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Credit Transfer Agreement Template for United States

A Credit Transfer Agreement is a legal document governed by U.S. federal and state laws that facilitates the transfer of credit rights from one party to another. The agreement outlines the terms and conditions of the transfer, including the rights and obligations of both parties, consideration, representations and warranties, and compliance with applicable regulations such as the Truth in Lending Act and Fair Credit Reporting Act.

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What is a Credit Transfer Agreement?

The Credit Transfer Agreement is essential when transferring credit rights, loans, or receivables in the United States. This document is commonly used in debt trading, portfolio sales, and securitization transactions. It ensures compliance with federal regulations including TILA, FCRA, and state-specific lending laws while protecting both transferor and transferee interests. The agreement typically includes detailed provisions about the credit rights being transferred, purchase price, representations about the quality of the credit, and mechanisms for handling defaulted accounts.

What sections should be included in a Credit Transfer Agreement?

1. Parties: Identification of transferor and transferee, including full legal names and addresses

2. Background: Context of the credit transfer and existing arrangements between parties

3. Definitions: Key terms used throughout the agreement including Credit Rights, Transfer Date, and Consideration

4. Transfer Details: Specific credit rights being transferred, including amounts, dates, and terms

5. Consideration: Payment terms for the transfer, including amount, timing, and method of payment

6. Representations and Warranties: Statements of fact about the credit rights and parties' authority to enter into the agreement

7. Closing Conditions: Requirements that must be met for completing the transfer

8. Governing Law and Jurisdiction: Specification of applicable law and courts having jurisdiction

What sections are optional to include in a Credit Transfer Agreement?

1. Security Arrangements: Details of any security or collateral arrangements related to the credit rights

2. Regulatory Compliance: Specific compliance obligations for regulated financial institutions

3. Tax Provisions: Specific tax treatment and obligations related to the transfer

4. Further Assurance: Obligations to execute additional documents or take further steps to perfect the transfer

What schedules should be included in a Credit Transfer Agreement?

1. Schedule of Credit Rights: Detailed list and description of all credit rights being transferred

2. Form of Transfer Notice: Template for notifying relevant parties of the transfer

3. Due Diligence Documents: List of reviewed documents and findings relating to the credit rights

4. Calculation Schedule: Details of any pricing or payment calculations related to the transfer

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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Student Agreement

Sector

Education

Cost

Free to use

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