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Forbearance Agreement
I need a forbearance agreement to temporarily suspend loan payments for a period of 6 months due to financial hardship, with interest continuing to accrue during this period and a clear plan for resuming payments at the end of the forbearance term.
What is a Forbearance Agreement?
A Forbearance Agreement lets a lender temporarily pause debt collection while giving the borrower extra time to catch up on payments. In India, these agreements commonly help businesses and individuals manage their loan obligations during financial hardships, especially under the RBI's debt restructuring guidelines.
When both parties sign a Forbearance Agreement, the lender promises not to exercise their legal rights to foreclose or take collection action for a specific period. In return, the borrower typically commits to a revised payment schedule, provides additional security, or agrees to stricter monitoring terms. This arrangement helps avoid default while protecting both parties' interests under Indian contract law.
When should you use a Forbearance Agreement?
Consider a Forbearance Agreement when your business faces temporary cash flow problems but remains fundamentally viable. This agreement proves especially valuable during economic downturns, natural disasters, or seasonal business fluctuations that affect your ability to meet loan payments under existing terms.
It's particularly useful when dealing with Indian banks under RBI's stressed asset framework. The agreement helps avoid classification as a Non-Performing Asset (NPA) while you restructure operations or secure additional funding. Moving quickly matters - approaching lenders early with a clear recovery plan increases your chances of negotiating favorable forbearance terms and maintaining your credit standing.
What are the different types of Forbearance Agreement?
- Loan Deferment Agreement: Focuses specifically on postponing loan payments for a set period, common in retail and business banking. Most Forbearance Agreements in India fall into this category.
- Payment Plan Forbearance: Establishes a modified payment schedule without changing the loan's core terms, often used for corporate debt restructuring.
- Interest-Only Forbearance: Temporarily reduces payments to interest-only, popular with commercial property loans and infrastructure project financing.
- Conditional Forbearance: Links payment relief to specific borrower actions or milestones, common in large corporate restructuring deals.
Who should typically use a Forbearance Agreement?
- Banks and Financial Institutions: Act as lenders offering forbearance on loans, typically following RBI guidelines for debt restructuring and NPA management
- Corporate Borrowers: Business entities seeking temporary relief from loan obligations during financial stress or market downturns
- Legal Counsel: Draft and review agreements to ensure compliance with Indian banking regulations and protect both parties' interests
- Corporate Directors: Authorize and execute agreements on behalf of borrowing companies, often requiring board approval
- Credit Officers: Evaluate forbearance requests and monitor compliance with modified payment terms
How do you write a Forbearance Agreement?
- Loan Details: Gather original loan agreement, current balance, payment history, and default status
- Financial Assessment: Prepare current financial statements and cash flow projections showing ability to meet revised terms
- Forbearance Terms: Define specific relief period, modified payment schedule, and any additional security requirements
- Documentation: Use our platform to generate a legally-compliant Forbearance Agreement that meets RBI guidelines
- Authorizations: Obtain necessary board resolutions and confirm signing authority for all parties
- Compliance Check: Verify alignment with Indian banking regulations and stamp duty requirements
What should be included in a Forbearance Agreement?
- Identification Details: Full names, addresses, and legal status of all parties, including loan account numbers
- Original Agreement Reference: Details of the underlying loan agreement and current default status
- Forbearance Terms: Clear specification of relief period, modified payment schedule, and conditions
- Consideration Clause: Statement of mutual benefits and obligations under Indian Contract Act
- Default Remedies: Consequences of breaching the forbearance terms
- Governing Law: Explicit reference to Indian law and jurisdiction
- Execution Requirements: Proper stamp duty compliance and authorized signatory details
What's the difference between a Forbearance Agreement and an Amendment Agreement?
A Forbearance Agreement differs significantly from an Amendment Agreement, though both modify existing loan terms. While both documents change the original agreement's conditions, they serve distinct purposes under Indian banking regulations.
- Duration and Nature: Forbearance Agreements provide temporary relief during financial hardship, while Amendment Agreements permanently modify the original loan terms
- Legal Effect: Forbearance temporarily suspends the lender's enforcement rights without altering the underlying debt obligation; Amendment Agreements create permanent changes to the original contract
- RBI Compliance: Forbearance Agreements must follow specific RBI guidelines for stressed asset management, while Amendment Agreements have more flexible structuring options
- Documentation Requirements: Forbearance typically requires additional financial statements and recovery plans; Amendment Agreements focus more on the new terms being established
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