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Account Receivable Purchase Agreement Template for Australia

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Key Requirements PROMPT example:

Account Receivable Purchase Agreement

"Need an Account Receivable Purchase Agreement for an Australian mining company selling receivables to a Singapore-based financial institution, with credit insurance requirements and a facility limit of AUD 50 million."

Document background
The Account Receivable Purchase Agreement is utilized when a business seeks to improve its working capital position by selling its accounts receivable to a financial institution at a discount. This arrangement, common in Australian business practice, allows companies to receive immediate cash for their receivables rather than waiting for customer payment. The agreement comprehensively covers the mechanics of the purchase, including purchase price calculations, representations about the quality of receivables, operational procedures for ongoing purchases, and compliance with Australian regulatory requirements. It's particularly relevant for businesses with significant B2B transactions or those seeking to optimize their working capital cycle. The document must comply with Australian federal laws, including the Personal Property Securities Act 2009 (Cth), and typically includes provisions for security interest registration, credit insurance (if applicable), and servicing arrangements.
Suggested Sections

1. Parties: Identifies the seller (original creditor) and purchaser (factor) of the receivables

2. Background: Sets out the context of the agreement, including the seller's business and the purpose of the receivables purchase arrangement

3. Definitions: Defines key terms used throughout the agreement, including 'Eligible Receivables', 'Purchase Price', 'Discount Rate', etc.

4. Purchase and Sale: Core provisions regarding the sale and assignment of receivables, including the true sale nature of the transaction

5. Purchase Price and Payment: Details the calculation of purchase price, discount rate, and payment mechanics

6. Eligibility Criteria: Specifies the criteria that receivables must meet to be eligible for purchase

7. Representations and Warranties: Seller's representations regarding their business, authority, and the receivables being sold

8. Covenants: Ongoing obligations of the seller, including maintenance of records and notification requirements

9. Servicing Arrangements: Provisions regarding the collection and administration of the purchased receivables

10. Events of Default: Circumstances constituting default and consequences thereof

11. Termination: Provisions for ending the agreement and post-termination obligations

12. General Provisions: Standard boilerplate clauses including notices, amendments, governing law, etc.

Optional Sections

1. Credit Insurance: Required when receivables are covered by credit insurance, specifying requirements and arrangements

2. Cross-Border Provisions: Needed when the receivables or debtors are located in different jurisdictions

3. Electronic Trading Platform: Required when the parties use an electronic platform for receivables trading

4. Reserve Account: Used when a reserve mechanism is implemented to secure the seller's obligations

5. Debtor Notification: Specific provisions regarding if and when debtors should be notified of the assignment

6. Guarantees: Required when there are parent company or third-party guarantees

7. Subordination: Needed when there are other creditors requiring subordination arrangements

8. Recourse Provisions: Optional provisions specifying any recourse rights against the seller

Suggested Schedules

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

2. Form of Purchase Request: Template for seller to request purchase of receivables

3. Pricing Schedule: Detailed pricing methodology, discount rates, and fees

4. Approved Debtors: List of pre-approved debtors and their credit limits

5. Operating Procedures: Detailed procedures for day-to-day operations

6. Form of Reports: Templates for required reporting

7. Form of Notice of Assignment: Template for notifying debtors of the assignment

8. Required Documents: List of documents required for each receivable purchase

9. Service Level Requirements: Detailed servicing standards and requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Wholesale Trade

Construction

Transportation and Logistics

Professional Services

Healthcare

Technology

Retail

Agriculture

Mining and Resources

Energy

Telecommunications

Relevant Teams

Finance

Legal

Treasury

Credit Management

Accounts Receivable

Operations

Risk Management

Compliance

Commercial

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Manager

Accounts Receivable Manager

Commercial Director

Legal Counsel

Compliance Officer

Financial Controller

Working Capital Manager

Operations Manager

Risk Manager

Company Secretary

Business Development Manager

Relationship Manager

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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