Master Asset Finance Agreement for the United States

Master Asset Finance Agreement Template for United States

A Master Asset Finance Agreement is a comprehensive legal framework governed by U.S. federal and state laws, particularly the Uniform Commercial Code. It establishes the terms and conditions for financing various assets, including equipment, vehicles, or other capital items. The agreement covers multiple transactions under a single master agreement, streamlining the process for repeated financing arrangements while ensuring compliance with relevant banking, security, and consumer protection regulations.

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What is a Master Asset Finance Agreement?

The Master Asset Finance Agreement serves as a foundational document for businesses seeking to finance multiple assets over time. It's particularly useful for ongoing financing relationships where parties anticipate multiple transactions. The agreement, governed by U.S. law, combines efficiency with comprehensive legal protection, covering aspects such as security interests, payment terms, and default provisions. It's designed to comply with federal regulations including the UCC and state-specific requirements, while providing flexibility for various types of asset financing arrangements.

What sections should be included in a Master Asset Finance Agreement?

1. Parties: Identification of financier and borrower/lessee, including full legal names and addresses

2. Background: Context of the agreement and general purpose of the financing arrangement

3. Definitions: Key terms used throughout the agreement including 'Assets', 'Finance Documents', 'Event of Default', etc.

4. Facility and Purpose: Details of the financing facility, including types of assets covered and general purposes

5. Conditions Precedent: Prerequisites that must be satisfied before financing becomes available

6. Drawdown and Payment Terms: Procedures for requesting financing and payment obligations

7. Security: Details of security interests and asset ownership arrangements

8. Representations and Warranties: Standard assurances from the borrower/lessee

9. Covenants: Ongoing obligations of the borrower/lessee

10. Events of Default: Circumstances constituting default and consequences

What sections are optional to include in a Master Asset Finance Agreement?

1. Insurance: Required insurance coverage provisions for financed assets

2. Asset Maintenance: Requirements for maintaining financed assets including servicing schedules and standards

3. Cross-Default: Provisions linking defaults across multiple agreements with the same party

4. Tax Provisions: Specific tax treatment, obligations and allocations between parties

What schedules should be included in a Master Asset Finance Agreement?

1. Schedule of Assets: Detailed list of assets being financed including specifications and values

2. Payment Schedule: Detailed payment terms including amounts and dates

3. Form of Drawdown Notice: Template for requesting financing under the agreement

4. Conditions Precedent Documents: List of required documentation

5. Form of Security Documents: Templates for security agreements and filings

6. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements

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

Financing Agreement

Cost

Free to use
Relevant legal definitions
Industries

Uniform Commercial Code (UCC): Core federal legislation governing commercial transactions including Article 2 (Sales), Article 2A (Leases), and Article 9 (Secured Transactions). Essential for structuring asset finance agreements and securing interests in financed assets.

Truth in Lending Act (TILA): Federal law requiring transparent disclosure of credit terms and standardized calculation methods for credit costs, implemented through Regulation Z. Critical for consumer credit aspects of asset financing.

Equal Credit Opportunity Act (ECOA): Federal legislation prohibiting discrimination in credit transactions based on race, color, religion, national origin, sex, marital status, age, or public assistance participation.

Federal Consumer Leasing Act: Regulates consumer leasing transactions, requiring specific disclosures about lease costs and terms. Applicable if the asset finance agreement includes consumer leasing provisions.

Bank Secrecy Act (BSA): Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering, including requirements for documentation and reporting.

Dodd-Frank Act: Comprehensive financial reform legislation including consumer protection provisions and risk retention rules affecting asset-backed securities and financing arrangements.

State Usury Laws: State-specific regulations limiting maximum interest rates and fees that can be charged in financing transactions. Varies by jurisdiction.

State UCC Variations: State-specific modifications to the Uniform Commercial Code that may affect how asset finance agreements are structured and enforced in different jurisdictions.

State Licensing Requirements: State-specific regulations governing licensing and registration requirements for entities engaged in asset financing activities.

State Consumer Protection Laws: State-specific regulations providing additional consumer protections beyond federal requirements, including disclosure requirements and prohibited practices.

SEC Regulations: Federal securities regulations that may apply if the asset finance agreement involves securitization or other securities-related aspects.

Federal Reserve Regulations: Banking regulations that may affect asset finance agreements, particularly when involving regulated financial institutions.

OCC Guidelines: Office of the Comptroller of the Currency guidelines affecting national banks involved in asset financing activities.

Internal Revenue Code: Federal tax provisions affecting the treatment of asset finance transactions, including depreciation, interest deductibility, and other tax implications.

State Tax Regulations: State-specific tax rules affecting asset finance transactions, including sales tax, use tax, and property tax considerations.

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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