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Transfer Payment Agreement

Transfer Payment Agreement Template for Germany

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Key Requirements PROMPT example:

Transfer Payment Agreement

"I need a Transfer Payment Agreement under German law for quarterly payments of €500,000 from our German parent company to our Spanish subsidiary, starting from March 2025, with specific provisions for currency conversion and regulatory reporting."

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Document background
The Transfer Payment Agreement is essential in situations where regular, structured financial transfers need to be documented and regulated under German law. This document type is commonly used in various business contexts, including corporate group arrangements, investment structures, and commercial partnerships where ongoing payment obligations exist. It addresses key aspects such as payment terms, transfer mechanisms, compliance with German banking regulations, and anti-money laundering requirements. The agreement is particularly important in the German business environment where formal documentation of financial obligations is crucial for legal certainty and regulatory compliance. It includes specific provisions required under German law, including those stemming from the German Civil Code (BGB) and banking regulations.
Suggested Sections

1. Parties: Identification of the transferor and transferee, including full legal names, registration details, and addresses

2. Background: Context of the transfer payment arrangement and the relationship between the parties

3. Definitions: Definitions of key terms used throughout the agreement

4. Payment Terms: Detailed description of the payment amount, currency, and payment schedule

5. Transfer Mechanism: Specification of the banking details and method of transfer

6. Conditions Precedent: Any conditions that must be met before payments are made

7. Representations and Warranties: Standard representations regarding capacity, authority, and compliance with laws

8. Compliance Obligations: Obligations regarding anti-money laundering, banking regulations, and other applicable laws

9. Records and Reporting: Requirements for maintaining payment records and any necessary reporting

10. Term and Termination: Duration of the agreement and circumstances for termination

11. Governing Law and Jurisdiction: Confirmation of German law as governing law and jurisdiction for disputes

12. Miscellaneous: Standard boilerplate provisions including notices, amendments, and severability

Optional Sections

1. Tax Provisions: Include when payments may have tax implications requiring specific handling or withholding

2. Currency Exchange: Include when payments involve currency conversion

3. Security Arrangements: Include when payment obligations are secured by collateral or guarantees

4. Force Majeure: Include when parties want specific provisions for handling payment disruptions due to extraordinary events

5. Regulatory Compliance: Include when transfers are subject to specific regulatory requirements beyond standard banking regulations

6. Step-In Rights: Include when a third party may have rights to step in and make or receive payments

7. Payment Netting: Include when multiple payment obligations between parties may be netted

Suggested Schedules

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

2. Bank Account Details: Complete banking information for both parties

3. Compliance Documentation: Required forms and documents for regulatory compliance

4. Form of Payment Notice: Template for payment notifications

5. Supporting Documents: List of documents evidencing the underlying obligation for the transfer payments

6. Contact Details: List of authorized representatives and contact information for payment-related communications

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
Agreement
Banking Day
Business Day
Conditions Precedent
Default Interest
Due Date
Effective Date
Event of Default
Force Majeure Event
Interest Rate
Payment Amount
Payment Date
Payment Details
Payment Notice
Payment Period
Receiving Account
Receiving Bank
Regulatory Authority
Security
Specified Currency
Term
Transfer Instructions
Transfer Method
Transferee
Transferor
Underlying Obligation
Value Date
Withholding Tax
Compliance Requirements
Banking Regulations
Designated Account
Payment Schedule
Payment Agent
Permitted Transfer
Reference Rate
Settlement Date
Target Account
Transaction Documents
Wire Transfer
Authorized Representative
Confidential Information
Clauses
Payment Obligations
Transfer Mechanics
Bank Account Details
Payment Schedule
Currency and Exchange
Conditions Precedent
Representations and Warranties
Anti-Money Laundering
Regulatory Compliance
Record Keeping
Default Interest
Security
Force Majeure
Confidentiality
Data Protection
Term and Termination
Events of Default
Remedies
Set-Off
Notices
Assignment and Transfer
Amendment
Severability
Entire Agreement
Third Party Rights
Dispute Resolution
Governing Law
Jurisdiction
Counterparts
Language
Tax Provisions
Costs and Expenses
Relevant Industries

Banking and Financial Services

Investment Management

Corporate Services

Real Estate

Manufacturing

Energy and Utilities

Technology and Software

Professional Services

Insurance

Private Equity

Relevant Teams

Legal

Finance

Treasury

Compliance

Accounts Payable

Risk Management

Corporate Secretariat

Banking Operations

Financial Control

Regulatory Affairs

Relevant Roles

Chief Financial Officer

Treasury Manager

Financial Controller

Legal Counsel

Compliance Officer

Banking Relationship Manager

Finance Director

Accounts Payable Manager

Corporate Lawyer

Risk Manager

Payment Operations Manager

Financial Analyst

Corporate Secretary

Banking Operations Director

Industries
Bürgerliches Gesetzbuch (BGB): German Civil Code - particularly sections on contracts (§§ 241-432), payment obligations (§§ 244-248), and transfer of rights (§§ 398-413)
Zahlungsdiensteaufsichtsgesetz (ZAG): Payment Services Supervision Act - regulates payment services and payment service providers in Germany
Handelsgesetzbuch (HGB): German Commercial Code - relevant if the transfer agreement is between commercial entities
Geldwäschegesetz (GwG): Anti-Money Laundering Act - sets requirements for documentation and verification of payment transactions
EU-Verordnung 2015/847: EU Regulation on information accompanying transfers of funds - applicable if the transfer involves EU cross-border payments
Außenwirtschaftsgesetz (AWG): Foreign Trade and Payments Act - relevant for international transfer payments
Kreditwesengesetz (KWG): Banking Act - contains provisions relevant to payment transactions through financial institutions
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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