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Trade Finance Agreement

Trade Finance Agreement Template for Switzerland

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Key Requirements PROMPT example:

Trade Finance Agreement

"I need a Trade Finance Agreement under Swiss law for a manufacturing company, with a facility limit of CHF 10 million, including provisions for both letters of credit and bank guarantees, to be effective from March 1, 2025."

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Document background
The Trade Finance Agreement is a sophisticated financial instrument used in Switzerland and international markets to facilitate cross-border trade and commerce. It serves as the primary contractual framework between financial institutions and businesses engaged in international trade, providing essential financing solutions for import/export operations, working capital, and supply chain financing. The agreement, governed by Swiss law, typically includes detailed provisions for various trade finance products, risk management measures, and security arrangements. It must comply with Swiss banking regulations, including the Federal Banking Act and FINMA requirements, while also considering international trade practices such as UCP 600 for letters of credit. This document is particularly valuable for businesses requiring structured financing for their international trade operations, offering flexibility through various trade finance instruments while maintaining the security and reliability associated with Swiss financial regulations.
Suggested Sections

1. Parties: Identification of the financial institution(s), borrower(s), and any guarantors

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

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

4. Facility: Description of the trade finance facility, including types, limits, and 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: Standard and specific representations made by the borrower

11. Covenants: Positive and negative undertakings by the borrower

12. Events of Default: Circumstances constituting default and consequences

13. Changes to Parties: Assignment and transfer provisions

14. Administration: Administrative aspects including notices and calculations

15. Governing Law and Jurisdiction: Swiss law provisions and jurisdiction clauses

16. Execution: Signature blocks and execution requirements

Optional Sections

1. Letter of Credit Specific Terms: Include when the facility includes letter of credit issuance

2. Bank Guarantee Provisions: Include when bank guarantees are part of the facility

3. Syndication Provisions: Include for syndicated trade finance facilities

4. Islamic Finance Provisions: Include when compliance with Islamic finance principles is required

5. Supply Chain Finance Terms: Include for supply chain finance arrangements

6. Documentary Collections: Include when documentary collection services are offered

7. Sanctions and Export Control: Include when cross-border trade involves sanctioned countries or restricted goods

8. Multi-currency Provisions: Include when multiple currencies are involved

9. Digital Trade Documentation: Include when electronic trade documents are used

Suggested Schedules

1. Facility Limits and Sub-limits: Detailed breakdown of facility limits by product type

2. Fee Schedule: Comprehensive list of all fees and charges

3. Form of Utilization Request: Standard form for requesting utilization of the facility

4. Security Documents: List and copies of security documents

5. Conditions Precedent Documents: List of required documents and evidence

6. Compliance Certificate: Template for periodic compliance certification

7. Authorized Signatories: List of authorized signatories and specimen signatures

8. Standard Trade Terms: Applicable standard trade terms and conditions

9. Reporting Requirements: Templates and formats for required reports

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance
Advance Rate
Affiliate
Availability Period
Banking Day
Base Currency
Bill of Exchange
Bill of Lading
Borrowing Base
Business Day
Closing Date
Collateral
Commercial Documents
Commitment
Compliance Certificate
Conditions Precedent
Confirmation
Default
Default Interest
Documentary Collection
Documentary Credit
Drawdown
Event of Default
Facility
Facility Limit
Finance Documents
Financial Indebtedness
Financial Statements
Force Majeure
Guarantee
Guarantor
Interest Period
Interest Rate
Issuing Bank
Letter of Credit
LIBOR
Margin
Material Adverse Change
Maturity Date
Obligation
Optional Currency
Participating Bank
Payment Date
Permitted Security
Potential Default
Prepayment
Pricing Period
Principal Amount
Prohibited Person
Relevant Jurisdiction
Repayment Date
Sanctions
Security
Security Documents
Security Interest
Security Period
Security Provider
Sub-Limit
Swiss Francs
Swiss Law
Trade Documents
Trade Finance Products
Transaction
UCP 600
Underlying Transaction
Utilization
Utilization Date
Utilization Request
Clauses
Facility Terms
Conditions Precedent
Utilization
Repayment
Interest and Fees
Security
Representations and Warranties
Covenants
Events of Default
Market Disruption
Changes to Calculation of Interest
Currency Provisions
Documentary Credits
Bank Guarantees
Collections
Payment Mechanisms
Tax Provisions
Increased Costs
Indemnities
Set-off
Security Trust
Assignment and Transfer
Amendments and Waivers
Confidentiality
Anti-Money Laundering
Sanctions Compliance
Force Majeure
Notices
Calculations
Partial Invalidity
Remedies and Waivers
Counterparts
Governing Law
Enforcement
Jurisdiction
Process Agent
Language
Relevant Industries

Banking and Financial Services

International Trade

Import/Export

Manufacturing

Commodities Trading

Retail

Wholesale

Logistics and Supply Chain

Agriculture

Energy

Mining and Resources

Pharmaceuticals

Technology and Electronics

Relevant Teams

Legal

Finance

Treasury

Trade Finance

Risk Management

Compliance

Operations

Credit

Commercial

International Business

Supply Chain

Documentary Credits

Relationship Management

Relevant Roles

Trade Finance Manager

Chief Financial Officer

Treasury Manager

Finance Director

Risk Manager

Compliance Officer

Legal Counsel

Banking Relationship Manager

Trade Finance Operations Officer

Credit Manager

Import/Export Manager

Supply Chain Manager

Commercial Director

Documentary Credits Specialist

Banking Executive

Corporate Finance Manager

Industries
Swiss Code of Obligations (CO): The primary source of Swiss contract law and commercial law, governing formation and execution of contracts, rights and obligations of parties, and commercial transactions
Federal Banking Act (BA): Regulates banking activities in Switzerland, including requirements for financial institutions involved in trade finance
Swiss Debt Enforcement and Bankruptcy Act (DEBA): Governs the enforcement of financial claims and the treatment of security interests, crucial for trade finance arrangements
Federal Act on Combating Money Laundering and Terrorist Financing (AMLA): Sets requirements for due diligence and reporting in financial transactions to prevent money laundering
FINMA Circulars: Regulatory guidance from the Swiss Financial Market Supervisory Authority relating to trade finance activities
UN Convention on Contracts for the International Sale of Goods (CISG): International treaty governing cross-border sale of goods, which Switzerland has ratified
UCP 600 (Uniform Customs and Practice for Documentary Credits): While not legislation, these ICC rules are typically incorporated into Swiss trade finance agreements involving letters of credit
Federal Act on Financial Market Infrastructures (FMIA): Regulates financial market infrastructure and trading behavior, relevant for trade finance instruments
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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