Direction To Pay Agreement for Germany

Direction To Pay Agreement Template for Germany

A Direction to Pay Agreement under German law (Zahlungsanweisung) is a formal document that provides legally binding instructions for the payment of funds from one party to another. The agreement is governed by the German Civil Code (BGB) and must comply with German banking and commercial laws. It details the specific terms of payment, including amount, timing, and method, while establishing the rights and obligations of all parties involved. The document typically includes provisions for payment confirmation, representations about payment authority, and may incorporate conditions precedent or security arrangements depending on the transaction's complexity.

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What is a Direction To Pay Agreement?

The Direction To Pay Agreement is a crucial document used in German business transactions where formal payment instructions need to be documented and executed with legal certainty. It is commonly used in complex commercial transactions, project financing, real estate deals, and other scenarios where payment flows need to be clearly directed and documented. The agreement, governed by German law, particularly the Civil Code (BGB), serves to establish clear payment obligations and protect all parties' interests by providing detailed payment instructions, timing, and confirmation requirements. This document type is especially valuable when payments involve multiple parties or when payments are conditional upon certain events or requirements being met. The Direction To Pay Agreement includes essential information such as party details, payment amounts, bank account information, and any conditions that must be satisfied before payment can be made.

What sections should be included in a Direction To Pay Agreement?

1. Parties: Identification of all parties: the party giving the payment direction (instructor), the party receiving the direction (payer), and the payment recipient

2. Background: Context of the underlying transaction and reason for the payment direction

3. Definitions: Definitions of key terms used in the agreement

4. Payment Direction: Clear and specific instructions regarding the payment, including amount, currency, and payment details

5. Payment Details: Bank account information and other technical details for executing the payment

6. Timing of Payment: Specification of when the payment should be made

7. Confirmation of Receipt: Requirements for confirming successful payment execution

8. Representations and Warranties: Basic representations about authority to give/receive payment and validity of the instruction

9. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes

What sections are optional to include in a Direction To Pay Agreement?

1. Conditions Precedent: Include when payment is subject to fulfillment of certain conditions

2. Multiple Payments: Include when the direction involves a series of payments rather than a single payment

3. Security Arrangements: Include when additional security or guarantees are required for the payment

4. Notice Requirements: Include when specific notification procedures are needed beyond basic confirmation

5. Assignment Provisions: Include when payment rights may be assigned to third parties

6. Force Majeure: Include when specific provisions for handling payment disruptions due to extraordinary events are needed

7. Revocation Rights: Include when the payment instruction may be revocable under certain circumstances

What schedules should be included in a Direction To Pay Agreement?

1. Payment Schedule: Detailed breakdown of payment amounts, dates, and recipients if multiple payments are involved

2. Bank Account Details: Complete banking information for all relevant parties

3. Underlying Agreement Extract: Relevant excerpts from the agreement giving rise to the payment obligation

4. Form of Payment Confirmation: Template for confirming receipt of payment

5. Required Documentation: List of documents required for payment processing or verification

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

Germany

Publisher

Genie AI

Document Type

Payment Agreement

Sector

Banking

Cost

Free to use
Relevant Industries

Banking & Financial Services

Construction & Real Estate

Manufacturing

International Trade

Project Finance

Infrastructure

Commercial Real Estate

Energy & Utilities

Professional Services

Telecommunications

Relevant Teams

Legal

Finance

Treasury

Accounts Payable

Contract Administration

Risk Management

Compliance

Banking Operations

Project Finance

Transaction Management

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Project Finance Manager

Accounts Payable Manager

Financial Controller

Legal Counsel

Contract Manager

Transaction Manager

Payment Operations Manager

Cash Management Officer

Corporate Banking Manager

Compliance Officer

Risk 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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