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Master Factoring Agreement Template for Malaysia

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Key Requirements PROMPT example:

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."

Document background
The Master Factoring Agreement serves as the foundational document for factoring relationships in Malaysia, enabling businesses to obtain financing by selling their accounts receivable to financial institutions. This agreement type is crucial for companies seeking working capital solutions and is structured to comply with Malaysian financial regulations, including the Financial Services Act 2013 and relevant Bank Negara Malaysia guidelines. The document establishes the framework for multiple receivables purchases, setting out detailed procedures for assessment, purchase, and collection of receivables while allocating risks and responsibilities between parties. It includes comprehensive provisions for ongoing operational requirements, security arrangements, and compliance obligations, making it suitable for long-term factoring relationships under Malaysian jurisdiction.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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




































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Relevant Industries

Manufacturing

Trading

Distribution

Construction

Technology

Textile

Electronics

Automotive

Consumer Goods

Healthcare

Agriculture

Logistics

Retail

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

Finance Manager

Accounts Receivable Manager

Credit Controller

Legal Counsel

Compliance Officer

Commercial Director

Business Development Manager

Risk Manager

Operations Manager

Financial Controller

Company Secretary

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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