Factoring Agreement With Recourse for Malta

Factoring Agreement With Recourse Template 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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What is a Factoring Agreement With Recourse?

This Factoring Agreement With Recourse is designed for use in the Maltese jurisdiction when a business wishes to sell its accounts receivable to a factor while retaining the ultimate responsibility for the debts if they remain unpaid. The document is particularly suitable for businesses seeking to improve their cash flow while maintaining their existing customer relationships. It incorporates all necessary elements required under Maltese law and EU regulations, including detailed provisions for the purchase mechanism, recourse procedures, security arrangements, and operational requirements. The agreement is structured to comply with the Financial Institutions Act of Malta and related regulations, making it suitable for both domestic and international factoring arrangements. It includes comprehensive protection for all parties involved, with specific attention to Malta's commercial and financial services regulatory framework.

What sections should be included in a Factoring Agreement With Recourse?

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.

What sections are optional to include in a Factoring Agreement With Recourse?

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

What schedules should be included in a Factoring Agreement With Recourse?

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

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

Manufacturing

Wholesale Trade

Retail

Construction

Import/Export

Logistics

Professional Services

Healthcare

Technology

Telecommunications

Textiles

Food and Beverage

Industrial Products

Relevant Teams

Finance

Legal

Treasury

Credit Control

Accounts Receivable

Risk Management

Compliance

Operations

Commercial

Business Development

Contract Management

Relevant Roles

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

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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