Accounts Receivable Assignment Agreement Template for Germany

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Key Requirements PROMPT example:

Accounts Receivable Assignment Agreement

I need an Accounts Receivable Assignment Agreement under German law for a manufacturing company assigning €2 million worth of trade receivables to Deutsche Bank, with the assignor continuing to collect the receivables as collection agent.

Document background
The Accounts Receivable Assignment Agreement is a crucial document used in German commercial practice for businesses seeking to monetize their receivables or secure financing. This agreement, governed by German law, particularly the German Civil Code (BGB), enables companies to transfer their rights to receive payment from customers to another party, typically a financial institution. It's commonly used in factoring arrangements, supply chain financing, or as security for loans. The document must address specific German legal requirements, including proper identification of receivables, compliance with form requirements, and data protection regulations. The agreement becomes especially relevant in scenarios where companies need to improve their working capital position or establish financing arrangements based on their accounts receivable portfolio.
Suggested Sections

1. Parties: Identification of the Assignor and Assignee with full legal names and addresses

2. Background: Context of the assignment, including the business relationship and purpose of the assignment

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

4. Subject Matter of Assignment: Detailed description of the receivables being assigned and the scope of the assignment

5. Assignment and Transfer: Legal mechanics of the assignment, including the transfer of all ancillary rights

6. Purchase Price and Payment: Terms of payment for the assigned receivables, including calculation method and payment mechanics

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

8. Notification and Communication: Requirements and procedures for notifying debtors and handling communications

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

10. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

Optional Sections

1. Security Interests: Additional security provisions when the assignment is used as collateral

2. True Sale Provisions: Specific provisions ensuring the assignment qualifies as a true sale, needed for securitization transactions

3. Servicing Arrangements: Terms for ongoing servicing of the receivables if the assignor continues to collect

4. Credit Insurance: Provisions regarding existing credit insurance and its transfer or maintenance

5. Foreign Currency Provisions: Special provisions for receivables denominated in non-Euro currencies

6. Bank Account Pledge: Additional security through pledging of collection accounts, if required

Suggested Schedules

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

2. Schedule 2 - Form of Notice to Debtors: Template for notifying debtors of the assignment

3. Schedule 3 - Power of Attorney: Form of power of attorney for the Assignee to act in relation to the receivables

4. Schedule 4 - Data Processing Agreement: GDPR-compliant data processing terms

5. Appendix A - Existing Security Interests: List of any existing security interests affecting the receivables

6. Appendix B - Collection Account Details: Specification of bank accounts used for collections and payments

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

Retail

Technology and Software

Professional Services

Healthcare

Construction

Automotive

Energy and Utilities

Relevant Teams

Legal

Finance

Treasury

Credit Control

Accounts Receivable

Risk Management

Commercial Operations

Corporate Finance

Collections

Working Capital Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Controller

Accounts Receivable Manager

Legal Counsel

Commercial Director

Risk Manager

Collections Manager

Financial Controller

Corporate Finance Manager

Working Capital 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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