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Forward Flow Agreement for the Netherlands

Forward Flow Agreement Template for Netherlands

A Dutch law-governed Forward Flow Agreement is a comprehensive legal document that establishes a framework for the recurring sale and purchase of receivables or debt portfolios. The agreement, governed by Dutch civil and financial regulations, sets out the terms under which one party regularly sells, and another party purchases, specified receivables over an agreed period. It includes detailed provisions for eligibility criteria, pricing mechanisms, operational procedures, data protection compliance, and transfer mechanics, all structured in accordance with Dutch legal requirements and financial regulations.

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What is a Forward Flow Agreement?

The Forward Flow Agreement is essential for businesses engaged in regular sales of receivables or debt portfolios in the Netherlands. This document type is commonly used when a company wants to establish a long-term arrangement for the systematic sale of receivables, typically involving financial institutions, debt purchasers, or collection agencies. The agreement needs to comply with Dutch financial regulations, including the Financial Supervision Act (Wft) and relevant EU regulations such as GDPR. It sets out comprehensive terms covering eligibility criteria for receivables, pricing mechanisms, operational procedures, data protection measures, and transfer mechanics. The Forward Flow Agreement is particularly valuable when parties want to avoid negotiating individual sale agreements for each transaction, instead establishing a standardized framework for multiple future sales.

What sections should be included in a Forward Flow Agreement?

1. Parties: Identification of the seller and buyer, including registration details and addresses

2. Background: Context of the agreement, nature of the receivables, and purpose of the forward flow arrangement

3. Definitions: Comprehensive definitions of terms used throughout the agreement, including financial, operational, and technical terms

4. Sale and Purchase Structure: Framework for the recurring sales, including frequency, commitment levels, and basic mechanics

5. Eligibility Criteria: Detailed criteria that receivables must meet to be eligible for sale under the agreement

6. Purchase Price and Payment: Pricing mechanism, calculation methods, adjustments, and payment terms

7. Sale Process: Detailed procedures for each sale, including offer, acceptance, and completion mechanics

8. Representations and Warranties: Standard and specific warranties regarding the receivables, seller's authority, and compliance

9. Data Protection and Security: GDPR compliance measures and data handling requirements

10. Transfer Mechanics: Legal and operational procedures for transferring the receivables

11. Servicing Arrangements: Post-sale servicing responsibilities and requirements

12. Regulatory Compliance: Compliance with relevant Dutch financial regulations and consumer protection laws

13. Termination: Termination events, procedures, and consequences

14. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction

What sections are optional to include in a Forward Flow Agreement?

1. Consumer Protection Provisions: Additional provisions required when the receivables involve consumer debt

2. Special Industry Requirements: Specific provisions for particular industries (e.g., healthcare, utilities)

3. Third Party Rights: Provisions dealing with any third party rights or claims over the receivables

4. Security Arrangements: Additional security or collateral arrangements if required

5. Pre-emptive Rights: Any rights of first refusal or similar arrangements

6. Audit Rights: Detailed audit provisions if required by either party

7. Performance Reporting: Specific reporting requirements beyond standard reporting

8. Migration Arrangements: Detailed provisions for systems and data migration if required

What schedules should be included in a Forward Flow Agreement?

1. Eligibility Criteria Detail: Detailed breakdown of all eligibility requirements and exceptions

2. Pricing Schedule: Detailed pricing mechanisms, formulae, and examples

3. Form of Transfer Documents: Template documents required for each individual sale

4. Operational Procedures: Detailed procedures for day-to-day operations and sales

5. Data Fields: List of required data fields and formats for receivables information

6. Required Documents: List of documents required for each receivable type

7. Service Levels: Detailed service level requirements and measurements

8. Form of Reports: Ƶ for required reporting

9. Data Processing Agreement: GDPR-compliant data processing terms and conditions

10. Power of Attorney: Standard form of power of attorney if required for collections

Authors

Alex Denne

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

Jurisdiction

Netherlands

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions

















































































Clauses








































Relevant Industries

Banking

Financial Services

Debt Collection

Credit Management

Consumer Finance

Commercial Finance

Healthcare

Utilities

Telecommunications

Retail

Insurance

Relevant Teams

Legal

Finance

Credit Management

Risk

Compliance

Operations

Data Protection

Treasury

Portfolio Management

Collections

Commercial

Business Development

Relevant Roles

Chief Financial Officer

Head of Credit Management

Legal Counsel

Debt Portfolio Manager

Risk Manager

Collections Manager

Compliance Officer

Data Protection Officer

Portfolio Analyst

Credit Risk Manager

Treasury Manager

Operations Director

Commercial Director

Business Development Manager

Finance Director

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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