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Master Factoring Agreement
"I need a Master Factoring Agreement for a Malaysian manufacturing company that will be factoring receivables from both domestic and ASEAN customers, with a total facility limit of MYR 50 million, to be effective from March 1, 2025."
1. Parties: Identification of the Factor and the Client (Supplier)
2. Background: Context of the agreement and commercial purpose
3. Definitions and Interpretation: Key terms including Receivables, Eligible Receivables, Purchase Price, Discount Rate
4. Scope of Factoring Services: Nature and extent of factoring services to be provided
5. Purchase of Receivables: Terms and conditions for the purchase and assignment of receivables
6. Purchase Price and Payment Terms: Calculation of purchase price, advance rate, reserves, and payment mechanics
7. Representations and Warranties: Client's representations regarding business, receivables, and authority
8. Client Undertakings: Ongoing obligations of the client regarding operations and information
9. Factor's Rights and Obligations: Rights and duties of the factor including collection rights
10. Security and Collateral: Security arrangements supporting the factoring relationship
11. Events of Default: Circumstances constituting default and consequences
12. Termination: Terms for ending the agreement and post-termination obligations
13. Indemnification: Mutual indemnification provisions
14. Confidentiality: Protection of confidential information
15. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction provisions
16. General Provisions: Standard boilerplate clauses including notices, amendments, assignment
1. Notification and Communication with Debtors: Required if notification to debtors is part of the arrangement
2. International Factoring Provisions: Required for cross-border receivables and international debtors
3. Credit Insurance: Required if credit insurance is part of the factoring arrangement
4. Electronic Platform and Systems: Required if specific electronic systems are used for invoicing and management
5. Industry-Specific Requirements: Special provisions for specific industries (e.g., construction, government contracts)
6. Debtor Credit Limits: Required if the factor provides debtor credit limit services
7. Compliance with Shariah: Required if the agreement needs to be Shariah-compliant
1. Schedule 1 - Eligibility Criteria: Detailed criteria for acceptable receivables
2. Schedule 2 - Fees and Charges: Detailed breakdown of all fees, charges, and discount rates
3. Schedule 3 - Operational Procedures: Detailed procedures for submission, verification, and funding of receivables
4. Schedule 4 - Form of Notice of Assignment: Standard form for notifying debtors of the assignment
5. Schedule 5 - Approved Debtors: List of approved debtors and their credit limits
6. Schedule 6 - Required Documents: List of documents required for verification of receivables
7. Schedule 7 - Reporting Requirements: Forms and timing of required reports
8. Appendix A - Power of Attorney: Form of power of attorney for collection purposes
9. Appendix B - Standard Forms: Collection of standard forms used in the factoring relationship
Authors
Manufacturing
Trading
Distribution
Construction
Technology
Textile
Electronics
Automotive
Consumer Goods
Healthcare
Agriculture
Logistics
Retail
Legal
Finance
Treasury
Accounts Receivable
Credit Control
Compliance
Risk Management
Operations
Commercial
Business Development
Chief Financial Officer
Finance Director
Treasury Manager
Finance Manager
Accounts Receivable Manager
Credit Controller
Legal Counsel
Compliance Officer
Commercial Director
Business Development Manager
Risk Manager
Operations Manager
Financial Controller
Company Secretary
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