Factoring Agreement With Recourse for Malta
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Factoring Agreement With Recourse
"I need a Factoring Agreement With Recourse for my manufacturing company based in Malta, which will be selling receivables from EU-based customers to a local factor, with a facility limit of €5 million and credit insurance requirements, to be implemented by March 2025."
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1. Parties: Identification of the Factor and the Client (Seller of receivables)
2. Background: Context of the agreement, including the Client's business and desire to factor receivables
3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules of interpretation
4. Purchase of Receivables: Core provisions regarding the sale and purchase of receivables, including pricing and payment terms
5. Recourse Rights: Detailed provisions regarding the Factor's right of recourse against the Client
6. Representations and Warranties: Client's representations regarding their business, receivables, and authority to enter into the agreement
7. Client Undertakings: Ongoing obligations of the Client throughout the agreement term
8. Notification and Communication: Requirements for notification to debtors and communication between parties
9. Fees and Charges: Detailed breakdown of factoring fees, discount charges, and other applicable costs
10. Collection and Management of Receivables: Procedures for collecting and managing the purchased receivables
11. Security: Security arrangements supporting the Factor's rights
12. Events of Default: Circumstances constituting default and consequences thereof
13. Termination: Provisions for termination of the agreement and post-termination procedures
14. Confidentiality: Obligations regarding confidential information
15. General Provisions: Standard boilerplate clauses including notices, amendments, governing law, etc.
1. Credit Insurance: Include when credit insurance is required or provided as part of the arrangement
2. Electronic Trading Platform: Include when parties will use an electronic platform for receivables management
3. Cross-Border Provisions: Include for international factoring arrangements
4. Currency Exchange: Include when dealing with multiple currencies
5. Data Protection: Detailed section required when personal data processing is significant
6. Anti-Money Laundering: Enhanced provisions when required by regulatory context
7. Bulk Factoring Arrangements: Include for arrangements involving bulk assignment of receivables
8. Debtor Credit Limits: Include when specific debtor limits are to be established
1. Schedule 1 - Eligibility Criteria: Detailed criteria for receivables to be eligible for purchase
2. Schedule 2 - Fee Structure: Detailed breakdown of all fees, charges, and calculation methods
3. Schedule 3 - Operational Procedures: Detailed procedures for submission, verification, and purchase of receivables
4. Schedule 4 - Form of Notice to Debtors: Template for notifying debtors of the factoring arrangement
5. Schedule 5 - Required Documents: List and forms of all required supporting documentation
6. Schedule 6 - Approved Debtors: List of pre-approved debtors and their credit limits
7. Schedule 7 - Form of Assignment: Template for individual or bulk assignments of receivables
8. Schedule 8 - Reporting Requirements: Templates and requirements for regular reporting
9. Appendix A - Power of Attorney: Form of power of attorney for Factor to collect receivables
10. Appendix B - Security Documentation: Forms of any required security documents
Authors
Advance Rate
Approved Debtor
Assignment
Available Funds
Business Day
Charge Period
Client Account
Collection Period
Commencement Date
Commercial Documents
Concentration Limit
Contract Price
Credit Limit
Credit Note
Debtor
Debtor Default
Deed of Assignment
Dilution
Discount Charge
Dispute
Eligible Receivable
Event of Default
Factoring Fee
First Loss
Funding Limit
Ineligible Receivable
Initial Payment
Insolvency Event
Invoice
Legal Assignment
Malta Business Day
Material Adverse Change
Maturity Date
Maximum Payment Term
Minimum Period
Notice of Assignment
Notification
Outstanding Amount
Payment Account
Purchase Date
Purchase Price
Purchased Receivable
Recourse Event
Recourse Period
Recourse Price
Related Rights
Relevant Date
Reserve Account
Retention Amount
Security Documents
Service Fee
Settlement Date
Start Date
Statement of Account
Termination Event
Trust Receipt
Unpaid Receivable
Verification Period
Purchase and Sale
Recourse Rights
Payment Terms
Security
Representations and Warranties
Covenants
Conditions Precedent
Collection Rights
Fees and Charges
Events of Default
Termination
Confidentiality
Data Protection
Anti-Money Laundering
Notice Requirements
Set-Off Rights
Force Majeure
Indemnification
Powers of Attorney
Client Undertakings
Audit Rights
Dispute Resolution
Governing Law
Jurisdiction
Amendment
Assignment and Transfer
Entire Agreement
Severability
Waiver
Third Party Rights
Counterparts
Electronic Execution
Costs and Expenses
Interest Provisions
Security Trust
Information Rights
Regulatory Compliance
Insurance
Records and Reports
Further Assurance
Financial Services
Manufacturing
Wholesale Trade
Retail
Construction
Import/Export
Logistics
Professional Services
Healthcare
Technology
Telecommunications
Textiles
Food and Beverage
Industrial Products
Finance
Legal
Treasury
Credit Control
Accounts Receivable
Risk Management
Compliance
Operations
Commercial
Business Development
Contract Management
Chief Financial Officer
Finance Director
Treasury Manager
Credit Controller
Accounts Receivable Manager
Financial Controller
Risk Manager
Commercial Director
Legal Counsel
Compliance Officer
Operations Manager
Credit Manager
Business Development Manager
Contract Manager
Financial Analyst
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