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Discounted Payoff Agreement for Philippines

Discounted Payoff Agreement Template for Philippines

A legal agreement governed by Philippine law that facilitates the settlement of an outstanding debt for less than the full amount owed. The document establishes the terms under which a creditor agrees to accept a reduced sum in full and final settlement of the debt, including the settlement amount, payment terms, and release provisions. It incorporates necessary provisions to comply with Philippine banking regulations, consumer protection laws, and civil code requirements, while ensuring the agreement is legally binding and enforceable under Philippine jurisdiction.

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What is a Discounted Payoff Agreement?

The Discounted Payoff Agreement is a crucial document used in debt settlement scenarios under Philippine law when a creditor agrees to accept less than the full amount owed as complete satisfaction of a debt. This document is particularly relevant during financial restructuring, debt workout situations, or when debtors face financial hardship but have the means to make a significant one-time payment. The agreement must comply with the Civil Code of the Philippines, banking regulations set by Bangko Sentral ng Pilipinas, and relevant consumer protection laws. It typically includes detailed information about the original debt, the discounted amount, payment terms, and comprehensive release provisions. This type of agreement is commonly used by financial institutions, corporations, and individuals seeking to resolve outstanding debts efficiently while maintaining legal compliance with Philippine regulatory requirements.

What sections should be included in a Discounted Payoff Agreement?

1. Parties: Identifies the creditor and debtor, including their complete legal names, addresses, and registration details if applicable

2. Background: Outlines the original loan/debt agreement details, current outstanding amount, and the parties' intention to settle at a discount

3. Definitions: Defines key terms used throughout the agreement including 'Discounted Amount', 'Settlement Date', 'Original Debt', etc.

4. Settlement Terms: Specifies the discounted payoff amount, payment deadline, and method of payment

5. Release and Discharge: Details the creditor's agreement to release the debtor from further obligations upon payment of the discounted amount

6. Representations and Warranties: Statements by both parties confirming their authority to enter into the agreement and the validity of the debt

7. Confidentiality: Provisions regarding the confidential nature of the settlement terms

8. Governing Law: Specifies Philippine law as governing law and jurisdiction for disputes

9. Execution: Formal execution block meeting Philippine notarial requirements

What sections are optional to include in a Discounted Payoff Agreement?

1. Security Release: Required if the original debt had any security arrangements that need to be terminated

2. Tax Provisions: Include when there are specific tax implications of the debt forgiveness that need to be addressed

3. Additional Parties: Include when guarantors or other third parties are involved in the original debt

4. Installment Terms: Include if the discounted amount is to be paid in installments rather than as a lump sum

5. Default Provisions: Include when the agreement allows for reinstatement of the original debt upon default

6. Conditions Precedent: Include when certain conditions must be met before the agreement becomes effective

What schedules should be included in a Discounted Payoff Agreement?

1. Schedule 1 - Original Debt Details: Details of the original loan/debt agreement including date, amount, and current balance

2. Schedule 2 - Settlement Calculation: Detailed calculation showing original amount, discount, and final settlement amount

3. Schedule 3 - Payment Instructions: Bank account details and payment procedures

4. Appendix A - Original Loan Agreement: Copy of the original loan agreement being settled

5. Appendix B - Security Documents: Copies of any security documents to be released (if applicable)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions










Clauses






























Relevant Industries

Banking

Financial Services

Real Estate

Construction

Manufacturing

Retail

Healthcare

Agriculture

Technology

Telecommunications

Relevant Teams

Legal

Finance

Credit Control

Collections

Risk Management

Treasury

Compliance

Corporate Secretariat

Account Management

Debt Recovery

Relevant Roles

Chief Financial Officer

Finance Director

Credit Manager

Collections Manager

Legal Counsel

Debt Recovery Specialist

Risk Manager

Treasury Manager

Account Manager

Restructuring Officer

Corporate Secretary

Compliance Officer

Financial Controller

Banking Officer

Credit Analyst

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

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