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Partial Payment Agreement Template for Malaysia

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Key Requirements PROMPT example:

Partial Payment Agreement

"I need a Partial Payment Agreement for a construction company that owes my business RM 250,000, to be paid in monthly installments over 18 months starting January 2025, with a 5% interest rate and acceleration clause if two payments are missed."

Document background
The Partial Payment Agreement is a crucial document used in Malaysian business and commercial transactions when a debtor requires modified payment terms for an existing debt obligation. This document becomes relevant when the original payment terms need restructuring due to financial constraints, business circumstances, or mutual agreement between parties. It helps prevent default scenarios by providing a manageable payment solution while protecting both parties' interests under Malaysian law. The agreement typically includes comprehensive details about the original debt, new payment schedule, interest implications, and enforcement mechanisms. It's particularly important in the current economic climate where businesses and individuals may need flexibility in meeting their financial obligations. The document must comply with Malaysian contract law principles and may require proper stamping under the Stamp Act 1949 to be admissible in Malaysian courts.
Suggested Sections

1. Parties: Identifies and provides full details of the creditor and debtor, including registration/identification numbers and addresses

2. Background: Recitals explaining the original debt, circumstances leading to the partial payment arrangement, and acknowledgment of the outstanding amount

3. Definitions: Defines key terms used throughout the agreement including 'Original Debt', 'Outstanding Amount', 'Payment Schedule', etc.

4. Acknowledgment of Debt: Formal acknowledgment of the original debt amount and current outstanding balance

5. Payment Terms: Details of the agreed payment arrangement including installment amounts, payment dates, and payment methods

6. Interest and Fees: Specification of any interest rates or administrative fees applicable to the payment plan

7. Default Provisions: Consequences of missing payments or breaching the agreement, including acceleration clauses

8. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority to enter into the agreement

9. Notices: Methods and addresses for formal communications between parties

10. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and sets jurisdiction for dispute resolution

Optional Sections

1. Security: Include when the partial payment is secured by collateral or assets

2. Guarantee: Include when a third party is guaranteeing the payments

3. Insurance: Include when insurance is required to secure the payment obligations

4. Early Payment Provisions: Include when there are specific terms for early repayment or settlement discounts

5. Force Majeure: Include when parties want to address circumstances that might prevent payment execution

6. Confidentiality: Include when parties wish to keep the payment arrangement private

7. Assignment: Include when either party needs the right to assign the agreement to another party

Suggested Schedules

1. Schedule 1 - Payment Schedule: Detailed breakdown of payment dates, installment amounts, and running balance

2. Schedule 2 - Original Debt Documentation: Copies or details of the original debt agreement or invoices

3. Schedule 3 - Security Details: If applicable, details of any security or collateral provided

4. Schedule 4 - Calculation of Interest: If applicable, detailed breakdown of interest calculations and fees

5. Appendix A - Payment Methods: Detailed information about accepted payment methods and banking details

Authors

Alex Denne

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

Relevant legal definitions



























Clauses





















Relevant Industries

Financial Services

Banking

Retail

Construction

Manufacturing

Real Estate

Professional Services

Healthcare

Education

Telecommunications

Wholesale Trade

Small and Medium Enterprises

Relevant Teams

Legal

Finance

Accounts Receivable

Treasury

Credit Control

Risk Management

Collections

Corporate Secretariat

Compliance

Operations

Relevant Roles

Finance Manager

Credit Controller

Accounts Receivable Manager

Legal Counsel

Collections Manager

Treasury Manager

Corporate Secretary

Risk Manager

Financial Controller

Credit Analysis Officer

Debt Recovery Officer

Contract Administrator

Chief Financial Officer

Accounts Manager

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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