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Prepaid Forward Purchase Agreement for United Arab Emirates

Prepaid Forward Purchase Agreement Template for United Arab Emirates

A commercial agreement governed by UAE law that establishes a forward purchase arrangement where the buyer makes an advance payment for assets to be delivered at a future date. The document incorporates UAE legal requirements, including potential Sharia compliance considerations, and details the payment mechanics, delivery obligations, price adjustment mechanisms, and risk allocation between parties. It includes specific provisions addressing UAE regulatory requirements, ensuring compliance with local financial regulations and the UAE Civil Code.

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Prepaid Forward Purchase Agreement

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What is a Prepaid Forward Purchase Agreement?

The Prepaid Forward Purchase Agreement is a sophisticated financial instrument used in the UAE market when parties wish to structure a transaction involving advance payment for future delivery of assets. This document type is particularly relevant in commodities, energy, and financial markets where parties seek to lock in prices and secure future deliveries while managing cash flow timing. The agreement must comply with UAE law, including Federal Law No. 5 of 1985 (Civil Code) and Federal Law No. 18 of 1993 (Commercial Transactions Law), and may need to incorporate Sharia compliance elements. It typically includes detailed provisions on payment mechanics, delivery specifications, price adjustments, and risk allocation, making it suitable for complex commercial transactions in the UAE market.

What sections should be included in a Prepaid Forward Purchase Agreement?

1. Parties: Identifies and provides details of the buyer and seller entering into the agreement

2. Background: Sets out the context and commercial intent of the transaction

3. Definitions: Defines key terms used throughout the agreement

4. Sale and Purchase Obligation: Core provisions detailing the forward purchase commitment and delivery obligations

5. Prepayment Terms: Details of the advance payment, including amount, timing, and payment mechanics

6. Delivery Terms: Specifications for delivery of the underlying asset, including timing, location, and quality requirements

7. Price Adjustment Mechanisms: Provisions for adjusting the final price based on agreed parameters or market conditions

8. Representations and Warranties: Standard and transaction-specific representations and warranties from both parties

9. Conditions Precedent: Conditions that must be satisfied before the agreement becomes effective

10. Covenants: Ongoing obligations of the parties during the term of the agreement

11. Events of Default: Circumstances constituting default and corresponding remedies

12. Termination: Grounds for termination and the consequences thereof

13. Force Majeure: Provisions dealing with unforeseen events affecting performance

14. Governing Law and Jurisdiction: Specifies UAE law as governing law and relevant jurisdiction for disputes

15. Notices: Communication requirements and contact details

16. General Provisions: Standard boilerplate clauses including assignment, amendments, and severability

What sections are optional to include in a Prepaid Forward Purchase Agreement?

1. Sharia Compliance: Required if the transaction needs to be Sharia-compliant, detailing relevant principles and compliance mechanisms

2. Security Arrangements: Required if additional security or collateral is being provided

3. Tax Provisions: Detailed tax provisions required if cross-border elements or specific tax implications exist

4. Regulatory Compliance: Specific provisions required if the underlying asset or transaction is subject to particular regulatory oversight

5. Market Disruption: Required for transactions dependent on market prices or indices

6. Hedging Obligations: Required if parties have specific hedging requirements or restrictions

7. Islamic Banking Provisions: Required if one or more parties are Islamic banking institutions

What schedules should be included in a Prepaid Forward Purchase Agreement?

1. Commercial Terms Schedule: Detailed commercial terms including pricing formulae, payment dates, and delivery specifications

2. Asset Specifications: Detailed technical specifications of the underlying asset

3. Form of Notices: Standard forms for key notices under the agreement

4. Calculation Methods: Detailed methodology for price calculations and adjustments

5. Required Documents: List and forms of documents required for closing and delivery

6. Security Documents: Forms of any security documents if applicable

7. Sharia Structure Diagram: Visual representation of the Islamic finance structure if applicable

8. Contact Details: Detailed contact information for all relevant parties and representatives

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Document Type

Purchase Agreement

Cost

Free to use
Relevant legal definitions
























































Clauses




































Relevant Industries

Commodities Trading

Energy

Financial Services

Mining

Agriculture

Manufacturing

Islamic Finance

Investment Banking

Asset Management

International Trade

Relevant Teams

Legal

Treasury

Trading

Risk Management

Compliance

Finance

Operations

Islamic Finance

Commercial

Business Development

Contract Management

Relevant Roles

Chief Financial Officer

Treasury Manager

Trading Director

Commercial Director

Legal Counsel

Risk Manager

Compliance Officer

Islamic Finance Specialist

Structured Finance Manager

Operations Manager

Contract Manager

Finance Director

Trading Manager

Business Development Director

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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