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A Deferral Agreement lets you postpone payment obligations or contractual duties to a later date under German civil law. These agreements often come into play when companies face temporary financial challenges but want to maintain their business relationships and avoid default.

Under German regulations, particularly §§ 158, 163 BGB (Civil Code), these agreements must clearly specify the new payment terms, conditions for deferral, and any interest charges. Banks and financial institutions commonly use them for loan restructuring, while businesses apply them to manage supplier payments or commercial lease obligations during difficult periods.

Consider using a Deferral Agreement when your business needs breathing room for financial obligations but wants to maintain good relationships with creditors. This tool proves especially valuable during temporary cash flow challenges, seasonal revenue fluctuations, or while waiting for major incoming payments.

German law makes these agreements particularly useful for managing loan payments, commercial rent obligations, or supplier invoices. The key timing is before any payment default occurs - arranging a formal deferral under §§ 158, 163 BGB protects your legal position and credit standing while giving you structured time to meet your commitments.

• Payment Deferral: Extends due dates for financial obligations, common in loan restructuring and supplier payments
• Performance Deferral: Postpones contractual duties or delivery deadlines, often used in construction and service contracts
• Tax Deferral: Arranges delayed tax payments with German tax authorities, requiring specific compliance with local tax regulations
• Rent Deferral: Structures postponed rent payments for commercial leases under German tenancy law
• Employee Compensation Deferral: Delays salary components or bonuses, strictly following German labor law requirements

• Businesses and Companies: Primary users of Deferral Agreements when managing cash flow or restructuring payment obligations
• Banks and Financial Institutions: Draft agreements for loan payment modifications and work with corporate clients on debt restructuring
• Legal Counsel: Prepare and review agreements to ensure compliance with German civil law and protect client interests
• Commercial Landlords: Use them to formalize rent payment postponements with tenants during financial hardship
• Tax Advisors: Help structure agreements for tax payment deferrals with German financial authorities

• Original Agreement Details: Gather the existing contract terms, payment schedules, and obligations being deferred
• Financial Documentation: Collect proof of temporary hardship or business rationale for the deferral request
• New Terms: Define specific postponement periods, revised payment dates, and any interest calculations
• Party Information: Compile accurate legal names, registration numbers, and authorized signatories
• Compliance Check: Review BGB requirements for valid deferrals in your specific situation
• Documentation: Use our platform to generate a legally-sound agreement that includes all mandatory elements

• Original Agreement Reference: Clear identification of the contract being modified and parties involved
• Deferral Terms: Precise new payment dates, amounts, and any interest calculations per BGB requirements
• Performance Conditions: Specific obligations and consequences if new terms aren't met
• Legal Basis: Reference to relevant German civil code sections (§§ 158, 163 BGB)
• Representations: Confirmation of continued validity of original agreement terms
• Signatures: Full legal names and authorized signatory details for all parties
• Governing Law: Explicit statement of German law application and jurisdiction

A Deferral Agreement often gets confused with an Amendment Agreement, but they serve distinct purposes under German law. While both modify existing contracts, their scope and application differ significantly.

• Timing Effect: Deferral Agreements only postpone existing obligations without changing their substance, while Amendment Agreements permanently alter contract terms
• Legal Scope: Deferrals focus specifically on payment or performance schedules under §§ 158, 163 BGB, whereas Amendments can modify any contractual terms
• Duration Impact: Deferrals are typically temporary arrangements with clear end dates, while Amendments create permanent changes
• Enforcement: Deferral Agreements maintain the original contract's enforcement mechanisms, just with new dates. Amendment Agreements can introduce entirely new enforcement provisions
• Documentation: Deferrals require simpler documentation focusing on new deadlines, while Amendments often need comprehensive revisions of multiple contract sections