the deferred amount

3. Early Payment Provisions: Terms for early repayment - include when early repayment options are offered

4. Force Majeure: Provisions for unforeseen circumstances - include when extended deferment periods are involved

What schedules should be included in a Deferment Agreement?

1. Payment Schedule: Detailed breakdown of deferred payment dates and amounts

2. Original Agreement: Copy of the original agreement being deferred

3. Security Documents: Details of any security or collateral arrangements

4. Guarantor Documents: Guarantor details and obligations if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Singapore

Publisher

Genie AI

Document Type

Payment Agreement

Sector

Banking

Cost

Free to use
Industries

Contract Act 1872 (Chapter 30): Primary legislation governing contract formation, validity, and enforcement including essential elements like offer, acceptance, consideration, intention, and capacity

Limitations Act (Chapter 163): Sets statutory time limits for enforcement of contractual rights and impacts the structuring of payment extension periods

Consumer Protection (Fair Trading) Act: Protects consumer interests in commercial transactions and ensures fair trading practices, particularly relevant if the deferment involves consumer contracts

Unfair Contract Terms Act (Chapter 396): Regulates unfair terms in contracts and limits the extent to which civil liability can be excluded or restricted

Banking Act (Chapter 19): Regulates banking institutions and their practices, relevant if the deferment involves banking transactions

Moneylenders Act (Chapter 188): Governs licensed moneylenders and their lending practices, applicable if the deferment involves licensed moneylenders

Civil Law Act (Chapter 43): Contains provisions regarding interest rates and regulations against unlawful interest and penalties

Securities and Futures Act: Governs securities, derivatives, and other financial products, relevant if the deferment involves regulated financial instruments

Stamp Duties Act (Chapter 312): Regulates the payment of stamp duties on legal documents and agreements

Mediation Act 2017: Framework for mediation proceedings in Singapore, relevant for dispute resolution clauses

Arbitration Act (Chapter 10): Provides the legal framework for arbitration proceedings in Singapore, important for alternative dispute resolution provisions

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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