Accounts Receivable Assignment Agreement Template for Austria

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Key Requirements PROMPT example:

Accounts Receivable Assignment Agreement

"I need an Accounts Receivable Assignment Agreement under Austrian law for my manufacturing company to assign €2.5M worth of receivables to ABC Bank AG, with the assignment to be effective from March 1, 2025, and including specific provisions for debtor notification and GDPR compliance."

Document background
An Accounts Receivable Assignment Agreement is a crucial document used when a company wishes to transfer its rights to receive payment from its debtors to another party, often for financing purposes or to improve cash flow. Under Austrian law, this agreement must comply with specific requirements set forth in the Austrian Civil Code (ABGB) and the Austrian Commercial Code (UGB). The document is commonly used in factoring arrangements, security packages for financing transactions, or as part of corporate restructuring. It details the scope of receivables being transferred, purchase price, collection mechanisms, and necessary notifications to debtors. The agreement must address specific Austrian legal requirements regarding the validity of assignments, including form requirements and perfection steps. It typically includes provisions for both present and future receivables, compliance with banking regulations if applicable, and data protection requirements under GDPR.
Suggested Sections

1. Parties: Identification of the Assignor and Assignee, including full legal names, registration details, and addresses

2. Background: Context of the assignment, relationship between parties, and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement, including 'Receivables', 'Debtors', 'Assignment Date', etc.

4. Assignment: Core provision detailing the transfer of receivables from Assignor to Assignee, including the scope and effective date of the assignment

5. Purchase Price and Payment: Details of consideration for the assignment, payment terms, and payment mechanism

6. Representations and Warranties: Assignor's warranties regarding ownership, validity, and status of the receivables

7. Notification and Perfection: Requirements and process for notifying debtors and perfecting the assignment under Austrian law

8. Rights and Obligations: Ongoing rights and obligations of both parties post-assignment

9. Collections and Payments: Process for collecting and handling payments from debtors after assignment

10. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

11. Execution: Signature blocks and execution requirements

Optional Sections

1. Security Provisions: Required when the assignment is for security purposes (Sicherungszession) rather than an outright assignment

2. Data Protection: Detailed GDPR compliance provisions when personal data is involved

3. Cross-Border Provisions: Required when the assignment involves receivables or parties from multiple jurisdictions

4. True Sale Provisions: Required when the assignment needs to qualify as a true sale for accounting or regulatory purposes

5. Recourse Provisions: Optional provisions specifying whether the assignment is with or without recourse to the Assignor

6. Further Assurance: Additional cooperation obligations for future actions, used in complex assignments

7. Costs and Taxes: Allocation of transaction costs and tax obligations when significant amounts are involved

Suggested Schedules

1. Schedule of Receivables: Detailed list of assigned receivables including debtor information, amounts, and due dates

2. Form of Notice to Debtors: Template for notifying debtors of the assignment as required under Austrian law

3. Powers of Attorney: Forms of powers of attorney for collection and enforcement rights

4. Excluded Receivables: List of specifically excluded receivables from the assignment

5. Collection Procedures: Detailed procedures for collecting and processing payments

6. Debtor Details: Confidential schedule containing full debtor information and contact details

7. Pricing Mechanism: Detailed calculation methodology for the purchase price if complex pricing is involved

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Banking and Financial Services

Manufacturing

Wholesale and Distribution

Professional Services

Technology

Healthcare

Construction

Retail

Energy and Utilities

Telecommunications

Logistics and Transportation

Real Estate

Relevant Teams

Legal

Finance

Treasury

Credit Control

Accounts Receivable

Risk Management

Commercial

Corporate Finance

Collections

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Controller

Accounts Receivable Manager

Legal Counsel

Corporate Lawyer

Finance Manager

Risk Manager

Commercial Director

Business Development Manager

Financial Controller

Credit Risk Analyst

Collections Manager

Transaction 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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