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Loan Assumption Agreement for United Arab Emirates

Loan Assumption Agreement Template for United Arab Emirates

This document governs the transfer of loan obligations from an original borrower to a new borrower under UAE law, incorporating both civil law principles and Sharia compliance requirements where applicable. The agreement details the terms and conditions of the loan assumption, including payment obligations, security arrangements, and the release of the original borrower. It ensures compliance with UAE Federal Laws, particularly the Civil Code and Banking regulations, while potentially incorporating Islamic finance principles depending on the nature of the original loan.

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Loan Assumption Agreement

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What is a Loan Assumption Agreement?

The Loan Assumption Agreement is a critical document used in the UAE when one party wishes to take over the loan obligations of another. This agreement is particularly common in real estate transactions, corporate restructurings, and business acquisitions within the UAE jurisdiction. The document must comply with UAE Federal Laws, including the Civil Code (Federal Law No. 5 of 1985) and relevant banking regulations, while potentially incorporating Sharia principles. It details the original loan terms, the conditions for assumption, security arrangements, and the mechanism for releasing the original borrower. The agreement is especially relevant when properties are being transferred with existing financing, or when businesses are being restructured with outstanding loan obligations.

What sections should be included in a Loan Assumption Agreement?

1. Parties: Identifies all parties: Original Borrower, Assuming Borrower, and Lender

2. Background: Recitals explaining the original loan, reason for assumption, and current status

3. Definitions and Interpretation: Defines key terms and establishes interpretation rules

4. Assumption of Loan: Core provision where Assuming Borrower takes over the loan obligations

5. Original Loan Details: Details of the original loan being assumed, including amount, term, and payment structure

6. Representations and Warranties: Statements of fact by both Original and Assuming Borrower

7. Conditions Precedent: Requirements to be met before the assumption becomes effective

8. Payment Terms: Details of how and when payments will be made by the Assuming Borrower

9. Security Arrangements: Continuation or replacement of existing security arrangements

10. Original Borrower Release: Terms of release for the Original Borrower from loan obligations

11. Default Provisions: Consequences of default by the Assuming Borrower

12. Governing Law and Jurisdiction: Specifies UAE law governance and dispute resolution procedures

What sections are optional to include in a Loan Assumption Agreement?

1. Sharia Compliance: Required if the loan must comply with Islamic finance principles

2. Property Details: Required if the loan is secured by real estate

3. Guarantor Provisions: Include if there are third-party guarantors involved

4. Insurance Requirements: Required if specific insurance must be maintained

5. Cross-Default Provisions: Include if there are related agreements or facilities

6. Assignment and Transfer: Include if transfer rights need to be specifically addressed

7. Tax Provisions: Required if there are specific tax implications to be addressed

What schedules should be included in a Loan Assumption Agreement?

1. Original Loan Agreement: Copy or key terms of the original loan agreement

2. Payment Schedule: Detailed payment amounts and dates

3. Security Documents: List and copies of all security documents

4. Property Details: If property-backed, detailed description of the secured property

5. Conditions Precedent Checklist: List of all required documents and conditions

6. Form of Release: Standard form for releasing the Original Borrower

7. Financial Statements: Recent financial statements of the Assuming Borrower

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 | Serial Founder & Legal AI Author

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions


































Clauses
































Relevant Industries

Banking & Finance

Real Estate

Construction

Commercial Property

Residential Property

Islamic Finance

Corporate Finance

Infrastructure

Asset Finance

Relevant Teams

Legal

Finance

Commercial

Compliance

Risk Management

Treasury

Real Estate

Credit

Corporate Finance

Property Management

Relevant Roles

Legal Counsel

Finance Manager

Chief Financial Officer

Banking Relationship Manager

Real Estate Manager

Compliance Officer

Islamic Finance Specialist

Credit Risk Manager

Corporate Finance Director

Treasury Manager

Property Manager

Loan Officer

Contract Administrator

Financial Controller

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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