Accounts Receivable Financing Agreement Template for United States

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Key Requirements PROMPT example:

Accounts Receivable Financing Agreement

"Need an Accounts Receivable Financing Agreement for my manufacturing company seeking to finance up to $5 million in receivables from Fortune 500 customers, with a lockbox arrangement and credit insurance requirements."

Document background
The Accounts Receivable Financing Agreement serves as the primary document governing the sale or financing of accounts receivable in the United States. This agreement is particularly valuable for businesses seeking to improve cash flow without traditional bank loans. It establishes the legal framework for either factoring (sale of receivables) or asset-based lending (using receivables as collateral), depending on the structure. The document must comply with UCC Article 9, federal lending regulations, and state-specific requirements. It typically includes detailed provisions for eligibility criteria, purchase price calculations, representations and warranties, and operational procedures for ongoing financing.
Suggested Sections

1. Parties: Identification of the financing party (Factor) and the company selling receivables (Seller)

2. Background: Context of the financing arrangement and business purpose, including the Seller's desire to finance its receivables and the Factor's willingness to purchase them

3. Definitions: Key terms including Eligible Receivables, Advance Rate, Collection Period, Purchase Price, and other technical terms used throughout the agreement

4. Purchase and Sale of Receivables: Core transaction terms and mechanics of how receivables will be purchased and assigned

5. Eligibility Criteria: Detailed requirements for receivables to qualify for financing, including age, quality, and debtor requirements

6. Purchase Price and Payment Terms: Pricing methodology, advance rates, fees, and payment mechanics including settlement procedures

7. Representations and Warranties: Standard assurances about business, authority, receivables quality, and compliance with laws

8. Covenants: Ongoing obligations of the seller including reporting, notice requirements, and operational commitments

9. Events of Default: Circumstances constituting default and corresponding remedies available to the Factor

10. Term and Termination: Duration of the agreement, renewal provisions, and termination rights

11. Miscellaneous: Standard boilerplate provisions including notices, amendments, governing law, and jurisdiction

Optional Sections

1. Credit Insurance: Terms related to receivables insurance coverage when credit insurance is part of the arrangement

2. Cross-Border Provisions: Special terms for international receivables when financing includes foreign receivables

3. Lockbox Arrangements: Terms for dedicated collection accounts when using lockbox collection method

4. Recourse Provisions: Terms specifying circumstances under which the Seller must repurchase receivables

5. Electronic Documentation: Provisions for electronic invoicing and documentation when parties use digital systems

Suggested Schedules

1. Schedule of Eligible Receivables: List of specific receivables being financed including key details such as face amount, due date, and debtor information

2. Form of Purchase Request: Standard form for requesting advances against receivables

3. Form of Notice to Account Debtors: Template for notifying customers of the assignment of receivables

4. Approved Account Debtors: List of pre-approved customers whose receivables can be financed

5. Fee Schedule: Detailed breakdown of all fees and charges including factoring fees, processing fees, and any other charges

6. UCC Forms: Required UCC financing statements and amendments to perfect the Factor's security interest

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
Industries

Uniform Commercial Code (UCC): Primary framework governing secured transactions, especially Article 9, including UCC-1 Financing Statement requirements, notice and perfection requirements, and priority rules

Federal Consumer Finance Laws: Key federal regulations including Truth in Lending Act (TILA), Fair Credit Reporting Act (FCRA), Equal Credit Opportunity Act (ECOA), and Federal Trade Commission Act

Bank Secrecy and AML Regulations: Bank Secrecy Act and Anti-Money Laundering regulations governing financial transactions and reporting requirements

State-Specific Laws: Various state-level regulations including usury laws, lending license requirements, state-specific UCC variations, and state securities laws

Bankruptcy Code: Federal bankruptcy laws affecting security interests, automatic stay provisions, and preference period considerations in financing agreements

Consumer Protection Framework: Consumer protection regulations including Fair Debt Collection Practices Act (FDCPA) and state consumer protection statutes, particularly relevant if receivables involve consumer accounts

Electronic Transactions Laws: E-SIGN Act and Uniform Electronic Transactions Act (UETA) governing electronic signatures and digital transactions

Tax Regulations: IRS regulations regarding assignment of income, state tax implications, and specific treatment of factoring transactions

Privacy and Data Protection Laws: Privacy regulations including Gramm-Leach-Bliley Act, state privacy laws, and data protection requirements for handling financial information

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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