Accounts Receivable Purchase Agreement for Malta

Accounts Receivable Purchase Agreement Template for Malta

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Accounts Receivable Purchase Agreement

"I need an Accounts Receivable Purchase Agreement under Maltese law for a manufacturing company selling its receivables to a local bank, with specific provisions for credit insurance and cross-border receivables from EU customers."

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What is a Accounts Receivable Purchase Agreement?

The Accounts Receivable Purchase Agreement is a critical financial instrument used when a company wishes to monetize its receivables for immediate working capital needs. This document, governed by Maltese law, facilitates the sale of accounts receivable from a seller to a purchaser (typically a financial institution or factoring company). It's particularly relevant in Malta's financial services sector, which operates under both national legislation and EU regulatory frameworks. The agreement comprehensively covers the mechanics of receivables transfer, purchase price calculations, representations and warranties, servicing arrangements, and compliance requirements. It's essential for businesses seeking to improve their cash flow through receivables financing while maintaining compliance with Maltese financial regulations, including the Financial Institutions Act and relevant EU directives.

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

1. Parties: Identification of the Seller (original creditor) and Purchaser, including registration details and addresses

2. Background: Context of the agreement, nature of the receivables, and general purpose of the transaction

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

4. Sale and Purchase of Receivables: Core provisions detailing the sale and assignment of receivables, including transfer mechanics

5. Purchase Price and Payment Terms: Calculation of purchase price, payment mechanics, and any adjustments

6. Conditions Precedent: Conditions that must be satisfied before the agreement becomes effective

7. Representations and Warranties: Statements of fact and assurances from both parties, particularly regarding the receivables

8. Covenants: Ongoing obligations of both parties throughout the agreement term

9. Servicing of Receivables: Arrangements for collection and management of receivables post-sale

10. Information and Reporting: Requirements for providing information and regular reporting between parties

11. Events of Default: Circumstances constituting default and consequences

12. Termination: Provisions for ending the agreement and consequences of termination

13. Confidentiality: Obligations regarding confidential information and data protection

14. Notices: Methods and requirements for formal communications between parties

15. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction for disputes

16. General Provisions: Standard boilerplate clauses including assignment, amendments, severability, etc.

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

1. Recourse Provisions: Include when the agreement is with recourse, specifying circumstances and process for recourse against the seller

2. Credit Insurance: Include when receivables are covered by credit insurance, detailing insurance arrangements

3. Security Arrangements: Include when additional security is provided for the receivables

4. True Sale Provisions: Include when need to emphasize true sale nature for regulatory or accounting purposes

5. Cross-Border Provisions: Include when receivables involve international debtors

6. Electronic Processing: Include when parties use electronic platforms for receivables management

7. Data Protection Compliance: Detailed section when significant personal data is involved in the receivables

8. Anti-Money Laundering Compliance: Detailed section when required by the nature of the business or regulatory requirements

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

1. Schedule 1 - Eligibility Criteria: Detailed criteria for receivables to be eligible for purchase

2. Schedule 2 - Form of Purchase Notice: Template for notices of receivables to be purchased

3. Schedule 3 - Pricing and Fees: Detailed pricing mechanisms, fees, and calculations

4. Schedule 4 - Operational Procedures: Detailed procedures for day-to-day operations and communications

5. Schedule 5 - Form of Reports: Templates for required regular reports

6. Schedule 6 - Initial Receivables Portfolio: Details of receivables included in initial purchase

7. Schedule 7 - Required Documents: List of documents required for each receivable purchase

8. Appendix A - Power of Attorney: Form of power of attorney for collection purposes

9. Appendix B - Notice to Debtors: Template for notifying debtors of the assignment

10. Appendix C - Compliance Procedures: Detailed AML and regulatory compliance procedures

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

Financial Services

Banking

Manufacturing

Retail

Wholesale Trade

Technology

Healthcare

Construction

Professional Services

Telecommunications

Energy

Transportation and Logistics

Agriculture

Real Estate

Relevant Teams

Legal

Finance

Treasury

Accounts Receivable

Credit Control

Operations

Compliance

Risk Management

Commercial

Business Development

Contract Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Financial Controller

Credit Manager

Accounts Receivable Manager

Legal Counsel

Compliance Officer

Risk Manager

Operations Director

Commercial Director

Business Development Manager

Contract Manager

Corporate Lawyer

Transaction Manager

Portfolio 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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