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GUIDELINE

Guidelines for Drafting Deed of Composition to Pay Seventy-Five Percent in Instalments to a Trustee on Behalf of Creditors

This deed is employed when a debtor wishes to settle outstanding debts by offering a composition payment of seventy-five percent in installments to a trustee acting on behalf of creditors. Follow these guidelines for effective drafting:

Clear Terms: Clearly outline the terms of the composition, specifying the total amount, the installment schedule, and any conditions for early repayment.

Trustee's Role: Define the trustee's role in managing and distributing the composition payment to creditors. Specify the trustee's responsibilities and authority.

Legal Compliance: Ensure the deed adheres to relevant laws and regulations governing compositions and agreements. Seek legal advice to confirm compliance.

Repayment Schedule: Provide a detailed repayment schedule, including due dates, amounts, and methods of payment. Clarify any consequences for missed or late payments.

Common Mistakes to Avoid:

Unclear Terms: Ambiguity can lead to disputes. Clearly define all terms and conditions associated with the composition to avoid misunderstandings.

Neglecting Legal Review: Engage legal professionals to review the deed. Failure to comply with legal requirements may result in legal complications.

Incomplete Information: Include all relevant details about the composition, the debtor, and the trustee. Incomplete information may lead to misunderstandings or disputes.

Lack of Communication: Ensure effective communication with creditors about the composition terms and the involvement of a trustee. Lack of communication can lead to resistance and complications.

This deed is crucial for debtors seeking to reach a composition agreement with creditors. Adherence to these guidelines ensures a well-drafted document, minimizing the risk of disputes and promoting a transparent resolution process.

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