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Forward Flow Agreement for Pakistan

Forward Flow Agreement Template for Pakistan

A Forward Flow Agreement under Pakistani law establishes a structured arrangement for the ongoing purchase of receivables or debt portfolios between financial institutions and debt purchasers. The agreement operates within Pakistan's regulatory framework, including the Banking Companies Ordinance 1962 and Financial Institutions (Recovery of Finances) Ordinance 2001. It details the terms, conditions, and operational procedures for regular transfers of receivables, incorporating both conventional and Islamic banking considerations where necessary. The document addresses crucial aspects such as eligibility criteria, pricing mechanisms, compliance requirements, and data protection measures specific to the Pakistani market.

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What is a Forward Flow Agreement?

Forward Flow Agreements are essential documents in Pakistan's financial services sector, used when establishing a committed arrangement for the regular sale and purchase of receivables or debt portfolios. These agreements are particularly relevant when financial institutions seek to manage their balance sheets through systematic sale of receivables, or when debt purchasing companies aim to build their portfolio through regular acquisitions. The Forward Flow Agreement sets out the framework for multiple transfers over time, including detailed eligibility criteria, pricing mechanisms, and operational procedures. It must comply with Pakistani banking regulations, including the Banking Companies Ordinance 1962 and relevant State Bank of Pakistan directives. The agreement can be structured to accommodate both conventional and Islamic banking principles, making it versatile for Pakistan's dual banking system. It typically includes comprehensive provisions for data protection, consumer rights, and regulatory compliance specific to the Pakistani jurisdiction.

What sections should be included in a Forward Flow Agreement?

1. Parties: Identification of the seller and purchaser, including their legal status and registered addresses

2. Background: Context of the agreement, nature of the receivables/debt portfolios, and general purpose of the arrangement

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

4. Sale and Purchase: Core terms of the forward flow arrangement, including commitment to sell/purchase, frequency, and volume requirements

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

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

7. Transfer Process: Detailed procedures for the regular transfer of receivables, including timing and documentation requirements

8. Representations and Warranties: Standard and specific warranties given by both parties

9. Covenants: Ongoing obligations of both parties throughout the agreement term

10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

11. Confidentiality: Provisions regarding the protection of confidential information

12. Data Protection: Compliance with data protection laws and handling of personal information

13. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and jurisdiction for disputes

14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

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

1. Put-Back Rights: Optional provisions allowing the purchaser to require the seller to repurchase certain receivables that fail to meet criteria - include when stronger purchaser protections are needed

2. Interim Servicing: Provisions for the seller to continue servicing the receivables for a transition period - include when operational handover needs to be gradual

3. Performance Guarantees: Additional guarantees or performance requirements - include when there are concerns about party performance

4. Compliance with Shariah Law: Additional provisions ensuring compliance with Islamic banking principles - include when parties require Shariah compliance

5. Third Party Rights: Provisions regarding the rights of third parties - include when third party involvement is significant

6. Force Majeure: Detailed force majeure provisions - include when specific events need to be addressed

7. Anti-Money Laundering: Specific AML provisions - include when dealing with high-risk portfolios or jurisdictions

What schedules should be included in a Forward Flow Agreement?

1. Schedule 1 - Eligibility Criteria: Detailed list of criteria for acceptable receivables

2. Schedule 2 - Form of Transfer Notice: Template for regular transfer notices

3. Schedule 3 - Pricing Schedule: Detailed pricing methodology and calculations

4. Schedule 4 - Data Fields: Required data fields and format for receivables information

5. Schedule 5 - Operational Procedures: Detailed procedures for regular transfers and communications

6. Schedule 6 - Form of Monthly Report: Template for required regular reporting

7. Schedule 7 - Security Arrangements: Details of any security or trust arrangements

8. Appendix A - Power of Attorney: Standard form of power of attorney for collections

9. Appendix B - Compliance Checklist: Regulatory and compliance requirements checklist

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

Pakistan

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions








































































Clauses









































Relevant Industries

Banking

Financial Services

Debt Collection

Asset Management

Credit Services

Islamic Finance

Consumer Finance

Commercial Finance

Fintech

Investment Management

Relevant Teams

Legal

Finance

Risk Management

Collections

Compliance

Operations

Treasury

Credit Risk

Portfolio Management

Islamic Banking

Data Protection

Strategic Planning

Relevant Roles

Chief Financial Officer

Head of Debt Purchase

Legal Counsel

Compliance Officer

Portfolio Manager

Credit Risk Manager

Collections Manager

Finance Director

Treasury Manager

Operations Director

Risk Assessment Officer

Islamic Banking Advisor

Data Protection Officer

Strategic Planning 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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