Trade Finance Agreement

Trade Finance Agreement Template for Denmark

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Document background

The Trade Finance Agreement is a crucial document used to establish and govern trade finance relationships between financial institutions and businesses operating under Danish jurisdiction. It is particularly relevant for companies engaged in international trade requiring financing solutions such as letters of credit, guarantees, invoice financing, or supply chain finance. The agreement encompasses comprehensive provisions compliant with Danish financial regulations and EU requirements, making it suitable for both domestic and cross-border trade transactions. This document is essential when parties need to formalize their trade finance relationship, establish credit facilities, define security arrangements, and set out operational procedures for trade finance instruments. The agreement's structure reflects Danish market practice while incorporating international trade finance standards and customs.

Suggested Sections

1. Parties: Identification of all parties to the agreement, including the financial institution, borrower, and any guarantors

2. Background: Context of the trade finance arrangement and the commercial relationship between the parties

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Facility and Purpose: Description of the trade finance facility, its type, and permitted purposes

5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available

6. Utilization: Procedures and requirements for drawing down the facility

7. Interest and Fees: Interest rates, calculation methods, and all applicable fees

8. Repayment Terms: Repayment schedule, methods, and prepayment provisions

9. Security: Security arrangements and collateral requirements

10. Representations and Warranties: Statements of fact and assurances given by the borrower

11. Covenants: Ongoing obligations and restrictions on the borrower's activities

12. Events of Default: Circumstances constituting default and consequences

13. Payments and Calculations: Payment mechanics, currency provisions, and calculation conventions

14. Changes to Parties: Assignment and transfer provisions

15. Notices: Communication requirements and contact details

16. Governing Law and Jurisdiction: Choice of law and dispute resolution provisions

Optional Sections

1. Trade Finance Documents: Specific provisions regarding letters of credit, guarantees, or other trade instruments - used when specific trade finance products are part of the facility

2. Risk Participation: Terms for other financial institutions' participation in the facility - included when risk sharing is involved

3. Electronic Platforms: Provisions regarding the use of electronic trade platforms - included when electronic trading or documentation systems are used

4. Sanctions and Anti-Money Laundering: Detailed compliance requirements - expanded section when dealing with high-risk jurisdictions or industries

5. Islamic Finance Provisions: Specific provisions to ensure Shariah compliance - included when Islamic finance principles need to be observed

6. Supply Chain Finance: Specific provisions for supply chain financing arrangements - included when the facility includes supply chain finance products

7. Insurance: Detailed insurance requirements - included when specific insurance coverage is crucial to the facility

Suggested Schedules

1. Facility Details: Detailed terms of the facility including limits, pricing, and specific products

2. Forms of Utilization Requests: Standard forms for requesting drawdowns or specific trade finance instruments

3. Conditions Precedent Documents: List of required documents and evidence to be provided

4. Security Documents: Forms of security documents and security details

5. Permitted Trade Finance Products: List and description of permitted trade finance instruments and products

6. Fee Schedule: Detailed breakdown of all fees and charges

7. Form of Compliance Certificate: Template for periodic compliance reporting

8. Processing Requirements: Operational procedures and requirements for trade finance transactions

9. Authorized Signatories: List of persons authorized to act on behalf of each party

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