Accounts Receivable Assignment Agreement Template for South Africa

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Key Requirements PROMPT example:

Accounts Receivable Assignment Agreement

"I need an Accounts Receivable Assignment Agreement for my manufacturing company to assign R5 million worth of receivables to Standard Bank South Africa, with the assignment to be effective from 1 March 2025, including standard recourse provisions and POPIA compliance clauses."

Document background
The Accounts Receivable Assignment Agreement is a crucial financial instrument in South African commercial practice, used when a business wishes to transfer its rights to receive payment from its debtors to another party, typically a financial institution or factoring company. This type of agreement is commonly utilized for immediate cash flow improvement, financing arrangements, or debt factoring transactions. The document must comply with South African legislative requirements, including the Companies Act, Financial Intelligence Centre Act, and Protection of Personal Information Act. It contains detailed provisions regarding the assignment of receivables, payment terms, representations and warranties, and collection procedures. This agreement is particularly valuable for businesses seeking to monetize their accounts receivable or establish financing arrangements based on their receivables portfolio.
Suggested Sections

1. Parties: Identification of the Assignor and Assignee, including their full legal names, registration numbers, and registered addresses

2. Background: Context of the assignment, relationship between parties, and purpose of the agreement

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation

4. Assignment: Core provisions detailing the transfer of rights in the receivables from Assignor to Assignee

5. Purchase Price and Payment Terms: Details of consideration paid for the receivables and payment mechanics

6. Representations and Warranties: Assignor's warranties regarding ownership, validity, and status of the receivables

7. Assignor's Obligations: Ongoing obligations of the Assignor, including notification to debtors and documentation delivery

8. Collection and Administration: Procedures for collecting receivables and administering the assigned accounts

9. Indemnification: Mutual indemnities and allocation of risks between parties

10. Confidentiality: Provisions protecting confidential information exchanged during the transaction

11. Notices: Communication procedures and contact details for formal notices

12. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Recourse Provisions: Used in agreements with recourse, detailing the Assignor's obligations to repurchase or replace non-performing receivables

2. Security Arrangements: Required when additional security is provided for the assigned receivables

3. Data Protection Compliance: Detailed POPIA compliance measures when significant personal information is involved

4. Foreign Currency Provisions: Needed when receivables are denominated in foreign currencies

5. Credit Insurance: Provisions relating to credit insurance arrangements if applicable

6. Power of Attorney: Authorization for Assignee to act on Assignor's behalf in collecting receivables

7. Anti-Money Laundering Compliance: Required when transaction falls under FICA requirements

8. VAT Provisions: Detailed VAT handling procedures when applicable to the receivables

Suggested Schedules

1. Schedule 1 - Assigned Receivables: Detailed list of all receivables being assigned, including account numbers, debtor details, and amounts

2. Schedule 2 - Form of Notice to Debtors: Template notice to be sent to debtors informing them of the assignment

3. Schedule 3 - Transfer Documents: List of all documents required to effect the transfer of receivables

4. Schedule 4 - Collection Procedures: Detailed procedures for collecting and processing payments on receivables

5. Schedule 5 - Excluded Receivables: List of receivables specifically excluded from the assignment

6. Appendix A - Due Diligence Checklist: Checklist of required due diligence documents and verifications

7. Appendix B - Compliance Certificates: Required compliance and authority certificates from both parties

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
Relevant Industries

Banking and Financial Services

Manufacturing

Retail

Wholesale Distribution

Construction

Technology and Software

Healthcare

Professional Services

Logistics and Transportation

Industrial Services

Agriculture

Mining and Resources

Relevant Teams

Finance

Legal

Treasury

Credit Control

Accounts Receivable

Risk Management

Compliance

Commercial Operations

Corporate Finance

Collections

Relevant Roles

Chief Financial Officer

Financial Director

Treasury Manager

Credit Manager

Accounts Receivable Manager

Financial Controller

Legal Counsel

Commercial Director

Risk Manager

Collections Manager

Finance Manager

Business Development Manager

Corporate Finance Manager

Compliance Officer

Industries
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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