Accounts Receivable Assignment Agreement Template for Denmark

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Key Requirements PROMPT example:

Accounts Receivable Assignment Agreement

I need an Accounts Receivable Assignment Agreement for my manufacturing company to assign €2 million worth of receivables to ABC Bank Denmark A/S, with the assignment planned for March 2025 and including recourse provisions if debtors default.

Document background
The Accounts Receivable Assignment Agreement is a crucial document used in Danish commercial and financial transactions where a business wishes to transfer its rights to receive payment from its customers to another party, typically a financial institution or factoring company. This agreement is commonly used for improving cash flow, financing operations, or as part of securitization arrangements. The document must comply with Danish law requirements, particularly the Danish Contracts Act and Debt Instruments Act, and includes detailed provisions about the receivables being transferred, purchase price, collection rights, representations and warranties, and operational procedures. It's particularly important in factoring arrangements, supply chain finance, and other financing structures where receivables serve as a key asset.
Suggested Sections

1. Parties: Identification of the Assignor and Assignee, including full legal names, registration numbers, 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 nature and scope of the assignment

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

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

7. Debtor Notification: Requirements and process for notifying debtors of the assignment

8. Collection and Administration: Provisions regarding the collection of receivables and ongoing administration

9. Covenants: Ongoing obligations of the parties, particularly the Assignor's duties regarding the receivables

10. Events of Default: Circumstances constituting default and consequences thereof

11. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

12. Notices: Process and requirements for formal communications between parties

13. Execution: Signature blocks and execution requirements

Optional Sections

1. Security Interest: Additional security arrangements if the assignment is for security purposes rather than an outright sale

2. True Sale Provisions: Specific provisions establishing the assignment as a true sale, used when securitization is intended

3. Recourse Provisions: Terms regarding the Assignor's obligations to repurchase or replace non-performing receivables

4. Data Protection: Specific provisions regarding handling of personal data, required when dealing with individual debtors

5. Anti-Assignment Prohibitions: Provisions dealing with any contractual restrictions on assignment in the underlying contracts

6. Insurance: Requirements for insurance of receivables or credit insurance arrangements

7. Currency Provisions: Required when assigned receivables are in multiple currencies

8. Tax Provisions: Detailed tax treatment and allocations, needed for complex assignments or cross-border situations

Suggested Schedules

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

2. Form of Notice to Debtors: Template for the notification to be sent to debtors regarding the assignment

3. Collection Procedures: Detailed procedures for collection of receivables and handling of payments

4. Pricing Schedule: Detailed methodology for calculating the purchase price of receivables

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

6. Form of Assignment Certificate: Template for documenting specific assignments under the agreement

7. Reporting Requirements: Templates and requirements for ongoing reporting between parties

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

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
Relevant Industries

Banking

Financial Services

Manufacturing

Retail

Wholesale Trade

Construction

Healthcare

Technology

Telecommunications

Professional Services

Transport and Logistics

Energy and Utilities

Relevant Teams

Legal

Finance

Treasury

Credit Control

Accounts Receivable

Risk Management

Commercial

Operations

Business Development

Compliance

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Manager

Accounts Receivable Manager

Financial Controller

Legal Counsel

Commercial Director

Business Development Manager

Risk Manager

Collections Manager

Finance Operations 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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