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Delayed Payment Agreement for Malta

Delayed Payment Agreement Template for Malta

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Delayed Payment Agreement

"I need a Delayed Payment Agreement for a 鈧75,000 debt owed by a construction company, to be paid in 12 monthly installments starting March 2025, with a property charge as security and an early payment discount option."

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Delayed Payment Agreement

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What is a Delayed Payment Agreement?

The Delayed Payment Agreement is a crucial document used in Maltese business practice when a debtor requires extended time to settle an outstanding payment obligation. This document type is particularly relevant in the current economic climate where businesses may face cash flow challenges while maintaining important commercial relationships. The agreement must comply with Maltese legislation, including the Civil Code (Chapter 16) and the Late Payment of Commercial Debts (Interest) Act, as well as EU Directive 2011/7/EU. It typically includes comprehensive details about the original debt, new payment schedule, interest calculations, and any security arrangements. The document serves both as a debt management tool and a legal safeguard, providing clarity and protection for all parties involved while maintaining the enforceability of the original obligation under Maltese law.

What sections should be included in a Delayed Payment Agreement?

1. Parties: Identification and details of the creditor and debtor, including registration numbers and registered addresses

2. Background: Context of the original debt, reference to original agreement/invoice, and circumstances leading to the delayed payment arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including Payment Schedule, Default Events, Business Day, etc.

4. Acknowledgment of Debt: Clear statement of the total amount owed, including any interest or charges accrued to date

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

6. Interest and Charges: Specification of interest rates, additional charges, and calculation methods in accordance with Maltese law

7. Default Provisions: Consequences of missing payments, acceleration clauses, and remedies available to the creditor

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

9. Notices: Methods and addresses for formal communications between parties

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

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

1. Security: Include when there is collateral or guarantees securing the debt

2. Early Payment Provisions: Include when there are discounts or incentives for early payment

3. Third-Party Guarantor: Include when a guarantor is providing additional security for the debt

4. Set-off Rights: Include when parties have ongoing business relationships with mutual payment obligations

5. Force Majeure: Include when parties want to address potential extraordinary circumstances affecting payment ability

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

7. Assignment: Include when either party may need to transfer rights or obligations under the agreement

What schedules should be included in a Delayed Payment Agreement?

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

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

3. Calculation of Interest: Detailed calculation of interest and charges applied to the debt

4. Security Documentation: If applicable, details and documentation of any security arrangements

5. Guarantor Documentation: If applicable, guarantor details and undertaking documents

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

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Finance Director

Credit Controller

Accounts Receivable Manager

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