Credit Purchase Agreement for the United States

Credit Purchase Agreement Template for United States

A Credit Purchase Agreement is a legally binding contract governed by U.S. federal and state laws that facilitates the transfer of credit assets or receivables from one party to another. The agreement outlines the terms and conditions of the sale, including purchase price, representations and warranties, servicing arrangements, and compliance with applicable regulations such as the Truth in Lending Act and Fair Credit Reporting Act. It provides protection for both parties and ensures clear documentation of the transaction's terms.

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What is a Credit Purchase Agreement?

The Credit Purchase Agreement serves as the primary document for transactions involving the sale and purchase of credit assets in the United States. This agreement is essential when financial institutions, investment firms, or other entities wish to transfer credit portfolios, loan receivables, or other credit-based assets. It addresses crucial aspects such as asset valuation, risk allocation, ongoing servicing arrangements, and regulatory compliance requirements under U.S. federal and state laws. The document is particularly important in situations involving portfolio sales, debt purchasing, securitization transactions, and other credit transfer arrangements.

What sections should be included in a Credit Purchase Agreement?

1. Parties: Identification of the credit seller and purchaser

2. Background: Context of the transaction and description of the credit being purchased

3. Definitions: Key terms used throughout the agreement including regulatory definitions

4. Purchase and Sale: Core transaction terms including purchase price and payment terms

5. Representations and Warranties: Statements of fact about the credit assets being sold

6. Conditions Precedent: Conditions that must be met before closing

7. Covenants: Ongoing obligations of the parties

8. Indemnification: Protection against losses and liabilities

9. Term and Termination: Duration and termination provisions

What sections are optional to include in a Credit Purchase Agreement?

1. Servicing Provisions: Terms regarding ongoing servicing of the credit - include when seller continues to service the credit post-sale

2. Security Interest: Terms regarding any security interest in the purchased credit - include when the transaction includes secured obligations

3. Regulatory Compliance: Specific compliance obligations - include when dealing with regulated credit products

What schedules should be included in a Credit Purchase Agreement?

1. Schedule of Purchased Credits: Detailed list of credit assets being purchased

2. Purchase Price Calculation: Methodology for calculating the purchase price

3. Form of Transfer Documents: Standard forms for transferring the credit

4. Due Diligence Requirements: List of required due diligence items

5. Servicing Standards: Standards for ongoing servicing if applicable

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

United States

Publisher

Genie AI

Document Type

Purchase Agreement

Cost

Free to use
Relevant legal definitions
Industries

Truth in Lending Act (TILA): Federal law that requires lenders to provide standardized disclosures about credit terms and costs, promoting informed credit decisions by consumers

Fair Credit Reporting Act (FCRA): Regulates the collection, dissemination, and use of consumer credit information, ensuring accuracy and privacy of credit reporting

Equal Credit Opportunity Act (ECOA): Prohibits credit discrimination on the basis of race, color, religion, national origin, sex, marital status, age, or whether an applicant receives public assistance

Fair Debt Collection Practices Act (FDCPA): Establishes legal protection from abusive debt collection practices and provides guidelines for debt collectors

Uniform Commercial Code (UCC) - Article 9: Governs secured transactions and provides rules for the creation and enforcement of security interests in personal property

Consumer Credit Protection Act: Comprehensive federal law that includes various consumer credit protections, including regulations on wage garnishment

Dodd-Frank Act: Reformed financial regulation following the 2008 crisis, created the CFPB, and established new consumer protection measures

State Usury Laws: State-specific regulations that set maximum interest rates and define what constitutes usurious lending practices

CFPB Regulations: Rules and guidelines issued by the Consumer Financial Protection Bureau governing consumer financial products and services

FTC Regulations: Federal Trade Commission rules protecting consumers from unfair or deceptive practices in credit transactions

Federal Reserve Board Regulations: Guidelines and requirements set by the Federal Reserve affecting credit and lending practices

Bankruptcy Laws: Federal laws governing bankruptcy proceedings that may affect credit purchase agreements and creditor rights

Securities Laws: Regulations governing the sale and trading of securities, relevant when credit purchases are securitized

Gramm-Leach-Bliley Act: Requirements for financial institutions to protect consumers' private information and explain their information-sharing practices

Anti-Money Laundering Regulations: Rules requiring financial institutions to monitor and report suspicious transactions to prevent money laundering

Teams

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