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Debt Resolution Agreement Template for Switzerland

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Key Requirements PROMPT example:

Debt Resolution Agreement

"I need a Debt Resolution Agreement for my manufacturing company to restructure a CHF 2.5 million business loan with Credit Suisse, with monthly installments over 5 years starting March 2025, including a 20% principal reduction and security over company assets."

Document background
The Debt Resolution Agreement is utilized when parties seek to formally document the terms of settling outstanding financial obligations under Swiss law. This document becomes necessary when a debtor and creditor agree to resolve debt through structured payments, potential partial debt forgiveness, or restructuring. It's particularly relevant in situations involving commercial debts, consumer debts, or corporate financial restructuring. The agreement must comply with Swiss legal requirements, particularly the Swiss Code of Obligations and the Federal Debt Enforcement and Bankruptcy Act. It typically includes detailed payment schedules, consequences of default, and may incorporate provisions for interest adjustment or debt write-offs. This document is crucial for both parties as it provides legal certainty and clear terms for debt resolution, while ensuring enforceability under Swiss jurisdiction.
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 debt, including its origin, current amount, and any previous attempts at resolution

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

4. Acknowledgment of Debt: Formal acknowledgment of the total debt amount and its components

5. Resolution Terms: Detailed terms of the debt resolution, including payment amount, schedule, and any debt reduction

6. Payment Arrangements: Specific details about payment methods, dates, and installment amounts

7. Default Provisions: Consequences of missing payments or breaching the agreement

8. Representations and Warranties: Statements by both parties about their capacity and authority to enter into the agreement

9. Confidentiality: Provisions regarding the confidentiality of the agreement and its terms

10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

11. Entire Agreement: Clause confirming this document represents the complete agreement between parties

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Security Provisions: Required when the debt resolution is secured by assets or guarantees

2. Third-Party Guarantors: Included when there are guarantors involved in the debt resolution

3. Interest Provisions: Detailed when there are specific arrangements regarding interest calculation or waiver

4. Tax Implications: Required when there are significant tax consequences to the debt resolution

5. Cross-Border Provisions: Necessary when parties are in different jurisdictions

6. Debt Write-Off Terms: Included when part of the debt is being written off

7. Early Payment Provisions: Optional terms for early repayment scenarios

8. Dispute Resolution: Alternative dispute resolution procedures, if agreed upon

Suggested Schedules

1. Schedule A - Debt Breakdown: Detailed breakdown of the total debt amount, including principal, interest, and any fees

2. Schedule B - Payment Schedule: Detailed payment schedule showing all installment dates and amounts

3. Schedule C - Security Details: Details of any security or collateral provided

4. Appendix 1 - Original Debt Documentation: Copies of original loan agreements or debt instruments

5. Appendix 2 - Financial Statement: Current financial statement of the debtor

6. Appendix 3 - Payment History: Record of previous payments and attempts at resolution

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses






























Relevant Industries

Financial Services

Banking

Insurance

Real Estate

Construction

Manufacturing

Retail

Professional Services

Healthcare

Technology

Telecommunications

Energy

Transportation

Agriculture

Hospitality

Relevant Teams

Legal

Finance

Credit Control

Collections

Treasury

Risk Management

Corporate Affairs

Accounts Receivable

Debt Recovery

Compliance

Commercial

Relevant Roles

Chief Financial Officer

Finance Director

Credit Manager

Collections Manager

Financial Controller

Legal Counsel

Debt Recovery Specialist

Risk Manager

Treasury Manager

Accounts Receivable Manager

Corporate Lawyer

Restructuring Officer

Insolvency Practitioner

Credit Analyst

Commercial Director

Financial Advisor

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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