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Accounts Receivable Agreement
"I need an Accounts Receivable Agreement for a New Zealand manufacturing company selling its receivables to a local bank, with a facility limit of NZD 5 million and basic security arrangements, to be effective from March 2025."
1. Parties: Identifies the parties to the agreement - typically the receivables purchaser/financier and the seller/client
2. Background: Sets out the context of the agreement, including the seller's business and desire to sell/finance receivables
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles
4. Sale and Purchase of Receivables: Core provisions regarding the sale/financing of receivables, including transfer mechanics and pricing
5. Eligibility Criteria: Specifies the criteria that receivables must meet to be eligible for purchase/financing
6. Representations and Warranties: Seller's representations regarding their business, receivables, and authority to enter the agreement
7. Operational Covenants: Ongoing obligations regarding receivables management, collections, and reporting
8. Security and Credit Support: Provisions relating to security interests and registration under the PPSA
9. Events of Default: Lists circumstances constituting default and corresponding remedies
10. Fees and Expenses: Details of all fees, charges, and expense allocation
11. Termination: Provisions for terminating the agreement and post-termination obligations
12. General Provisions: Standard boilerplate clauses including notices, amendments, governing law
1. Credit Insurance: Required when receivables are covered by credit insurance, detailing insurance requirements and claims process
2. Trust Provisions: Used when collections are held on trust pending settlement
3. Undisclosed Assignment: Included when the assignment of receivables is not disclosed to underlying debtors
4. Cross-Border Provisions: Required when dealing with international receivables or parties
5. Electronic Trading Platform: Needed when using an electronic platform for receivables submission and trading
6. Debtor Concentration Limits: Used when implementing limits on exposure to individual debtors
7. Special Servicing Provisions: Required when third-party servicers are involved in collections
1. Eligibility Criteria Schedule: Detailed list of criteria for acceptable receivables
2. Pricing Schedule: Detailed pricing methodology and calculations
3. Operational Procedures: Detailed procedures for submission, verification, and funding of receivables
4. Form of Offer Notice: Template for offering receivables for sale/financing
5. Form of Assignment: Template deed of assignment for receivables
6. Reporting Requirements: Templates and requirements for periodic reporting
7. Approved Debtor List: List of pre-approved debtors and their credit limits
8. Collection Account Details: Details of designated collection accounts and payment instructions
Authors
Financial Services
Manufacturing
Wholesale Trade
Retail
Professional Services
Construction
Technology
Healthcare
Agriculture
Transport and Logistics
Mining and Resources
Finance
Treasury
Legal
Risk Management
Operations
Credit
Collections
Accounts Receivable
Commercial
Compliance
Chief Financial Officer
Finance Director
Treasury Manager
Credit Manager
Accounts Receivable Manager
Financial Controller
Commercial Director
Legal Counsel
Risk Manager
Operations Manager
Transaction Manager
Portfolio Manager
Relationship Manager
Credit Analyst
Collections Manager
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