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Deferral Agreement Template for Denmark

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Key Requirements PROMPT example:

Deferral Agreement

I need a deferral agreement to postpone the payment of an outstanding debt for six months, with no interest accruing during the deferral period. The agreement should include a revised payment schedule starting after the deferral period and ensure that the original terms of the debt remain unchanged.

What is a Deferral Agreement?

A Deferral Agreement lets you postpone certain financial obligations or payments to a future date. In Danish business practice, these agreements often help companies manage their cash flow by restructuring payment schedules with creditors, suppliers, or tax authorities. The Danish Business Authority (Erhvervsstyrelsen) recognizes these arrangements as valid tools for financial planning.

Common uses include deferring bonus payments, restructuring debt payments, or delaying tax obligations under specific conditions. Danish law requires these agreements to clearly state the new payment terms, interest rates (if applicable), and exact deferral period. Most importantly, both parties must sign the agreement before the original payment deadline for it to be legally binding.

When should you use a Deferral Agreement?

Consider a Deferral Agreement when your business needs breathing room on payment obligations while maintaining good relationships with creditors. This tool proves especially valuable during temporary cash flow challenges, company restructuring, or when awaiting significant incoming payments from clients. Danish companies often use these agreements to manage tax payments, supplier obligations, or employee bonuses.

The timing matters - arrange the deferral before any payment defaults occur. Danish law offers strong protection for properly documented deferrals, but only if they're established proactively. Key moments include seasonal business fluctuations, major equipment purchases, or when consolidating multiple payment obligations into a more manageable schedule.

What are the different types of Deferral Agreement?

  • Payment Deferral: Most common type used for postponing financial obligations to suppliers or creditors, typically including specific repayment schedules and interest terms
  • Tax Deferral: Specifically for arrangements with Danish tax authorities (SKAT), requiring detailed documentation of financial hardship
  • Employee Compensation Deferral: Used for delaying bonus payments or other employee benefits, must comply with Danish labor laws
  • Investment-Related Deferral: Common in Danish corporate transactions, allowing staged payment of investment commitments
  • Contractual Obligation Deferral: For postponing non-financial contractual duties, requiring clear milestones and new completion dates

Who should typically use a Deferral Agreement?

  • Business Owners: Typically initiate Deferral Agreements when needing to manage cash flow or restructure payment obligations
  • Financial Directors: Lead negotiations and structure the terms, ensuring alignment with company financial strategy
  • Legal Counsel: Draft and review agreements to ensure compliance with Danish law and protect company interests
  • Creditors: Banks, suppliers, or other entities agreeing to modified payment terms
  • Tax Authorities (SKAT): Participate when tax payment deferrals are requested, setting specific compliance requirements
  • Board Members: Must approve significant deferrals as part of their corporate governance duties

How do you write a Deferral Agreement?

  • Payment Details: Document original payment terms, proposed deferral period, and any interest calculations
  • Financial Documentation: Gather proof of financial situation, cash flow projections, and ability to meet new payment schedule
  • Party Information: Collect legal names, registration numbers, and authorized signatories for all involved parties
  • Current Obligations: List all existing agreements or contracts affected by the deferral
  • Payment Plan: Create detailed schedule showing new payment dates and amounts
  • Legal Requirements: Use our platform to generate a compliant agreement that meets Danish legal standards
  • Internal Approval: Secure necessary management or board approvals before finalizing

What should be included in a Deferral Agreement?

  • Party Details: Full legal names, CVR numbers, and authorized representatives of all involved parties
  • Original Obligation: Clear description of the debt or obligation being deferred, including original due dates
  • New Terms: Specific new payment dates, amounts, and any interest calculations under Danish law
  • Default Provisions: Consequences of missing new payment deadlines
  • Governing Law: Express statement that Danish law applies
  • Force Majeure: Standard Danish force majeure provisions
  • Signatures: Dated signatures from authorized representatives with proper capacity
  • Amendment Terms: How changes to the agreement must be handled

What's the difference between a Deferral Agreement and a Bond Issuance Agreement?

A Deferral Agreement differs significantly from a Bond Issuance Agreement in both purpose and structure, though both deal with financial obligations. While a Deferral Agreement modifies existing payment terms, a Bond Issuance Agreement creates new debt obligations from scratch.

  • Timing and Purpose: Deferral Agreements modify existing obligations after they're established, while Bond Issuance Agreements set up new financial instruments from the start
  • Legal Framework: Deferral Agreements operate under Danish contract modification laws, whereas Bond Issuances fall under securities regulations
  • Parties Involved: Deferrals typically involve two parties (creditor and debtor), while Bond Issuances often include multiple investors, trustees, and regulatory oversight
  • Duration: Deferrals usually cover short-term modifications, but Bond Issuances create long-term financial commitments with structured payment schedules

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