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Third Party Payment Agreement Template for Germany

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Key Requirements PROMPT example:

Third Party Payment Agreement

"I need a Third Party Payment Agreement under German law where my parent company in Munich will take over monthly lease payments of €50,000 to our landlord starting March 2025, including provisions for early termination and step-in rights if our company regains financial stability."

Document background
The Third Party Payment Agreement is essential in situations where an entity other than the original debtor assumes responsibility for making payments under German law. This document is commonly used in corporate restructuring, family business arrangements, or commercial transactions where a third party steps in to fulfill payment obligations. The agreement must comply with German Civil Code (BGB) requirements, particularly regarding third-party performance rights and payment obligations. It typically includes detailed payment terms, compliance requirements under German banking and anti-money laundering regulations, and specific provisions protecting all parties' interests. The document is particularly relevant in scenarios involving corporate groups, financial institutions, or business arrangements where payment obligations are transferred or shared. When implementing a Third Party Payment Agreement, careful consideration must be given to German regulatory requirements, including the Payment Services Supervision Act (ZAG) and Anti-Money Laundering Act (GwG).
Suggested Sections

1. Parties: Identification of all three parties: the original debtor, the third-party payor, and the creditor

2. Background: Context of the original debt obligation and reason for third-party payment arrangement

3. Definitions: Key terms used throughout the agreement, including payment-related terminology

4. Payment Obligations: Details of the payment amount, currency, and payment schedule

5. Third Party Payment Terms: Specific terms governing the third party's obligation to make payments

6. Original Debtor's Obligations: Ongoing responsibilities of the original debtor and relationship to the third-party payor

7. Creditor's Acknowledgments: Creditor's acceptance of third-party payments and release provisions

8. Representations and Warranties: Standard declarations by all parties regarding their capacity and authority

9. Compliance Requirements: Anti-money laundering and regulatory compliance obligations

10. Default and Remedies: Consequences and available remedies in case of payment default

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

12. Notices: Communication procedures between all three parties

13. General Provisions: Standard boilerplate clauses including severability, amendments, and entire agreement

Optional Sections

1. Security Arrangements: Include when third-party payments are secured by collateral or guarantees

2. Step-In Rights: Include when the original debtor retains right to resume payments under specified conditions

3. Currency Exchange Provisions: Include for cross-border payments or when different currencies are involved

4. Tax Provisions: Include when tax implications need specific addressing, especially for international payments

5. Assignment and Transfer: Include when rights to receive/make payments may be transferred

6. Intermediary Banks: Include when specific banking channels must be used for payments

7. Force Majeure: Include when parties want specific provisions for payment interruptions due to extraordinary events

Suggested Schedules

1. Payment Schedule: Detailed schedule of payment amounts, dates, and methods

2. Party Information: Complete details of all parties including registration numbers and addresses

3. Bank Account Details: Specified bank accounts for making and receiving payments

4. Original Debt Documentation: Copy or summary of the original debt obligation

5. Compliance Documentation: Required AML and KYC documentation for the third-party payor

6. Power of Attorney: If applicable, authorization documentation for the third-party payor

7. Form of Payment Notices: Standard forms for payment notifications and confirmations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Financial Services

Banking

Insurance

Corporate Services

Real Estate

Manufacturing

Construction

Import/Export

Retail

Professional Services

Healthcare

Technology

Relevant Teams

Legal

Finance

Treasury

Compliance

Accounts Payable

Risk Management

Corporate Governance

Commercial Operations

Credit Control

Banking Operations

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Accounts Payable Manager

Legal Counsel

Compliance Officer

Corporate Controller

Credit Manager

Financial Controller

Risk Manager

Banking Relationship Manager

Commercial Director

Contract Administrator

Corporate Secretary

Financial Analyst

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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