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Master Factoring Agreement Template for Switzerland

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Key Requirements PROMPT example:

Master Factoring Agreement

I need a Swiss law Master Factoring Agreement for a manufacturing company selling receivables to a major Swiss bank, with special provisions for cross-border receivables from German and French customers, to be implemented by March 2025.

Document background
The Master Factoring Agreement is designed for businesses seeking to optimize their working capital through the sale of their accounts receivable to a financial institution. This agreement, governed by Swiss law, provides a comprehensive framework for ongoing factoring transactions, enabling businesses to access immediate funding while potentially transferring collection risk to the Factor. The document addresses key aspects including receivables eligibility, purchase price mechanics, operational procedures, and risk allocation, while ensuring compliance with Swiss regulatory requirements, particularly the Swiss Code of Obligations' provisions on assignment of receivables. The Master Factoring Agreement is particularly valuable for businesses with regular trading activities and substantial accounts receivable, offering them a flexible financing solution while providing the Factor with necessary security and operational guidelines.
Suggested Sections

1. Parties: Identification of the Factor and the Client (Seller of receivables)

2. Background: Context of the agreement, business relationship, and purpose of the factoring arrangement

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Sale and Purchase of Receivables: Core provisions governing the transfer of receivables, including assignment mechanics and purchase price calculation

5. Eligibility Criteria: Criteria that receivables must meet to be eligible for purchase under the agreement

6. Operational Procedures: Procedures for offering receivables, verification, and completion of purchases

7. Payment Terms: Terms regarding payment of purchase price, reserves, fees, and other amounts

8. Client Representations and Warranties: Standard and specific representations and warranties regarding the business and receivables

9. Client Covenants: Ongoing obligations of the Client regarding its business, receivables management, and reporting

10. Factor's Rights and Obligations: Key rights and obligations of the Factor, including collection rights

11. Events of Default: Circumstances constituting default and consequences thereof

12. Termination: Provisions regarding termination rights, process, and consequences

13. Indemnification: Mutual indemnification obligations and process

14. Confidentiality: Provisions protecting confidential information of both parties

15. General Provisions: Standard boilerplate clauses including notices, amendments, governing law, etc.

Optional Sections

1. Credit Insurance: Required when credit insurance is part of the factoring arrangement, detailing insurance requirements and process

2. Electronic Platform: Needed when parties use an electronic platform for receivables submission and management

3. Cross-Border Provisions: Required for international factoring arrangements involving foreign debtors

4. Debtor Concentration Limits: Optional section setting limits on concentration of receivables from individual debtors

5. Special Industries Provisions: Specific provisions for particular industries (e.g., construction, healthcare)

6. Data Protection: Detailed data protection provisions when extensive personal data processing is involved

7. Parent Company Guarantee: Required when additional security through parent company guarantee is needed

Suggested Schedules

1. Schedule 1 - Eligibility Criteria: Detailed list of criteria for eligible receivables

2. Schedule 2 - Pricing and Fees: Detailed pricing structure, fees, and calculation methods

3. Schedule 3 - Operational Procedures: Detailed procedures for daily operations, including forms and timelines

4. Schedule 4 - Approved Debtors: List of approved debtors and their credit limits

5. Schedule 5 - Required Reports: Format and content of required periodic reports

6. Schedule 6 - Form of Assignment Notice: Standard form for notifying debtors of the assignment

7. Schedule 7 - Collection Procedures: Detailed procedures for collecting receivables

8. Appendix A - Required Documents: List of documents required for receivables verification

9. Appendix B - Power of Attorney: Standard form of power of attorney for collections and enforcement

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 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

Manufacturing

Wholesale Trade

Retail

Construction

Healthcare

Technology

Transportation and Logistics

Professional Services

Industrial Equipment

Textiles and Apparel

Food and Beverage

Automotive

Electronics

Relevant Teams

Legal

Finance

Treasury

Credit Management

Accounts Receivable

Risk Management

Compliance

Operations

Commercial

Trade Finance

Working Capital Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Manager

Accounts Receivable Manager

Commercial Director

Legal Counsel

Risk Manager

Operations Manager

Compliance Officer

Financial Controller

Business Development Manager

Trade Finance Manager

Working Capital Manager

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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