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Payment Undertaking Agreement for the United Kingdom

Payment Undertaking Agreement Template for England and Wales

A Payment Undertaking Agreement is a legally binding document governed by the laws of England and Wales, which establishes a formal commitment by one party to make specified payments to another party. The agreement details payment terms, conditions, timing, and consequences of default, while incorporating relevant provisions under English commercial law, including the Late Payment of Commercial Debts (Interest) Act 1998 and associated regulations. It may include security arrangements and third-party guarantees where applicable.

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Payment Undertaking Agreement

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What is a Payment Undertaking Agreement?

The Payment Undertaking Agreement serves as a crucial financial instrument in commercial transactions where structured payment commitments are required. It provides legal certainty and enforceability under English and Welsh law, particularly valuable in complex commercial arrangements, project financing, or trade transactions. The agreement typically includes detailed payment schedules, default provisions, and may incorporate security arrangements or guarantees. This document is especially relevant when parties need a standalone payment commitment that's separate from their primary commercial agreements.

What sections should be included in a Payment Undertaking Agreement?

1. Parties: Identification and details of all parties to the agreement

2. Background: Context and purpose of the payment undertaking

3. Definitions: Key terms used throughout the agreement

4. Payment Obligations: Core payment terms, amounts, and timing

5. Payment Mechanics: Method and process of payment

6. Representations and Warranties: Standard confirmations from parties

7. Events of Default: Circumstances constituting default and consequences

8. Governing Law and Jurisdiction: Confirmation of English and Welsh law application

What sections are optional to include in a Payment Undertaking Agreement?

1. Security Provisions: Details of any security arrangements - include when payment is secured against assets

2. Guarantee Provisions: Terms of any guarantee - include when payment is guaranteed by a third party

3. Interest Provisions: Terms for interest calculation and payment - include when interest is applicable

4. Set-off Rights: Rights to set off amounts between parties - include when parties have multiple payment obligations

What schedules should be included in a Payment Undertaking Agreement?

1. Payment Schedule: Detailed breakdown of payment amounts and dates

2. Form of Payment Notice: Template for payment notifications

3. Security Documents: Details of any security arrangements if applicable

4. Calculation of Interest: Methodology for interest calculations if applicable

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

Jurisdiction

England and Wales

Document Type

Payment Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions

























Clauses


























Industries

Contracts Act 1999: Primary legislation governing contract formation and enforcement in England and Wales

Late Payment of Commercial Debts (Interest) Act 1998: Legislation governing interest charges on late commercial payments and providing statutory framework for payment terms

Bills of Exchange Act 1882: Legislation governing negotiable instruments and payment methods, relevant if specific payment instruments are involved

Consumer Credit Act 1974: Legislation protecting consumers in credit arrangements, applicable if one party is a consumer

Financial Services and Markets Act 2000: Primary legislation for financial services regulation in the UK, establishing regulatory framework

Common Law Contract Principles: Fundamental principles including offer, acceptance, consideration, and intention to create legal relations

Contractual Interpretation Principles: Legal principles governing how courts interpret contractual terms and provisions

Doctrine of Privity: Legal principle stating that a contract cannot confer rights or impose obligations on anyone except the parties to the contract

UK Payment Services Regulations 2017: Regulations governing payment services, including requirements for payment service providers

Money Laundering Regulations 2017: Regulations requiring procedures to prevent and detect money laundering in financial transactions

GDPR and Data Protection Act 2018: Legislation governing the processing and protection of personal data in financial transactions

FCA Regulations: Financial Conduct Authority regulations governing financial services and consumer protection

Teams

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