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Trade Finance Agreement Template for England and Wales

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Key Requirements PROMPT example:

Trade Finance Agreement

"Need a Trade Finance Agreement for our UK manufacturing company to secure a £5 million trade facility from HSBC, primarily for financing export operations to Asia, with specific provisions for letters of credit and export documentary collections to be included."

What is a Trade Finance Agreement?

Trade Finance Agreements are essential documents used to facilitate international trade by providing businesses with necessary financing for import/export activities. These agreements, governed by English and Welsh law, set out the complete framework for trade finance facilities, including documentary credits, guarantees, and working capital solutions. The Trade Finance Agreement includes detailed provisions for facility utilization, security arrangements, compliance requirements, and risk allocation between parties, while ensuring adherence to UK financial regulations and international trade standards.

What sections should be included in a Trade Finance Agreement?

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

2. Background: Context of the trade finance arrangement and purpose of the facility

3. Definitions: Key terms used throughout the agreement including references to relevant legislation and regulatory requirements

4. Facility Terms: Amount, purpose, and type of trade finance facility

5. Conditions Precedent: Prerequisites for drawdown including regulatory compliance requirements

6. Representations and Warranties: Statements of fact by the borrower including compliance with relevant laws and regulations

7. Covenants: Ongoing obligations of the borrower including regulatory compliance obligations

8. Events of Default: Circumstances triggering default including regulatory breaches

9. Governing Law and Jurisdiction: Choice of law (England and Wales) and jurisdiction of courts

What sections are optional to include in a Trade Finance Agreement?

1. Security Provisions: Details of any security arrangements - used when facility is secured

2. Guarantees: Terms of any guarantees - included when third-party guarantees are provided

3. Insurance Requirements: Specific insurance obligations - included when specific insurance coverage is required

4. Sanctions and Anti-Money Laundering: Specific provisions relating to sanctions and AML requirements - included for higher risk transactions

What schedules should be included in a Trade Finance Agreement?

1. Form of Drawdown Request: Standard form for requesting utilization of the facility

2. Form of Trade Documents: Templates for required trade documentation

3. Conditions Precedent Documents: List of required documents prior to first drawdown

4. Pricing Schedule: Detailed breakdown of fees and charges

5. Security Documents: Forms of security documentation if applicable

6. Regulatory Compliance Checklist: Checklist of regulatory requirements and compliance procedures

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

























































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Industries

Financial Services and Markets Act 2000: Primary legislation that regulates financial services and markets in the UK, setting requirements for authorized firms engaging in regulated financial activities

Bills of Exchange Act 1882: Historic legislation governing negotiable instruments, documentary credits and bills of exchange in international trade financing

Sale of Goods Act 1979: Core legislation governing contracts for the sale of goods and underlying trade transactions

Contracts (Rights of Third Parties) Act 1999: Legislation governing assignability and third-party rights in contractual arrangements

Money Laundering Regulations 2017: Key anti-money laundering regulations setting out requirements for financial institutions and regulated entities

Proceeds of Crime Act 2002: Criminal law statute dealing with money laundering and proceeds of crime, relevant for due diligence in trade finance

Terrorism Act 2000: Legislation addressing terrorist financing, requiring specific checks and controls in financial transactions

UCP 600: Uniform Customs and Practice for Documentary Credits - International chamber of commerce rules governing letters of credit

URDG 758: Uniform Rules for Demand Guarantees - International standards for demand guarantees and counter-guarantees

ISP98: International Standby Practices - Rules governing standby letters of credit

Consumer Credit Act 1974: Legislation governing credit arrangements, potentially applicable if trade finance involves consumer credit elements

Enterprise Act 2002: Legislation affecting business practices and competition law aspects of trade finance

Unfair Contract Terms Act 1977: Legislation controlling unfair terms in contracts, particularly relevant for standard form agreements

Financial Collateral Arrangements (No.2) Regulations 2003: Regulations governing financial collateral arrangements in security and title transfer arrangements

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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