Forward Flow Agreement for Austria

Forward Flow Agreement Template for Austria

A Forward Flow Agreement under Austrian law is a specialized contract that establishes a framework for the recurring sale and purchase of receivables or debt portfolios. The agreement, governed by Austrian civil law and financial regulations, sets out the terms under which the seller will periodically transfer eligible receivables to the purchaser over a specified period. It includes detailed provisions for pricing mechanisms, eligibility criteria, transfer processes, and compliance with Austrian and EU regulations, particularly regarding data protection and consumer rights. The document incorporates specific Austrian legal requirements for the valid transfer of receivables while maintaining operational efficiency for ongoing transactions.

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What is a Forward Flow Agreement?

A Forward Flow Agreement is essential in situations where a business wishes to establish a long-term arrangement for the regular sale of receivables or debt portfolios. Commonly used in Austria by financial institutions, telecommunications companies, and utilities providers, this agreement type provides a structured framework for ongoing debt sales while ensuring compliance with Austrian civil law, banking regulations, and EU requirements such as GDPR. The document typically includes specific provisions for eligibility criteria, pricing mechanisms, transfer procedures, and servicing arrangements. It's particularly relevant in the Austrian market where debt sales must comply with strict regulatory requirements and consumer protection laws. The Forward Flow Agreement streamlines the process of multiple portfolio sales by establishing standardized terms and procedures up front, reducing the need for repeated negotiations for each sale.

What sections should be included in a Forward Flow Agreement?

1. Parties: Identification of the seller and buyer, including full legal names and registration details

2. Background: Context of the agreement and brief description of the forward flow arrangement

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Sale and Purchase Structure: Framework for the recurring sales of receivables, including frequency and commitment levels

5. Eligibility Criteria: Criteria that receivables must meet to be eligible for sale

6. Purchase Price and Payment: Pricing mechanism, calculation methods, and payment terms

7. Transfer Mechanism: Legal process for transferring receivables, including timing and documentation

8. Representations and Warranties: Standard and specific warranties regarding the receivables and parties' capacity

9. Data Protection and Compliance: GDPR compliance and data handling requirements

10. Servicing Arrangements: Provisions regarding the servicing of sold receivables

11. Term and Termination: Duration of the agreement and termination rights

12. Governing Law and Jurisdiction: Austrian law as governing law and jurisdiction provisions

What sections are optional to include in a Forward Flow Agreement?

1. Pre-emptive Rights: Optional section for situations where the seller wants rights to repurchase certain receivables

2. True Sale Provisions: Detailed true sale provisions if required for accounting or regulatory purposes

3. Interim Servicing: Provisions for temporary servicing by seller if required

4. Migration Provisions: Detailed IT and data migration procedures if complex systems are involved

5. Security Arrangements: If any security interests are to be created or transferred

6. Regulatory Compliance: Additional regulatory compliance sections if dealing with regulated assets

7. Put-Back Rights: Rights to return receivables that don't meet criteria post-purchase

What schedules should be included in a Forward Flow Agreement?

1. Schedule 1 - Eligibility Criteria: Detailed list of eligibility criteria for receivables

2. Schedule 2 - Purchase Price Calculation: Detailed methodology for calculating purchase prices

3. Schedule 3 - Form of Transfer Notice: Template for monthly/periodic transfer notices

4. Schedule 4 - Due Diligence Requirements: Required due diligence materials and process

5. Schedule 5 - Data Fields: Required data fields and format for receivables data

6. Schedule 6 - Service Levels: Service levels for any servicing obligations

7. Appendix A - Form of Assignment Agreement: Template for individual assignments under Austrian law

8. Appendix B - Completion Checklist: List of required documents and actions for each transfer

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

Jurisdiction

Austria

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking

Financial Services

Debt Collection

Credit Management

Asset Management

Consumer Finance

Commercial Lending

Insurance

Telecommunications

Utilities

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Operations

Credit Risk

Collections

Data Protection

Portfolio Management

Investment

Commercial

Relevant Roles

Chief Financial Officer

Head of Collections

Legal Counsel

Debt Purchase Manager

Portfolio Manager

Risk Manager

Compliance Officer

Data Protection Officer

Treasury Manager

Credit Risk Manager

Operations Director

Commercial Director

Investment Manager

Asset 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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