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A Debt Assumption Agreement transfers responsibility for a debt from one party to another, like when a company takes over loan payments originally owed by another business. Under Nigerian contract law, this three-way agreement requires consent from the original debtor, the new debtor, and the creditor to be legally binding.

These agreements play a vital role in Nigerian corporate restructuring, mergers, and property transactions. They must comply with the Companies and Allied Matters Act (CAMA) and typically include key terms about payment schedules, interest rates, and default remedies. Banks and financial institutions often require additional security or guarantees before approving debt assumptions.

Use a Debt Assumption Agreement when transferring loan obligations during business acquisitions, corporate restructuring, or property sales in Nigeria. For example, when buying a company with existing bank loans, this agreement lets you take over those debts cleanly and legally, protecting all parties involved.

The agreement becomes essential during mergers or when parent companies absorb subsidiary debts. Nigerian banks require these formal agreements to update their records and maintain proper collateral arrangements. They're particularly valuable in real estate deals where buyers take over existing mortgages, or in family business transitions where new owners assume company obligations.

• Simple Assumption: Straightforward transfer of debt between two Nigerian companies, typically used for standard corporate loans or business acquisitions
• Novation-Style: Complete replacement of the original debtor, commonly used in mergers where the new entity fully assumes all obligations
• Conditional Assumption: Links debt transfer to specific business milestones or regulatory approvals under Nigerian law
• Partial Assumption: Divides debt responsibility between original and new debtors, popular in joint venture arrangements
• Secured Assumption: Includes additional collateral requirements and security arrangements, typically required by Nigerian banks

• Original Debtors: Companies or individuals transferring their debt obligations, often during business sales or restructuring
• New Debtors: Entities taking on the debt responsibility, typically acquiring companies or parent corporations
• Creditors: Nigerian banks, financial institutions, or lenders who must approve and execute the debt transfer
• Corporate Lawyers: Draft and review agreements to ensure compliance with Nigerian banking and corporate laws
• Company Directors: Authorize and sign agreements on behalf of their organizations
• Financial Advisors: Guide parties through financial implications and structure of the debt transfer

• Debt Details: Gather complete loan documentation, including current balance, interest rates, and payment terms
• Party Information: Collect legal names, registration numbers, and authorized signatories of all involved entities
• Creditor Approval: Obtain written consent from the lending institution for the debt transfer
• Financial Status: Review new debtor's financial capacity and any existing obligations
• Security Details: Document collateral arrangements and guarantees required by Nigerian banks
• Regulatory Compliance: Check relevant CAMA requirements and banking regulations
• Documentation: Use our platform to generate a legally-sound agreement that includes all required elements

• Parties Section: Full legal names and details of original debtor, new debtor, and creditor
• Debt Description: Precise details of the debt being transferred, including amount, interest rates, and payment terms
• Transfer Terms: Clear statement of debt assumption and release of original debtor
• Creditor Consent: Explicit approval from the lending institution for the transfer
• Security Provisions: Details of collateral or guarantees required under Nigerian banking regulations
• Default Remedies: Consequences and procedures for payment defaults
• Governing Law: Specification of Nigerian law and jurisdiction
• Execution Block: Signature sections for all three parties with proper attestation

A Debt Assumption Agreement differs significantly from a Debt Settlement Agreement in both purpose and effect under Nigerian law. While both deal with debt obligations, they serve distinct functions in financial transactions.

• Purpose: Debt Assumption transfers existing debt obligations to a new party, keeping the original terms intact. Debt Settlement reduces or resolves debt through negotiated payment terms or partial payment
• Parties Involved: Assumption requires three parties (original debtor, new debtor, creditor), while Settlement typically involves just the debtor and creditor
• Debt Status: Assumption maintains the full debt amount with a new responsible party. Settlement often results in reduced debt or modified payment terms
• Legal Effect: Assumption creates new obligations for the assuming party, while Settlement terminates or modifies existing debt obligations
• Timing: Assumption occurs during business transitions or restructuring, while Settlement typically happens when dealing with troubled debts