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Release Of Debt Agreement for the United Kingdom

Release Of Debt Agreement Template for England and Wales

A Release of Debt Agreement is a legally binding document under English and Welsh law that formally discharges a debtor from their obligation to repay a debt. This agreement provides legal certainty for both parties, documenting the creditor's voluntary relinquishment of their right to collect the debt and protecting the debtor from future claims relating to the same debt. It includes specific details about the original debt, the terms of release, and any conditions that may apply.

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What is a Release Of Debt Agreement?

A Release of Debt Agreement is commonly used when a creditor agrees to forgive all or part of a debt, whether for commercial reasons, as part of a settlement, or in connection with financial restructuring. This document, governed by English and Welsh law, provides crucial protection for both parties by clearly documenting the terms of the release and preventing future claims related to the released debt. It typically includes details of the original debt, the extent of the release, any conditions attached to the release, and provisions for tax implications. The agreement is particularly important in establishing clear evidence of the debt's discharge and ensuring compliance with relevant legislation.

What sections should be included in a Release Of Debt Agreement?

1. Parties: Identifies and defines the creditor and debtor

2. Background: Details of the original debt and circumstances leading to release

3. Definitions: Key terms used throughout the agreement

4. Release: Core terms of debt release and discharge

5. Consideration: Details of any consideration given for the release

6. Representations and Warranties: Statements of fact by both parties

7. Execution: Signing provisions and attestation

What sections are optional to include in a Release Of Debt Agreement?

1. Partial Release Provisions: Used when only part of the debt is being released - applicable when releasing only a portion of the total debt

2. Conditions Precedent: Conditions that must be met before release becomes effective - used when release is contingent on certain events

3. Confidentiality: Provisions regarding confidentiality of the agreement - used when parties wish to keep terms private

4. Tax Provisions: Handling of tax implications - used when release has significant tax consequences

What schedules should be included in a Release Of Debt Agreement?

1. Details of Original Debt: Schedule listing all debt instruments being released

2. Payment Schedule: If partial payment is part of consideration

3. Security Documents: List of security documents being discharged

4. Corporate Authorizations: Required when either party is a corporate entity

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

England and Wales

Publisher

Ƶ

Document Type

Release Agreement

Cost

Free to use
Relevant legal definitions























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Industries

Law of Property Act 1925: Key legislation for any secured debts involving property. Must be considered when the debt being released has any connection to real property or property rights.

Limitation Act 1980: Establishes statutory time limits for debt recovery actions. Critical for determining if the debt is still legally enforceable before executing a release.

Consumer Credit Act 1974: Regulates consumer credit agreements and provides consumer protections. Must be considered if the debt involves any form of consumer credit.

Contracts (Rights of Third Parties) Act 1999: Governs how third party rights are affected by contractual arrangements. Relevant when the debt release might impact parties not directly involved in the agreement.

Doctrine of Consideration: Common law principle requiring valid consideration for the release, or execution as a deed if no consideration is present.

Law of Privity of Contract: Common law principle determining who has the legal right to release the debt and who is bound by the release.

Insolvency Act 1986: Relevant when the release of debt is connected to insolvency proceedings or could affect the rights of creditors in an insolvency situation.

Companies Act 2006: Governs corporate matters including authority to execute releases when either party is a company.

Income Tax Act 2007: Determines potential tax implications for individuals when debt is released or written off.

Corporation Tax Act 2010: Governs the tax treatment of debt release for corporate entities, including potential tax liabilities or reliefs.

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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