Accounts Receivable Purchase Agreement for Australia

Accounts Receivable Purchase Agreement Template for Australia

A comprehensive legal agreement governed by Australian law that establishes the terms and conditions for the sale and purchase of accounts receivable (trade debts) from a business to a financial institution or factoring company. The agreement details the purchase mechanism, pricing, representations and warranties, servicing arrangements, and security interests under the Personal Property Securities Act 2009 (Cth). It includes provisions for ongoing sales of receivables, credit risk allocation, collection procedures, and compliance with Australian financial services regulations.

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What is a Accounts Receivable Purchase Agreement?

The Accounts Receivable Purchase Agreement is a critical financial instrument used when businesses seek to improve their working capital position by selling their accounts receivable to a financial institution or factoring company. This agreement, governed by Australian law, is particularly relevant for businesses with substantial B2B transactions or extended payment terms. It must comply with the Personal Property Securities Act 2009 (Cth), financial services regulations, and other relevant Australian legislation. The document typically includes detailed provisions for the sale mechanism, purchase price calculations, representations about the quality of receivables, collection procedures, and security interests. It's commonly used in various arrangements including factoring, supply chain finance, and trade finance programs, and can be structured as either a one-off sale or an ongoing purchase facility.

What sections should be included in a Accounts Receivable Purchase Agreement?

1. Parties: Identifies the seller (original creditor) and purchaser (factor) of the receivables

2. Background: Sets out the context of the agreement, including the seller's business and desire to sell receivables, and the purchaser's willingness to buy them

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles

4. Sale and Purchase: Core provisions detailing the mechanism for selling and purchasing receivables, including true sale provisions

5. Purchase Price and Payment: Specifies how the purchase price is calculated, including any discounts, and payment mechanisms

6. Eligibility Criteria: Defines the criteria that receivables must meet to be eligible for purchase

7. Representations and Warranties: Key statements about the seller's authority, receivables quality, and other material facts

8. Undertakings: Ongoing obligations of the seller regarding the receivables and business operations

9. Servicing and Collections: Arrangements for collecting receivables, whether by seller or purchaser

10. Security Interest and Perfection: Provisions ensuring the purchaser's interest is properly protected under PPSA

11. Events of Default: Circumstances constituting default and consequences

12. Termination: Provisions for ending the agreement and post-termination obligations

13. Confidentiality: Protection of confidential information exchanged under the agreement

14. General Provisions: Standard boilerplate clauses including notices, amendments, governing law

What sections are optional to include in a Accounts Receivable Purchase Agreement?

1. Credit Insurance: Required when receivables are covered by credit insurance policies

2. Cross-Border Provisions: Needed when dealing with international receivables or parties

3. Trust Provisions: Used when collections are held on trust before settlement

4. Data Protection: Enhanced privacy provisions when dealing with significant personal data

5. Supply Chain Finance: Specific provisions when the arrangement is part of a supply chain finance program

6. Electronic Platform: Required when using specific electronic platforms for receivables trading

7. Undisclosed/Disclosed Assignment: Specific provisions depending on whether the assignment is disclosed to debtors

8. Recourse Provisions: Detailed provisions when the agreement includes full or partial recourse to the seller

What schedules should be included in a Accounts Receivable Purchase Agreement?

1. Form of Assignment Notice: Template for formal assignment of specific receivables

2. Eligibility Criteria Details: Detailed specifications of receivable eligibility requirements

3. Purchase Price Calculation: Detailed formula and examples of purchase price calculation

4. Operational Procedures: Detailed procedures for offering, accepting, and settling receivables

5. Form of Debtor Notification: Template for notifying debtors of the assignment

6. Required Reports: Templates and specifications for required reporting

7. Excluded Debtors: List of debtors whose receivables are excluded from the agreement

8. Technology Requirements: Technical specifications for electronic communication and reporting

9. Service Level Requirements: Detailed service levels for servicing and collections

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

Australia

Publisher

Genie AI

Document Type

Finance Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

Wholesale Trade

Construction

Professional Services

Transportation and Logistics

Healthcare

Technology

Telecommunications

Industrial Services

Retail

Agriculture

Mining and Resources

Relevant Teams

Legal

Finance

Treasury

Credit Control

Accounts Receivable

Risk Management

Operations

Commercial

Trade Finance

Working Capital Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Controller

Accounts Receivable Manager

Legal Counsel

Commercial Director

Risk Manager

Operations Manager

Financial Controller

Business Development Manager

Relationship Manager (Banking)

Trade Finance Manager

Working Capital Manager

Industries
Personal Property Securities Act 2009 (Cth): Governs the registration and enforcement of security interests in personal property, including accounts receivable. Critical for perfecting the purchaser's interest in the receivables.
National Consumer Credit Protection Act 2009 (Cth): Relevant if any of the underlying receivables arise from consumer credit arrangements, requiring compliance with consumer protection provisions.
Corporations Act 2001 (Cth): Contains provisions relating to financial services licensing, corporate regulations, and requirements for dealing with corporate entities in financial transactions.
Australian Securities and Investments Commission Act 2001 (Cth): Provides consumer protection provisions for financial services and establishes ASIC's regulatory powers over financial services.
Privacy Act 1988 (Cth): Governs the handling of personal information, which is relevant when dealing with customer data associated with the receivables.
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth): Imposes obligations for customer due diligence and reporting of suspicious transactions in financial arrangements.
Electronic Transactions Act 1999 (Cth): Provides legal framework for electronic transactions and signatures, relevant for electronic execution and records.
Competition and Consumer Act 2010 (Cth): Contains the Australian Consumer Law, which may apply to underlying transactions and unfair contract terms provisions.
Banking Act 1959 (Cth): Relevant if the purchaser is a banking institution or if the agreement involves banking regulations.
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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