Payment Undertaking Agreement for Singapore

Payment Undertaking Agreement Template for Singapore

A Payment Undertaking Agreement under Singapore law is a legally binding contract where one party commits to make specific payments to another party under defined terms and conditions. The agreement is governed by Singapore's robust financial and commercial laws, including the Contract Act and Payment Services Act 2019. It typically includes detailed payment terms, conditions precedent, representations and warranties, and enforcement mechanisms, providing security and certainty for commercial transactions in Singapore's sophisticated financial environment.

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What is a Payment Undertaking Agreement?

The Payment Undertaking Agreement is commonly used in Singapore's commercial landscape where parties require formal documentation of payment obligations. This document is particularly relevant in project finance, international trade, and complex commercial transactions where payment certainty is crucial. The agreement, governed by Singapore law, typically details payment terms, timing, conditions, and consequences of default. It provides beneficiaries with a legally enforceable commitment while giving undertakers a clear framework for their obligations. The document's importance has grown with Singapore's development as a major financial hub, particularly in cross-border transactions where payment security is paramount.

What sections should be included in a Payment Undertaking Agreement?

1. Parties: Identification and details of the parties entering into the agreement

2. Background: Context and purpose of the payment undertaking

3. Definitions: Key terms used throughout the agreement

4. Payment Obligations: Core undertaking terms, amounts, and payment schedule

5. Conditions Precedent: Conditions that must be satisfied before obligations become effective

6. Representations and Warranties: Statements of fact and assurances by the parties

7. Events of Default: Circumstances constituting breach and triggering remedies

8. Governing Law and Jurisdiction: Choice of law and dispute resolution provisions

What sections are optional to include in a Payment Undertaking Agreement?

1. Security Provisions: Details of any collateral or security arrangements - used when payment obligations are secured by assets or guarantees

2. Cross-Border Provisions: Specific provisions for international payments - used when parties are in different jurisdictions

3. Step-In Rights: Rights of intervention by specified parties - used in complex project finance structures

4. Currency Provisions: Currency conversion and exchange rate mechanisms - used when payments involve multiple currencies

What schedules should be included in a Payment Undertaking Agreement?

1. Payment Schedule: Detailed breakdown of payment amounts and dates

2. Form of Notice: Template for formal notices under the agreement

3. Security Documents: Details of any associated security arrangements

4. Conditions Precedent Documents: List of required documents and conditions

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

Singapore

Publisher

Genie AI

Document Type

Payment Agreement

Sector

Banking

Cost

Free to use
Industries

Contract Act (Cap. 53): Primary legislation governing contract formation, validity, and enforcement in Singapore

Electronic Transactions Act: Governs electronic contracts and digital signatures, providing legal recognition for electronic transactions

Bills of Exchange Act (Cap. 23): Regulates negotiable instruments and payment mechanisms in Singapore

Banking Act (Cap. 19): Governs banking operations and financial transactions in Singapore

Payment Services Act 2019: Regulates payment systems and payment service providers in Singapore

Payment and Settlement Systems (Finality and Netting) Act: Ensures finality of payments and settlements in designated systems

Securities and Futures Act (Cap. 289): Regulates securities, derivatives, and financial market activities

Financial Advisers Act (Cap. 110): Regulates financial advisory services and related activities

Civil Law Act (Cap. 43): Contains general provisions on civil law and remedies

Limitation Act (Cap. 163): Sets time limits for bringing legal claims and actions

Consumer Protection (Fair Trading) Act: Protects consumer interests and regulates unfair trading practices

Unfair Contract Terms Act: Regulates unfair terms in contracts and provides consumer protection

Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act: Contains anti-money laundering provisions and related enforcement measures

MAS Guidelines: Regulatory guidelines issued by the Monetary Authority of Singapore for financial transactions and anti-money laundering compliance

Teams

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