Debt Waiver Agreement Template for Switzerland

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Key Requirements PROMPT example:

Debt Waiver Agreement

"I need a Debt Waiver Agreement under Swiss law for our parent company to waive a CHF 500,000 intercompany loan to our Swiss subsidiary, to be effective from March 1, 2025."

Document background
The Debt Waiver Agreement is a critical instrument in Swiss financial and corporate practice, used when a creditor decides to formally and voluntarily relinquish their right to collect a debt. This document becomes relevant in various scenarios, including corporate restructuring, debt workouts, or as part of larger financial arrangements. The agreement must comply with Swiss law, particularly the Swiss Code of Obligations (OR) Article 115, and should address potential tax implications under Swiss Federal Tax Law. It typically includes detailed information about the original debt, the parties involved, the scope of the waiver, and any conditions attached. The document is particularly important in corporate groups, financial institutions, and debt restructuring scenarios, where clear documentation of debt forgiveness is essential for both legal and accounting purposes.
Suggested Sections

1. Parties: Identification of the creditor(s) and debtor(s), including full legal names, addresses, and any registration numbers

2. Background: Context of the original debt, including its origin, nature, and current status

3. Definitions: Definitions of key terms used in the agreement, including 'Debt', 'Waiver Date', and any other relevant terms

4. Debt Acknowledgment: Clear statement of the existing debt amount, including any interest or other charges up to the waiver date

5. Waiver Declaration: Express and unequivocal statement of the creditor's intention to waive the debt

6. Effective Date: Specification of when the waiver takes effect

7. Tax Provisions: Acknowledgment of tax implications and responsibilities of each party

8. Representations and Warranties: Basic representations about authority to enter into agreement and validity of debt

9. Entire Agreement: Standard clause confirming this document represents the entire agreement regarding the debt waiver

10. Governing Law and Jurisdiction: Confirmation of Swiss law as governing law and jurisdiction for disputes

Optional Sections

1. Conditions Precedent: Include when the waiver is subject to certain conditions being met

2. Partial Waiver Provisions: Include when only a portion of the debt is being waived

3. Related Party Provisions: Include when there are guarantors or other parties with rights related to the debt

4. Confidentiality: Include when parties wish to keep the waiver confidential

5. Further Assurance: Include when additional documents or actions may be needed to effect the waiver

6. Severability: Include when parties want to ensure partial invalidity doesn't affect entire agreement

7. Multiple Creditors: Include when there are multiple creditors waiving their rights

Suggested Schedules

1. Schedule 1 - Debt Details: Detailed breakdown of the debt being waived, including principal, interest, and other charges

2. Schedule 2 - Payment History: Record of payments made on the debt prior to waiver (if applicable)

3. Schedule 3 - Related Security Documents: List of any security documents that need to be released as part of the waiver

4. Appendix A - Original Loan Agreement: Copy or details of the original agreement creating the debt

5. Appendix B - Corporate Authorizations: Copies of corporate authorizations for entering into the waiver (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

Relevant Industries

Banking & Financial Services

Corporate Finance

Financial Restructuring

Investment Management

Private Equity

Real Estate

Manufacturing

Retail

Construction

Professional Services

Healthcare

Hospitality

Technology

Relevant Teams

Legal

Finance

Treasury

Tax

Compliance

Credit Control

Risk Management

Corporate Secretariat

Accounting

Debt Recovery

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Financial Controller

Legal Counsel

Corporate Lawyer

Debt Restructuring Specialist

Credit Manager

Risk Manager

Insolvency Practitioner

Tax Director

Account Manager

Relationship Manager

Compliance Officer

Company Secretary

Industries
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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