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Forbearance Agreement
"I need a forbearance agreement for a borrower with a 6-month payment deferral on a $200,000 loan, including interest-only payments during the deferral period and a revised repayment schedule."
What is a Forbearance Agreement?
A Forbearance Agreement offers temporary relief when a borrower can't meet their loan obligations in Saudi Arabia. It's a formal arrangement where the lender agrees to pause or modify payment terms instead of pursuing immediate legal action, giving the borrower time to recover financially.
Under Saudi banking regulations and Shariah principles, these agreements help both parties avoid default while maintaining compliance with Islamic finance rules. The lender typically sets specific conditions, such as partial payments or a clear timeline for resuming full payments. This approach aligns with the Kingdom's emphasis on finding mutually beneficial solutions in financial difficulties.
When should you use a Forbearance Agreement?
Consider a Forbearance Agreement when your business faces temporary financial challenges that make it difficult to meet loan payments. This agreement becomes crucial during economic downturns, unexpected market changes, or when your cash flow faces short-term disruption but recovery seems likely within a defined timeframe.
In Saudi Arabia's banking sector, these agreements prove particularly valuable when dealing with Shariah-compliant financing arrangements. They help preserve business relationships during hardship periods, especially when your company needs time to implement a turnaround strategy or await pending payments from major projects. Acting early, before missing payments, gives you the strongest negotiating position.
What are the different types of Forbearance Agreement?
- Temporary Payment Suspension: Forbearance Agreements commonly allow complete pause of payments for 3-6 months, ideal during severe cash flow issues
- Payment Reduction Plan: Reduces monthly payments temporarily while extending the loan term, common in Shariah-compliant restructuring
- Interest-Only Arrangements: Permits temporary payment of profit rates only, maintaining Shariah compliance while deferring principal
- Staged Recovery Plans: Gradually increases payment amounts over time as business conditions improve
- Project-Linked Forbearance: Links payment resumption to specific project milestones or contract payments in construction sectors
Who should typically use a Forbearance Agreement?
- Islamic Banks: Draft and enforce Forbearance Agreements, ensuring compliance with both Shariah law and Saudi banking regulations
- Corporate Borrowers: Request and negotiate terms when facing temporary financial difficulties, often through their finance departments
- Legal Counsel: Review and modify agreement terms to protect both parties' interests under Saudi commercial law
- Company Directors: Authorize and sign agreements on behalf of struggling businesses
- Financial Advisors: Guide clients through forbearance options and help structure viable payment plans
- SAMA Representatives: May review significant agreements to ensure compliance with banking sector guidelines
How do you write a Forbearance Agreement?
- Loan Details: Gather original loan agreement, current balance, payment history, and default status
- Financial Assessment: Document current financial situation, cash flow projections, and realistic repayment capacity
- Shariah Compliance: Ensure proposed terms align with Islamic banking principles and SAMA guidelines
- Payment Plan: Draft specific timelines, modified payment amounts, and conditions for resuming regular payments
- Default Triggers: Define clear circumstances that would terminate the forbearance period
- Automation Benefits: Use our platform to generate a comprehensive agreement that includes all required elements under Saudi law
What should be included in a Forbearance Agreement?
- Parties Information: Full legal names, addresses, and authorized signatories of both lender and borrower
- Original Loan Details: Reference to initial agreement, outstanding amounts, and current terms
- Modified Terms: Clear specification of new payment schedule, amounts, and duration
- Shariah Compliance: Explicit confirmation of alignment with Islamic finance principles
- Default Provisions: Consequences of breaching the new arrangement
- Governing Law: Reference to Saudi Arabian law and SAMA regulations
- Dispute Resolution: Specified mechanism for handling conflicts under local jurisdiction
- Signature Requirements: Space for authorized signatures and official company seals
What's the difference between a Forbearance Agreement and an Amendment Agreement?
A Forbearance Agreement differs significantly from an Amendment Agreement in both purpose and application within Saudi Arabia's legal framework. While both documents modify existing arrangements, they serve distinct functions in Islamic finance and commercial relationships.
- Temporary vs. Permanent: Forbearance Agreements provide temporary relief during financial hardship, while Amendment Agreements permanently modify original contract terms
- Trigger Events: Forbearance responds to financial distress or unforeseen circumstances, whereas Amendments typically result from mutual business decisions
- Legal Effect: Forbearance suspends enforcement rights without changing the underlying agreement; Amendments permanently alter the original contract terms
- Duration: Forbearance has a specific end date with conditions for returning to original terms; Amendments continue indefinitely
- Shariah Considerations: Forbearance focuses on avoiding undue hardship (usr), while Amendments must ensure continued Shariah compliance in the modified terms
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