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Account Receivable Purchase Agreement

Account Receivable Purchase Agreement Template for Austria

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Key Requirements PROMPT example:

Account Receivable Purchase Agreement

"I need an Account Receivable Purchase Agreement under Austrian law for a manufacturing company selling domestic B2B receivables, with a maximum facility amount of 鈧5 million and including specific provisions for machinery sector payment terms and retention of title clauses."

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Document background
The Account Receivable Purchase Agreement is essential for businesses seeking to improve their working capital management through factoring in Austria. This agreement is commonly used when a company wishes to monetize its accounts receivable by selling them to a financial institution (factor) at a discount. The document comprehensively addresses all aspects of the factoring relationship, including assignment mechanics, purchase price calculations, representations and warranties, and operational procedures. It must comply with Austrian banking regulations (BWG), civil law requirements (ABGB), and commercial code provisions (UGB). The agreement is particularly important for businesses with significant B2B receivables and those requiring efficient working capital solutions. It includes specific provisions for Austrian law compliance, data protection requirements, and financial services regulations.
Suggested Sections

1. Parties: Identification of the Factor (Purchaser) and the Seller (Client)

2. Background: Context of the agreement and general business purpose

3. Definitions and Interpretation: Key terms including Eligible Receivables, Purchase Price, Collection Period, etc.

4. Purchase and Assignment of Receivables: Core provisions regarding the assignment and transfer of receivables

5. Purchase Price and Payment Terms: Calculation of purchase price, discounts, reserves, and payment mechanics

6. Eligibility Criteria: Requirements for receivables to qualify for purchase

7. Representations and Warranties: Seller's assertions regarding business, receivables, and authority

8. Servicing and Collections: Process for managing and collecting receivables

9. Information and Reporting Requirements: Seller's obligations to provide information and reports

10. Data Protection and Confidentiality: GDPR compliance and confidentiality obligations

11. Events of Default: Circumstances constituting default and consequences

12. Term and Termination: Duration, renewal, and termination provisions

13. Governing Law and Jurisdiction: Austrian law application and dispute resolution

Optional Sections

1. Credit Insurance: Required if receivables are to be credit insured

2. Electronic Platform: Include when using electronic systems for receivables management

3. Cross-Border Provisions: Required for international receivables

4. Undisclosed Factoring Terms: Include for confidential factoring arrangements

5. Supply Chain Finance Provisions: Add for supply chain finance programs

6. Recourse Provisions: Include for recourse factoring arrangements

7. Parent Company Guarantee: Required when parent company guarantee is part of the structure

Suggested Schedules

1. Schedule 1 - Eligible Receivables Criteria: Detailed criteria for acceptable receivables

2. Schedule 2 - Pricing and Fees: Detailed fee structure and calculation methods

3. Schedule 3 - Operational Procedures: Daily operational processes and requirements

4. Schedule 4 - Form of Assignment Notice: Template for individual assignments

5. Schedule 5 - Reporting Requirements: Templates and timing for required reports

6. Schedule 6 - Excluded Debtors: List of debtors whose receivables are not eligible

7. Appendix A - Data Protection Requirements: Detailed GDPR compliance procedures

8. Appendix B - Know Your Customer Requirements: AML and KYC documentation requirements

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

alex.den.21@genieai.co
Relevant legal definitions






















































Clauses






































Relevant Industries

Manufacturing

Wholesale Trade

Retail

Construction

Transportation and Logistics

Technology and Software

Healthcare

Professional Services

Industrial Equipment

Automotive

Textiles

Food and Beverage

Agriculture

Energy

Relevant Teams

Finance

Legal

Treasury

Credit Control

Accounts Receivable

Operations

Compliance

Risk Management

Commercial

Business Development

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Manager

Accounts Receivable Manager

Financial Controller

Legal Counsel

Compliance Officer

Risk Manager

Operations Manager

Commercial Director

Business Development Manager

Working Capital 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, 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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