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Factoring Receivables Agreement
"I need a Factoring Receivables Agreement under Hong Kong law for a manufacturing company selling its receivables to a bank, with recourse provisions and a maximum facility limit of HKD 50 million, including specific provisions for cross-border receivables from mainland China."
1. Parties: Identification of the Factor and the Client (seller of receivables)
2. Background: Context of the agreement and basic commercial understanding between the parties
3. Definitions and Interpretation: Key terms used throughout the agreement, including 'Eligible Receivables', 'Purchase Price', 'Advance Rate', etc.
4. Sale and Purchase of Receivables: Core provisions regarding the sale and assignment of receivables, including true sale provisions
5. Purchase Price and Payment Terms: Calculation of purchase price, advance rate, reserves, and payment mechanics
6. Eligibility Criteria: Criteria for receivables to qualify for purchase under the agreement
7. Client Representations and Warranties: Standard and specific representations regarding the business and receivables
8. Client Covenants: Ongoing obligations of the client including information provision and operational requirements
9. Factor's Rights and Obligations: Key rights and responsibilities of the factor
10. Collection and Application of Receivables: Process for collecting receivables and applying proceeds
11. Events of Default: Circumstances constituting default and consequences
12. Termination: Terms for ending the agreement and post-termination obligations
13. Confidentiality: Provisions regarding confidential information and its protection
14. Notices: Communication procedures between parties
15. General Provisions: Standard boilerplate clauses including governing law, assignment, amendments
1. Recourse Provisions: Used when the agreement includes recourse rights against the client for unpaid receivables
2. Credit Insurance: Required when receivables are covered by credit insurance
3. Security Arrangements: Needed when additional security is required beyond the receivables assignment
4. Electronic Platform Terms: Required when using an electronic platform for receivables submission and management
5. Cross-Border Provisions: Needed when dealing with international receivables
6. Industry-Specific Terms: Required for specific industries with unique requirements or regulations
7. Customer Notification Requirements: Detailed requirements when customer notification is required for the assignment
8. Service Level Requirements: Used when specific service levels are required for collection or processing
1. Schedule 1 - Receivables Submission Procedure: Detailed process for submitting receivables for purchase
2. Schedule 2 - Eligibility Criteria Details: Detailed list of criteria for eligible receivables
3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees and charges
4. Schedule 4 - Form of Notification to Debtors: Standard form for notifying debtors of the assignment
5. Schedule 5 - Operational Procedures: Detailed day-to-day operational procedures
6. Schedule 6 - Form of Receivables Schedule: Template for listing receivables offered for sale
7. Schedule 7 - Required Reports: Templates and requirements for regular reporting
8. Appendix A - Power of Attorney: Standard form of power of attorney for collections
9. Appendix B - Compliance Requirements: Detailed compliance and regulatory requirements
Authors
Manufacturing
Wholesale Trade
Retail
Textiles
Electronics
Import/Export
Logistics
Construction
Professional Services
Healthcare
Technology
Telecommunications
Food and Beverage
Trading Companies
Finance
Treasury
Legal
Compliance
Credit Control
Accounts Receivable
Operations
Risk Management
Commercial
Business Development
Portfolio Management
Chief Financial Officer
Finance Director
Treasury Manager
Credit Manager
Accounts Receivable Manager
Financial Controller
Risk Manager
Commercial Director
Legal Counsel
Compliance Officer
Operations Manager
Credit Controller
Business Development Manager
Relationship Manager
Portfolio Manager
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