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Accounts Receivable Assignment Agreement
"I need a Dutch law Accounts Receivable Assignment Agreement for my manufacturing company to assign €2.5M worth of receivables to a factoring company, with the agreement to be effective from March 1, 2025 and including specific provisions for electronic invoicing."
1. Parties: Identification of the Assignor and Assignee, including full legal names, registration details, and addresses
2. Background: Context of the assignment, relationship between parties, and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement, including 'Receivables', 'Debtors', 'Assignment Date', etc.
4. Assignment: Core provision effecting the transfer of receivables, including the scope and nature of the assignment (absolute or for security purposes)
5. Consideration: Details of the purchase price or other consideration for the assignment
6. Representations and Warranties: Assignor's warranties regarding ownership, existence, and quality of receivables
7. Notification and Perfection: Requirements and process for notifying debtors and perfecting the assignment under Dutch law
8. Payment Mechanics: Procedures for handling payments, including bank account details and payment instructions
9. Further Assurance: Obligations to execute additional documents or take actions to perfect the assignment
10. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. Security Provisions: Required when the assignment is for security purposes rather than an absolute assignment
2. Data Protection: Required when personal data is involved in the assigned receivables
3. True Sale Provisions: Required for securitization transactions to establish true sale characteristics
4. Collection Rights: Optional section detailing who has the right to collect receivables and under what conditions
5. Buy-Back Provisions: Optional section for situations where the Assignor may repurchase the receivables
6. Credit Risk Provisions: Required when there are specific arrangements regarding credit risk allocation
7. Electronic Invoicing: Required when receivables involve electronic invoicing systems
1. Schedule 1 - List of Receivables: Detailed list of assigned receivables including debtor details, amounts, due dates
2. Schedule 2 - Form of Notice to Debtors: Template notification letter to be sent to debtors as required by Dutch law
3. Schedule 3 - Payment Instructions: Detailed payment and bank account information
4. Schedule 4 - Form of Assignment Deed: Template deed of assignment meeting Dutch legal requirements
5. Schedule 5 - Eligibility Criteria: Criteria that receivables must meet to be included in the assignment
6. Appendix A - Power of Attorney: Form of power of attorney for executing required documents
7. Appendix B - Debtor Notification Procedures: Detailed procedures for notifying debtors of the assignment
Authors
Banking & Financial Services
Manufacturing
Wholesale & Distribution
Professional Services
Technology
Healthcare
Construction
Retail
Energy & Utilities
Telecommunications
Transportation & Logistics
Legal
Finance
Treasury
Credit Control
Accounts Receivable
Risk Management
Commercial
Business Development
Operations
Chief Financial Officer
Finance Director
Treasury Manager
Credit Controller
Accounts Receivable Manager
Legal Counsel
Corporate Lawyer
Finance Manager
Commercial Director
Risk Manager
Transaction Manager
Business Development Manager
Financial Controller
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