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Debt Factoring Agreement Template for New Zealand

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Key Requirements PROMPT example:

Debt Factoring Agreement

"I need a Debt Factoring Agreement for my manufacturing company based in Auckland, with non-recourse terms and a minimum facility size of NZD 5 million, including specific provisions for export receivables and cross-border transactions."

Document background
The Debt Factoring Agreement is a crucial financial instrument used in New Zealand when businesses seek to improve their working capital position by selling their accounts receivable to a specialized financial institution. This agreement is particularly relevant in situations where companies need immediate access to cash flow rather than waiting for customer payments, or where they want to outsource their debtor management. The document comprehensively covers the mechanics of receivables assignment, pricing structures, operational procedures, and risk allocation, all while ensuring compliance with New Zealand's financial services regulations, including the Financial Service Providers (Registration and Dispute Resolution) Act 2008 and related legislation. It's commonly used across various industries where businesses have significant accounts receivable and need efficient working capital management solutions.
Suggested Sections

1. Parties: Identifies the factor and the client company

2. Background: Sets out the context of the agreement, including the client's business and desire to factor receivables

3. Definitions and Interpretation: Defines key terms and interpretation rules for the agreement

4. Appointment and Scope: Establishes the factor's appointment and the scope of factoring services

5. Assignment of Receivables: Details the mechanism and terms for assigning receivables to the factor

6. Purchase Price and Payment Terms: Specifies how purchase price is calculated and payment mechanisms

7. Client Warranties and Representations: Sets out client's warranties regarding the receivables and business

8. Factor's Rights and Obligations: Details the factor's rights in collecting debts and managing the relationship

9. Client's Ongoing Obligations: Specifies client's continuing obligations regarding debt management and reporting

10. Collection and Management of Receivables: Procedures for collecting and managing assigned receivables

11. Security and Charge: Details any security interests granted to the factor

12. Fees and Charges: Comprehensive breakdown of all fees and charges

13. Default and Consequences: Defines events of default and their consequences

14. Termination: Provisions for termination and post-termination procedures

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

Optional Sections

1. Recourse Provisions: Required for recourse factoring arrangements where the client retains credit risk

2. Credit Insurance: Include when credit insurance is required or provided

3. Cross-Border Provisions: Required when factoring involves international receivables

4. Trust Account Arrangements: Include when separate trust accounts are required for collections

5. Electronic Trading Platform: Include when factoring services are provided through an electronic platform

6. Confidentiality and Data Protection: Detailed section required when handling sensitive commercial or personal data

7. Parent Company Guarantee: Include when additional security through parent company is required

Suggested Schedules

1. Schedule 1 - Eligibility Criteria: Criteria for acceptable receivables

2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, charges, and discount rates

3. Schedule 3 - Operational Procedures: Detailed procedures for submission, verification, and management of receivables

4. Schedule 4 - Form of Notice of Assignment: Template notice to be sent to debtors

5. Schedule 5 - Approved Debtors: List of pre-approved debtors and their credit limits

6. Schedule 6 - Required Reports: Templates and requirements for regular reporting

7. Schedule 7 - Power of Attorney: Form of power of attorney for debt collection

8. Appendix A - Collection Procedures: Detailed procedures for debt collection

9. Appendix B - Required Documents: List and formats of required supporting documents

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


















































Clauses



































Relevant Industries

Manufacturing

Wholesale Trade

Retail

Construction

Transportation and Logistics

Professional Services

Healthcare

Technology

Agriculture

Export and Import

Telecommunications

Industrial Services

Relevant Teams

Finance

Legal

Treasury

Credit Control

Accounts Receivable

Risk Management

Operations

Compliance

Commercial

Collections

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Controller

Accounts Receivable Manager

Commercial Director

Financial Controller

Risk Manager

Operations Manager

Credit Risk Analyst

Legal Counsel

Compliance Officer

Business Development Manager

Relationship Manager

Collections 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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