Forward Flow Agreement for India

Forward Flow Agreement Template for India

A Forward Flow Agreement under Indian law is a specialized financial contract that establishes a framework for the regular, ongoing sale of receivables or debt portfolios from one entity to another. The agreement operates within India's legal framework, particularly complying with the Indian Contract Act, Banking Regulation Act, and relevant RBI guidelines. It details the mechanisms for periodic transfers, pricing methodologies, eligibility criteria for receivables, and operational procedures while ensuring compliance with Indian regulatory requirements for debt transfer and data protection.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Forward Flow Agreement

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc

What is a Forward Flow Agreement?

Forward Flow Agreements are essential instruments in the Indian financial sector, used when a business entity wishes to establish a continuous arrangement for selling receivables or debt portfolios to a purchaser. These agreements are particularly relevant in the Indian context where banks and financial institutions regularly seek to manage their non-performing assets (NPAs) and maintain healthy balance sheets. The Forward Flow Agreement sets out the entire framework for such transfers, including pricing mechanisms, eligibility criteria, and operational procedures, while ensuring compliance with Indian regulatory requirements, particularly those set by the Reserve Bank of India (RBI). The document is structured to accommodate the unique aspects of Indian financial regulations and includes specific provisions for stamp duty compliance, registration requirements where applicable, and data protection obligations under Indian law.

What sections should be included in a Forward Flow Agreement?

1. Parties: Identification of the seller and purchaser, including their registered addresses and company details

2. Background: Context of the agreement, including the seller's business, nature of receivables, and purpose of the forward flow arrangement

3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation

4. Sale and Purchase Structure: Framework for the forward flow arrangement, including frequency of sales, commitment periods, and portfolio criteria

5. Purchase Price and Payment: Pricing mechanism, payment terms, and any adjustments or reconciliation processes

6. Eligibility Criteria: Specific criteria that receivables must meet to be eligible for sale under the agreement

7. Transfer Process: Detailed procedures for each transfer, including notice requirements, documentation, and timing

8. Representations and Warranties: Standard and specific warranties given by both parties, particularly regarding the receivables

9. Seller's Ongoing Obligations: Continuing obligations of the seller, including information provision and compliance requirements

10. Purchaser's Obligations: Key obligations of the purchaser, including payment and compliance with collection practices

11. Data Protection and Confidentiality: Provisions for handling customer data and maintaining confidentiality

12. Term and Termination: Duration of the agreement, renewal provisions, and termination rights

13. Post-Termination Obligations: Obligations that survive termination and wind-down procedures

14. Indemnification: Indemnity provisions protecting parties against specific risks and breaches

15. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution

16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment rights

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

1. Servicing Arrangements: Required if the seller continues to service the sold receivables or if a third-party servicer is involved

2. Security Interest: Needed if any form of security is required to support the obligations of either party

3. Put-Back Provisions: Include when the purchaser has rights to require the seller to repurchase certain receivables

4. Performance Monitoring: Required for agreements where portfolio performance metrics are crucial

5. Regulatory Compliance: Detailed section needed if the receivables are in a heavily regulated sector

6. Customer Communications: Include when specific requirements exist for communicating with customers about the transfer

7. IT Systems and Data Transfer: Required when complex technical integration is needed between parties

8. Force Majeure: Optional clause for circumstances preventing performance

9. Step-in Rights: Include when purchaser needs rights to take over certain functions in specific circumstances

What schedules should be included in a Forward Flow Agreement?

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

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

3. Schedule 3 - Form of Transfer Notice: Template for the formal notice of transfer for each portfolio

4. Schedule 4 - Data Fields: Required data fields and format for portfolio information

5. Schedule 5 - Operational Procedures: Detailed procedures for day-to-day operations and transfers

6. Schedule 6 - Form of Power of Attorney: Template for power of attorney if required for collections

7. Schedule 7 - Service Levels: Performance metrics and service levels if applicable

8. Schedule 8 - System Specifications: Technical specifications for data transfer and systems integration

9. Appendix A - Initial Portfolio: Details of the first portfolio to be transferred

10. Appendix B - Compliance Requirements: Detailed regulatory and compliance requirements

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

India

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking

Financial Services

Insurance

Telecommunications

Utilities

Healthcare

Retail

E-commerce

Microfinance

Consumer Finance

Relevant Teams

Legal

Finance

Risk Management

Compliance

Operations

Treasury

Credit Management

Collections

Portfolio Management

Business Development

Data Management

Information Technology

Audit

Corporate Strategy

Relevant Roles

Chief Financial Officer

Head of Credit

Risk Manager

Legal Counsel

Compliance Officer

Portfolio Manager

Debt Purchase Manager

Collections Manager

Operations Director

Finance Director

Treasury Manager

Chief Risk Officer

Head of Debt Sales

Acquisition Manager

Recovery Specialist

Contract Manager

Business Development Manager

Financial Controller

Industries
Indian Contract Act, 1872: Fundamental law governing contract formation, validity, and enforcement in India. Essential for establishing the basic framework of the forward flow agreement.
Transfer of Property Act, 1882: Governs the transfer of property rights, including actionable claims and receivables, which is crucial for forward flow agreements involving debt assignment.
Registration Act, 1908: Determines whether the agreement requires registration, particularly if it involves immovable property or long-term rights.
Indian Stamp Act, 1899: Determines the stamp duty requirements for the agreement, which varies by state and nature of the transaction.
Banking Regulation Act, 1949: Regulates banking operations and must be considered if any party is a banking institution, particularly regarding debt assignment and NPAs.
Reserve Bank of India Act, 1934: Contains provisions regarding financial transactions and regulatory compliance requirements for debt trading.
Information Technology Act, 2000: Relevant for electronic execution of agreements and protection of electronic records and data.
The Personal Data Protection Bill (latest version): Must be considered for handling customer data that may be transferred as part of the forward flow agreement.
SARFAESI Act, 2002: Relevant if the forward flow agreement involves secured assets or non-performing assets (NPAs).
Prevention of Money Laundering Act, 2002: Ensures compliance with anti-money laundering regulations in financial transactions.
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

Find the exact document you need

Lease Agreement Form

An Indian law-compliant agreement establishing terms and conditions between property owner and tenant for the rental of residential or commercial property.

find out more

Evergreen Contract

An automatically renewing contract template compliant with Indian law, designed for ongoing business relationships.

find out more

Contract For Deed

An Indian law-compliant agreement where property is sold through installment payments, with the seller retaining title until full payment is received.

find out more

Bespoke Contract

A customized legal agreement tailored to specific business requirements under Indian law, incorporating both mandatory legal provisions and specialized commercial terms.

find out more

Supplementary Agreement

An Indian law-governed document that modifies or adds to an existing agreement while maintaining its core structure and legal framework.

find out more

Public Contract

An Indian law-governed agreement between a government entity and private party for public procurement, following government procurement regulations and compliance requirements.

find out more

Partnership Agreement In Written Form

A legally binding agreement under Indian law that establishes a partnership between two or more parties, defining their rights, responsibilities, and business relationship.

find out more

Business Agreement

A legally binding business agreement under Indian law establishing commercial relationships between parties, incorporating key provisions and compliance requirements.

find out more

Warrant Agreement

An Indian law-governed agreement establishing terms for issuance and exercise of warrants, complying with SEBI regulations and Companies Act requirements.

find out more

Triple Net Lease Agreement

An Indian law-governed lease agreement where the tenant is responsible for property taxes, insurance, and maintenance costs in addition to rent.

find out more

Surety Agreement

An Indian law-governed agreement where a surety guarantees the payment or performance obligations of a principal debtor to a creditor.

find out more

Subscription Agreement

An Indian law-governed agreement establishing terms for recurring access to products or services, defining rights and obligations of service providers and subscribers.

find out more

Sub Tenancy Agreement

An Indian law-compliant agreement allowing a tenant to lease their rented property to another party, subject to state-specific regulations and original lease terms.

find out more

Short Term Contract

An Indian law-governed contract for temporary employment relationships, establishing terms and conditions for fixed-duration engagements while ensuring compliance with local labor regulations.

find out more

Scheduling Agreement

An Indian law-governed framework agreement establishing terms for scheduled, recurring deliveries of goods or services with predetermined quantities and timelines.

find out more

Probationary Contract

An Indian law-governed employment agreement establishing terms for a probationary period of employment, including conditions for permanent confirmation.

find out more

Purchase Proposal

A formal document under Indian law outlining a buyer's intent to purchase specific goods or services, including key terms and conditions.

find out more

Novation Agreement (Real Estate)

An Indian law-governed agreement transferring rights and obligations under an existing real estate contract from one party to another, with the consent of all parties involved.

find out more

Novation Agreement

An Indian law-governed tripartite agreement that transfers contractual rights and obligations from one party to another, with all parties' consent.

find out more

Option Contract (Real Estate)

An Indian law-governed agreement granting exclusive rights to purchase specified real estate property within a set timeframe and price.

find out more

Material Contract

An Indian law-governed agreement establishing terms for material supply, including specifications, quality standards, and delivery terms.

find out more

Labor Contract

An Indian law-compliant employment agreement establishing terms and conditions between employer and employee.

find out more

Lease Deed

An Indian law-compliant legal document establishing terms and conditions for leasing property between a lessor and lessee.

find out more

Informal Contract

Template for creating simple, legally valid informal contracts under Indian law, suitable for small businesses and freelancers.

find out more

Individual Contract

An Indian law-governed employment contract establishing terms and conditions between employer and employee, ensuring compliance with local labor laws.

find out more

Franchise Agreement

An Indian law-governed agreement establishing a franchise relationship, granting business operation rights under the franchisor's brand and system.

find out more

Form For Independent Contractor

Standard Indian law-compliant Independent Contractor Agreement template for establishing and managing independent service provider relationships.

find out more

Encroachment Agreement

An Indian law-compliant agreement that resolves property encroachment issues between parties, establishing rights and obligations regarding the encroached property.

find out more

Executive Contract

An Indian law-governed employment agreement for executive positions, defining terms of employment, duties, compensation, and obligations in compliance with Indian corporate and labor laws.

find out more

Contingency Contract

An Indian law-governed Contingency Contract establishing obligations dependent on specified future uncertain events, structured under the Indian Contract Act, 1872.

find out more

Consent Agreement

An Indian law-compliant agreement documenting explicit consent for personal data collection and processing, ensuring legal data handling practices.

find out more

Business To Business Contract

An Indian law-governed contract template for establishing commercial relationships between business entities, ensuring compliance with Indian contract law and commercial regulations.

find out more

Barter Agreement

An Indian law-governed agreement facilitating the direct exchange of goods/services between parties without monetary consideration.

find out more

Master Contract

An Indian law-governed framework agreement that establishes standard terms and conditions for future specific agreements between parties.

find out more

Notarial Contract

An Indian law-governed contract formally authenticated by a licensed notary public, providing enhanced legal certainty and evidentiary value.

find out more

Basic Ordering Agreement

An Indian law-governed master agreement establishing terms and conditions for future orders between parties, streamlining recurring business transactions.

find out more

Guarantee Contract

An Indian law-governed contract where a guarantor undertakes to fulfill another party's obligations to a beneficiary upon default.

find out more

Tenancy Agreement Form

An Indian law-compliant agreement establishing terms and conditions between landlord and tenant for property rental, incorporating relevant state and central legislation requirements.

find out more

General Tenancy Agreement

An Indian law-compliant agreement establishing terms and conditions for property rental between landlord and tenant, governed by Indian property legislation and state-specific regulations.

find out more

Contract Agreement Form

A standardized contract agreement template compliant with Indian law, establishing legally binding terms between parties.

find out more
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it

2 Docs LeftAccess Now