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Factoring Receivables Agreement Template for Ireland

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Key Requirements PROMPT example:

Factoring Receivables Agreement

"I need a Factoring Receivables Agreement under Irish law for a medium-sized manufacturing company, with non-recourse terms and a facility limit of €5 million, including specific provisions for cross-border receivables from UK customers."

Document background
This Factoring Receivables Agreement is designed for use in the Irish market where a business seeks to improve its working capital position by selling its accounts receivable to a financial institution. The agreement complies with Irish financial services regulations, including Central Bank requirements and relevant EU regulations implemented in Ireland. It is particularly suitable for businesses with regular trade receivables seeking immediate access to working capital, while providing the factor with necessary security and operational controls. The document includes comprehensive provisions for the assignment of receivables, credit risk management, collection procedures, and regulatory compliance, including anti-money laundering and data protection requirements. It can be customized for various industry sectors and can accommodate both domestic and cross-border receivables, subject to Irish law.
Suggested Sections

1. Parties: Identifies and defines the Factor and the Client (Seller) with their full legal details

2. Background: Sets out the context of the agreement, describing the Client's business and their intention to factor receivables

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

4. Assignment of Receivables: Details the legal mechanism for transferring receivables from Client to Factor

5. Purchase Price and Payment Terms: Specifies the pricing structure, advance rate, fees, and payment mechanisms

6. Eligibility Criteria: Defines which receivables qualify for factoring under the agreement

7. Representations and Warranties: Sets out the Client's confirmations regarding their business and the receivables

8. Covenants: Specifies ongoing obligations of the Client throughout the agreement term

9. Collection and Servicing: Details the procedures for collecting receivables and managing customer relationships

10. Recourse and Repurchase: Establishes circumstances where the Client must repurchase receivables

11. Events of Default: Lists circumstances constituting default and corresponding remedies

12. Term and Termination: Specifies duration of agreement and termination provisions

13. Confidentiality: Protects confidential information exchanged during the relationship

14. Notices: Specifies how formal communications between parties should be made

15. Governing Law and Jurisdiction: Confirms Irish law governance and jurisdiction for disputes

Optional Sections

1. Security Provisions: Required when additional security is taken beyond the assignment of receivables

2. Credit Insurance: Included when receivables are covered by credit insurance

3. Electronic Trading Platform: Needed when the parties use an electronic system for managing receivables

4. Cross-Border Provisions: Required when dealing with international receivables

5. Data Protection: Detailed section required when processing personal data of individuals

6. Non-Competition: Included when restricting the Client's ability to factor with other providers

7. Parent Company Guarantee: Required when parent company support is needed

8. Currency Provisions: Needed when dealing with multiple currencies

Suggested Schedules

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

2. Schedule 2 - Fee Structure: Comprehensive breakdown of all fees, charges and calculations

3. Schedule 3 - Operational Procedures: Detailed procedures for daily operations and communications

4. Schedule 4 - Form of Notice of Assignment: Template for notifying debtors of the assignment

5. Schedule 5 - Excluded Customers: List of customers whose receivables are excluded from the facility

6. Schedule 6 - Required Reports: Templates and requirements for regular reporting

7. Schedule 7 - Form of Debtor Credit Note: Standard format for issuing credit notes

8. Schedule 8 - Collection Procedures: Detailed collection protocols and procedures

9. Appendix A - Know Your Customer Requirements: List of required due diligence documents

10. Appendix B - Systems Access Protocols: Procedures for accessing and using electronic systems

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

Manufacturing

Wholesale Trade

Retail

Construction

Technology

Healthcare

Professional Services

Transportation and Logistics

Agriculture

Energy

Telecommunications

Relevant Teams

Finance

Treasury

Legal

Compliance

Credit Control

Operations

Risk Management

Sales

Business Development

Accounts Receivable

Commercial

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Controller

Accounts Receivable Manager

Commercial Director

Business Development Manager

Risk Manager

Legal Counsel

Compliance Officer

Operations Manager

Financial Controller

Credit Risk Manager

Relationship Manager

Sales 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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