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Debt Settlement Agreement Template for Austria

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Key Requirements PROMPT example:

Debt Settlement Agreement

"I need a Debt Settlement Agreement under Austrian law between ABC Manufacturing GmbH (creditor) and XYZ Trading GmbH (debtor) for an outstanding debt of 鈧250,000, to be settled through monthly installments of 鈧15,000 starting March 1, 2025, with specific default provisions if payments are missed."

Document background
The Debt Settlement Agreement is a crucial document used in Austrian business and financial practice when parties wish to formally resolve outstanding debt obligations through a mutually agreed settlement arrangement. This document is particularly relevant when the original debt terms need to be modified, often involving a reduction in the total amount owed or a restructured payment schedule. Under Austrian law, particularly the ABGB (Austrian Civil Code), such agreements must include specific elements to be legally enforceable, including clear identification of parties, precise debt amounts, and detailed settlement terms. The document becomes especially important in scenarios involving financial distress, debt restructuring, or when avoiding more costly legal proceedings. It can be used by both corporate entities and individuals, with additional protective measures applying under the Consumer Protection Act (KSchG) when individual consumers are involved.
Suggested Sections

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

2. Background: Description of the original debt, its origin, and current status

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. Settlement Terms: Details of the agreed settlement amount and any discount from the original debt

6. Payment Terms: Payment schedule, method of payment, and payment details

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

8. Release and Discharge: Terms of release from the original debt upon completion of settlement payments

9. Representations and Warranties: Basic declarations by both parties regarding their capacity and authority to enter into the agreement

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

11. Entire Agreement: Standard clause confirming this document represents the entire agreement between parties

12. Execution: Signature blocks and execution requirements

Optional Sections

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

2. Confidentiality: Include when parties wish to keep the settlement terms confidential

3. Tax Implications: Include when there are specific tax consequences that need to be addressed

4. Insolvency Provisions: Include when the debtor is at risk of insolvency or under insolvency proceedings

5. Third Party Rights: Include when other creditors or guarantors are affected by the settlement

6. Insurance Requirements: Include when insurance is required to secure the settlement payments

7. Reporting Requirements: Include when the debtor must provide regular financial reports

8. Early Payment Provisions: Include when early payment options or discounts are offered

Suggested Schedules

1. Schedule 1 - Debt Calculation: Detailed breakdown of the original debt, including principal, interest, and any fees

2. Schedule 2 - Payment Schedule: Detailed payment plan showing dates, amounts, and payment methods

3. Schedule 3 - Security Details: Details of any security or collateral provided (if applicable)

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

5. Appendix B - Powers of Attorney: Copies of any relevant powers of attorney or authorization documents

6. Appendix C - Corporate Resolutions: If parties are companies, relevant board resolutions approving the settlement

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

Relevant legal definitions

































Clauses






























Relevant Industries

Banking & Financial Services

Legal Services

Corporate Services

Debt Collection

Insolvency Services

Real Estate

Manufacturing

Retail

Construction

Healthcare

Professional Services

Relevant Teams

Legal

Finance

Treasury

Credit Control

Collections

Risk Management

Compliance

Corporate Secretariat

Accounts Receivable

Debt Recovery

Relevant Roles

Chief Financial Officer

Financial Controller

Credit Manager

Collections Manager

Legal Counsel

Corporate Lawyer

Debt Recovery Specialist

Insolvency Practitioner

Risk Manager

Treasury Manager

Accounts Receivable Manager

Corporate Secretary

Financial Analyst

Compliance 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, 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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