Debt Forgiveness Agreement Template for Germany

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Key Requirements PROMPT example:

Debt Forgiveness Agreement

"I need a Debt Forgiveness Agreement for my company to forgive 60% of a €250,000 business loan to our long-term supplier, with the remaining 40% to be paid in installments by March 2025, while maintaining our ongoing business relationship."

Document background
The Debt Forgiveness Agreement is a crucial legal instrument used in German business and personal financial relationships when a creditor agrees to forgive all or part of a debt owed by a debtor. This document is particularly relevant in scenarios involving financial restructuring, insolvency prevention, or settlement of long-standing debts. The agreement must comply with the German Civil Code (BGB), particularly §397 regarding debt release, and consider implications under German tax law, as debt forgiveness can have significant tax consequences for both parties. The document includes detailed information about the original debt, terms of forgiveness, any conditions precedent, and necessary representations and warranties. It's essential in both corporate and private contexts and may require notarization depending on the circumstances and amount involved.
Suggested Sections

1. Parties: Identification of the creditor and debtor, including full legal names, addresses, and registration details if companies

2. Background: Context of the original debt, relationship between parties, and circumstances leading to the forgiveness

3. Definitions: Definitions of key terms used throughout the agreement

4. Debt Acknowledgment: Clear statement of the original debt amount, origin, and current outstanding balance

5. Terms of Forgiveness: Specific details of the debt being forgiven, including amount and effective date

6. Conditions Precedent: Any conditions that must be met before the forgiveness takes effect

7. Representations and Warranties: Statements of fact by both parties regarding their capacity and authority to enter into the agreement

8. Tax Implications: Acknowledgment of tax consequences and responsibility for any tax liabilities

9. Release: Formal release of the debtor from the specified obligations

10. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

11. Execution: Signature blocks and execution requirements

Optional Sections

1. Partial Payment Terms: Used when the agreement includes partial payment of the debt before forgiveness

2. Confidentiality: Include when parties wish to keep the terms of forgiveness private

3. Insolvency Provisions: Required when the forgiveness is part of insolvency prevention measures

4. Corporate Approvals: Necessary when either party is a corporation requiring specific approval processes

5. Security Release: Include when existing security or collateral needs to be released

6. Future Cooperation: Optional terms for ongoing business relationship if relevant

7. Third Party Rights: Include when the debt involves guarantors or other third parties

Suggested Schedules

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

2. Schedule 2 - Payment History: Record of payments made against the original debt

3. Schedule 3 - Related Security Documents: List of security documents to be terminated or modified

4. Appendix A - Corporate Resolutions: Copies of relevant corporate approvals if parties are companies

5. Appendix B - Original Loan Documentation: Copies or references to the original debt agreements

6. Appendix C - Tax Declarations: Required tax forms or declarations related to the debt forgiveness

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 legal definitions
Relevant Industries

Banking and Financial Services

Corporate Services

Legal Services

Real Estate

Manufacturing

Retail

Healthcare

Construction

Technology

Professional Services

Small and Medium Enterprises

Private Lending

Relevant Teams

Legal

Finance

Treasury

Tax

Compliance

Risk Management

Credit Control

Accounting

Corporate Restructuring

Debt Recovery

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Tax Advisor

Insolvency Administrator

Credit Manager

Debt Recovery Specialist

Treasury Manager

Financial Controller

Risk Manager

Compliance Officer

Accounting Manager

Business Recovery Professional

Corporate Restructuring Officer

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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