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Receivables Transfer Agreement

Receivables Transfer Agreement Template for Germany

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Key Requirements PROMPT example:

Receivables Transfer Agreement

"I need a Receivables Transfer Agreement under German law for a one-time transfer of trade receivables worth €500,000 from my manufacturing company to a factoring company, with the transfer to be completed by March 2025."

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Document background
The Receivables Transfer Agreement serves as a crucial document for businesses looking to transfer their accounts receivable to another party, commonly used in factoring, securitization, or debt collection arrangements under German law. This agreement is essential when companies seek to improve their cash flow, transfer risk, or restructure their receivables portfolio. The document must comply with German legal requirements, particularly the provisions of the German Civil Code (BGB) regarding assignments (Abtretung), and includes detailed specifications of the receivables being transferred, payment terms, representations and warranties, and necessary regulatory compliance measures. It's particularly important in the German market where specific formalities must be observed for effective transfer of receivables and where data protection regulations play a significant role.
Suggested Sections

1. Parties: Identification of transferor and transferee, including full legal names and addresses

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

3. Definitions and Interpretation: Definitions of key terms and interpretation rules, particularly important for German law context

4. Transfer and Assignment: Core provisions regarding the transfer of receivables, including mechanics and timing

5. Purchase Price and Payment: Terms of payment, calculation methods, and payment mechanics

6. Representations and Warranties: Transferor's representations regarding ownership, validity, and characteristics of receivables

7. Undertakings: Ongoing obligations of parties, including information provision and cooperation

8. Notices: Communication requirements and methods between parties

9. Data Protection: GDPR compliance and data handling requirements

10. Confidentiality: Protection of confidential information and trade secrets

11. Term and Termination: Duration of agreement and termination provisions

12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

13. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments

Optional Sections

1. Servicing Arrangements: Include when transferor continues to service the receivables post-transfer

2. Security Interests: Required when receivables are secured by collateral or guarantees

3. True Sale Provisions: Important for transactions requiring bankruptcy remoteness

4. Regulatory Compliance: Specific provisions for regulated sectors (e.g., banking, insurance)

5. Future Receivables: Required for ongoing/multiple transfers of receivables

6. Credit Risk Provisions: Include when credit risk is shared or specifically allocated

7. Collection Procedures: Detailed procedures when specific collection arrangements are needed

8. Recourse Provisions: Include when transfer includes recourse rights against transferor

Suggested Schedules

1. Schedule of Receivables: Detailed list and description of receivables being transferred

2. Form of Transfer Notice: Template for notifying debtors of the transfer

3. Eligibility Criteria: Criteria for receivables to be eligible for transfer

4. Purchase Price Calculation: Detailed methodology for calculating purchase price

5. Form of Assignment: Template for formal assignment documentation

6. Due Diligence Checklist: List of required due diligence documents and verifications

7. Servicing Procedures: Detailed procedures for servicing of receivables if applicable

8. Reporting Requirements: Templates and specifications for required reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions








































Clauses



































Relevant Industries

Banking and Financial Services

Manufacturing

Retail

Healthcare

Technology

Energy

Construction

Telecommunications

Professional Services

Logistics and Transportation

Real Estate

Relevant Teams

Legal

Finance

Treasury

Accounts Receivable

Credit Control

Compliance

Risk Management

Operations

Commercial

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Accounts Receivable Manager

Legal Counsel

Compliance Officer

Credit Controller

Risk Manager

Commercial Director

Business Development Manager

Financial Controller

Collections Manager

Corporate Lawyer

Finance Manager

Operations Director

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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