Accounts Receivable Assignment Agreement for Malta

Accounts Receivable Assignment Agreement Template for Malta

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Accounts Receivable Assignment Agreement

"I need an Accounts Receivable Assignment Agreement for a one-off transfer of €2.5M in receivables from my manufacturing company to a local Maltese bank, with no recourse provisions and immediate payment of the purchase price."

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What is a Accounts Receivable Assignment Agreement?

The Accounts Receivable Assignment Agreement is a crucial financial instrument used when a business wishes to transfer its accounts receivable to another party, typically a financial institution or factoring company, in exchange for immediate funding. Under Maltese law, which combines civil law traditions with modern commercial practices and EU regulations, this document must meet specific legal requirements for the valid assignment of receivables. The agreement is commonly used in factoring arrangements, supply chain finance programs, or as part of broader financing structures. It includes detailed provisions covering the assignment mechanism, purchase price calculations, representations about the receivables' quality, collection procedures, and compliance with Maltese notification requirements. The document becomes particularly important in the context of Malta's position as a financial services hub, where many international businesses operate and require efficient working capital solutions.

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

1. Parties: Identifies the assignor (seller of receivables) and assignee (buyer of receivables) with their full legal details

2. Background: Sets out the context of the agreement, including the assignor's ownership of receivables and the parties' intention to transfer them

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

4. Assignment and Transfer: Core section detailing the assignment of receivables, consideration, and effective date of transfer

5. Purchase Price and Payment Terms: Specifies the purchase price for the receivables and how/when payment will be made

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

7. Notification and Perfection: Requirements for notifying debtors and perfecting the assignment under Maltese law

8. Collection and Administration: Procedures for collecting receivables and managing relationships with debtors

9. Covenants: Ongoing obligations of both parties throughout the life of the agreement

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

11. Termination: Conditions and procedures for terminating the agreement

12. Governing Law and Jurisdiction: Confirms Maltese law as governing law and establishes jurisdiction for disputes

13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

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

1. Recourse Provisions: Required when the assignment is with recourse, detailing the assignor's obligations to repurchase or compensate for defaulted receivables

2. Security Arrangements: Used when additional security is provided for the assignor's obligations

3. True Sale Provisions: Enhanced provisions to establish true sale characteristics when required for accounting or regulatory purposes

4. Ongoing Assignment Mechanism: Required for revolving facilities or ongoing assignments of future receivables

5. Data Protection: Enhanced provisions when personal data is involved in the assigned receivables

6. Cross-Border Provisions: Additional provisions for assignments involving foreign debtors or cross-border elements

7. Credit Insurance: Provisions dealing with credit insurance arrangements if receivables are insured

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

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

2. Form of Notice to Debtors: Template notice to be sent to debtors informing them of the assignment

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

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

5. Collection Procedures: Detailed procedures for collecting and administering the receivables

6. Pricing Mechanism: Detailed methodology for calculating the purchase price of receivables

7. Form of Reports: Templates for periodic reports required under the agreement

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

Financial Services

Banking

Manufacturing

Wholesale and Distribution

Retail

Construction

Healthcare

Technology

Professional Services

Logistics and Transportation

Energy

Telecommunications

Relevant Teams

Finance

Legal

Treasury

Credit Control

Accounts Receivable

Risk Management

Collections

Operations

Compliance

Commercial

Corporate Finance

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Controller

Accounts Receivable Manager

Financial Controller

Legal Counsel

Commercial Director

Risk Manager

Collections Manager

Business Development Manager

Factoring Manager

Corporate Finance Manager

Finance Operations Manager

Compliance Officer

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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