Trade Finance Agreement Template for Germany

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Key Requirements PROMPT example:

Trade Finance Agreement

"I need a Trade Finance Agreement under German law for a €50 million revolving facility between Deutsche Bank AG and a German automotive parts manufacturer, with specific provisions for supply chain finance and documentary credits to be effective from March 1, 2025."

Document background
The Trade Finance Agreement serves as the primary contractual framework for providing trade finance facilities in Germany and cross-border transactions. It is typically used when businesses require financing for international trade operations, including import/export activities, supply chain finance, or documentary credit facilities. The agreement must comply with German banking regulations, particularly the German Banking Act (KWG) and Commercial Code (HGB), while also adhering to EU financial regulations and international trade practices. The document comprehensively addresses facility terms, security requirements, risk allocation, documentary requirements, and compliance obligations. It includes specific provisions for different trade finance products such as letters of credit, guarantees, or supply chain finance facilities, and can be customized based on the particular needs of the transaction and parties involved.
Suggested Sections

1. Parties: Identification of the contracting parties including the financial institution(s), borrower/applicant, and any guarantors

2. Background: Context of the trade finance arrangement, including the underlying trade transaction and financing purpose

3. Definitions: Detailed definitions of terms used throughout the agreement, including financial, technical, and trade-specific terminology

4. Facility Terms: Core terms of the trade finance facility including type, amount, purpose, and availability period

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

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

7. Payment Terms: Terms regarding repayment, interest, fees, and calculation methods

8. Security and Collateral: Details of security arrangements, including trade documents, goods, and other collateral

9. Representations and Warranties: Statements of fact and assurances given by the parties

10. Covenants: Ongoing obligations of the parties during the term of the agreement

11. Events of Default: Circumstances constituting default and corresponding remedies

12. Risk Allocation: Distribution of risks between parties, including documentary discrepancies and fraud

13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction provisions

Optional Sections

1. Letter of Credit Provisions: Specific terms for letter of credit facilities, used when L/Cs are part of the financing structure

2. Supply Chain Finance Terms: Additional provisions for supply chain finance arrangements, included for SCF programs

3. Factoring Provisions: Specific terms for factoring arrangements, used when factoring is part of the facility

4. Islamic Finance Compliance: Additional provisions ensuring Sharia compliance, included when Islamic finance is required

5. Sanctions Compliance: Enhanced compliance provisions for high-risk jurisdictions or parties

6. Multiple Currency Provisions: Additional terms for multi-currency facilities

7. Digital Documentation: Provisions for electronic documentation and platforms, used when digital trade finance solutions are implemented

8. Force Majeure: Extended force majeure provisions, particularly relevant for cross-border transactions

Suggested Schedules

1. Facility Parameters: Detailed terms of the facility including limits, pricing, and tenors

2. Form of Utilization Request: Standard form for drawing down on the facility

3. Required Documents: List of required trade documents and their characteristics

4. Security Documents: Forms and details of security arrangements

5. Compliance Requirements: Detailed AML, KYC, and regulatory compliance requirements

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

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

8. Processing Procedures: Detailed operational procedures for document handling and processing

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

Relevant legal definitions
Clauses
Relevant Industries

Banking

International Trade

Manufacturing

Import/Export

Logistics

Commodities Trading

Retail

Wholesale

Agriculture

Energy

Mining

Automotive

Textiles

Relevant Teams

Legal

Finance

Treasury

Trade Operations

Risk Management

Compliance

Credit

International Banking

Documentary Credits

Transaction Banking

Corporate Banking

Trade Finance Operations

Relevant Roles

Trade Finance Manager

Corporate Banking Officer

Chief Financial Officer

Treasury Manager

Trade Operations Manager

Risk Manager

Compliance Officer

Legal Counsel

Documentary Credits Specialist

Relationship Manager

Credit Analyst

International Trade Specialist

Supply Chain Finance Manager

Transaction Banking Officer

Export Finance Manager

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Fundamental law governing civil and contract law matters in Germany, including contract formation, performance, and remedies
German Commercial Code (Handelsgesetzbuch - HGB): Regulates commercial transactions and business relationships between merchants, including specific provisions for trade and commerce
German Banking Act (Kreditwesengesetz - KWG): Regulates banking activities and financial services in Germany, including requirements for trade finance operations
Money Laundering Act (Geldwäschegesetz - GwG): Contains provisions for preventing money laundering and terrorist financing in financial transactions
EU Regulation 575/2013 (Capital Requirements Regulation): Sets out prudential requirements for credit institutions and investment firms, affecting trade finance operations
German Foreign Trade and Payments Act (Außenwirtschaftsgesetz - AWG): Regulates international trade transactions and cross-border payments
UNCITRAL Model Law on International Credit Transfers: Provides framework for international credit transfers, relevant for international trade finance
ICC Uniform Customs and Practice for Documentary Credits (UCP 600): While not legislation, these are essential international banking rules that govern letters of credit
German Securities Trading Act (Wertpapierhandelsgesetz - WpHG): Relevant for trade finance instruments that qualify as securities
EU General Data Protection Regulation (GDPR): Must be considered for handling personal data in trade finance transactions
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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