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Receivables financing agreement meaning

What does Receivables financing agreement mean?
A receivables financing agreement is a contract under which a funder purchases a business’s receivables or lends against them, taking an assignment or security over receivables and related proceeds. It is a descriptive expression used across invoice finance, factoring, invoice discounting, supply chain finance, asset-based lending, and receivables purchase or securitisation programmes, and is not a defined statutory term. Key legal features commonly include transfer or security over present and future receivables and proceeds; notification and collection mechanics; recourse or non-recourse allocation of credit and dilution risk; eligibility and concentration limits; representations and undertakings; and perfection and priority by assignment/notice and registration (Companies House/CRO), trust and account control. Analysis typically addresses set-off, anti-assignment clauses, and (for sales) true sale, recharacterisation and insolvency remoteness. England & Wales and Northern Ireland: statutory assignment (for example, under section 136 LPA 1925 and NI equivalents), with certain anti-assignment clauses restricted by the Business Contract Terms (Assignment of Receivables) Regulations 2018 (subject to exclusions). Scotland: assignation perfected by intimation or, under the Moveable Transactions (Scotland) Act 2023, by registration in the Register of Assignations; the 2018 Regulations do not apply. Ireland: legal/equitable assignment under Judicature legislation; security typically perfected by charge/notice and CRO filing; anti-assignment clauses are...
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NEWS
Good faith precludes s 423 IA 1986 relief despite undervalue and improper purpose; Katerra shares later worthless (Credit Suisse v SoftBank)

Credit Suisse Virtuoso Sicav-Sif (in respect of its Sub-Fund, the Credit Suisse (Lux) Supply Chain Finance Fund) and another company v Softbank Group Corp and other companies [2025] EWHC 2631 (Ch) What was the background? This dispute arose from an intricate financing arrangement connecting the Greensill, Katerra and SoftBank groups. Credit Suisse Virtuoso Sicav‑SIF (Credit Suisse) invested, through its Credit Suisse (Lux) Supply Chain Finance Fund (the SCF Subfund), in notes arranged and administered in England by Greensill Capital (UK) Ltd (GCUK) and issued by Hoffman S.à r.l. (Hoffman) under a scheme known as the Fairymead Multi‑Obligor Programme (the Fairymead Note Programme). The intended collateral for that programme comprised certain rights (the Participations) granted under a Participation Agreement dated 19 December 2019 by a special purpose vehicle, Greensill Ltd (GL), to its immediate parent, GCUK. GCUK then assigned those participation rights to Hoffman, which in turn transferred them to Citibank N.A., London Branch, acting as note trustee for the Fairymead Note Programme. The Participations related to receivables sold,...

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PRACTICE NOTES
Denmark: Cross-Border Lending, Security, Guarantees and Enforcement—CRD VI Branch Requirement, NPL Transfers, Floating Charges, Insolvency, and English law and jurisdiction recognition

Loan market and developments A concise outline of the current Danish loan market and notable recent developments follows. Most corporate lending still comes via bank facilities—both committed and uncommitted—and is frequently secured. Security packages commonly comprise: shares; real property; bank accounts; and a floating charge spanning all moveable property, receivables and intellectual property of the borrower. Financing for both private and commercial real property is most often arranged through mortgage credit loans provided by mortgage credit institutions, with the relevant property given as security. The Danish Capital Markets Act introduced SME Growth Markets in Denmark for small and medium-sized companies (SMEs). In the preparatory remarks to the Act, it is noted that SMEs have experienced difficulties obtaining finance since the financial crisis. By establishing SME Growth Markets in Denmark, the aim is to grant SMEs easier access to the capital markets and thereby improve funding opportunities...

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