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Late Payment Agreement Template for United Arab Emirates

A legally binding agreement governed by UAE law that formalizes the arrangement between a creditor and debtor for the payment of overdue amounts. The document incorporates UAE Civil Code requirements and Sharia-compliant provisions for late payment charges, structured as administrative fees rather than conventional interest. It includes detailed payment schedules, consequences of default, and enforcement mechanisms recognized by UAE courts, while ensuring compliance with local banking regulations and commercial practices.

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What is a Late Payment Agreement?

The Late Payment Agreement is essential in UAE commercial practice where businesses need to formalize arrangements for settling overdue payments while ensuring compliance with local laws and Sharia principles. This document is typically used when a debtor has defaulted on original payment terms but both parties wish to maintain their business relationship through a structured settlement plan. The agreement must carefully navigate UAE legal requirements, particularly regarding interest and late payment charges, while providing adequate protection for the creditor's rights. It includes specific provisions for payment scheduling, default consequences, and enforcement mechanisms, all structured to be enforceable under UAE law and acceptable to local courts. The document is particularly relevant in the current business climate where cash flow management and debt recovery have become increasingly important.

What sections should be included in a Late Payment Agreement?

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

2. Background: Brief history of the original debt, reference to original agreement, current outstanding amount, and reason for this late payment arrangement

3. Definitions: Key terms used in the agreement including 'Outstanding Amount', 'Due Date', 'Payment Schedule', 'Default Event'

4. Acknowledgment of Debt: Formal acknowledgment of the outstanding amount and debtor's obligation to pay

5. Payment Terms: Detailed payment schedule, including installment amounts, payment dates, and payment methods

6. Late Payment Charges: Sharia-compliant compensation for delayed payments, structured as administrative fees rather than interest

7. Default Provisions: Consequences of missing payments, including acceleration of outstanding amounts

8. Representations and Warranties: Debtor's confirmation of ability to pay and truthfulness of financial information provided

9. Governing Law and Jurisdiction: Specification of UAE law as governing law and UAE courts' jurisdiction

What sections are optional to include in a Late Payment Agreement?

1. Security: Include when the debt is secured by collateral or personal guarantees

2. Financial Reporting: Include when regular financial updates from debtor are required

3. Insurance: Include when insurance of collateral or payment protection insurance is required

4. Cross-Default: Include when default should trigger consequences under other agreements

5. Assignment: Include when either party needs the right to assign the agreement to third parties

6. Confidentiality: Include when parties wish to keep the payment arrangement private

What schedules should be included in a Late Payment Agreement?

1. Payment Schedule: Detailed breakdown of payment dates, installment amounts, and running balance

2. Original Debt Documentation: Copies of original agreements, invoices, or other documents evidencing the debt

3. Security Documentation: Details of any collateral or guarantees provided as security

4. Administrative Fees Schedule: Breakdown of administrative fees and charges applicable for late payments

5. Contact Details: List of authorized representatives and contact information for notices and payments

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

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