Baft Master Participation Agreement – English Law

Forfaiting, also known as commercial forfaiting, is a way to raise cash in trade finance, where exporters receive money by selling their foreign receivables (medium and long term) at a discount and on a ”no recourse” basis. Without recourse or non-recourse essentially means that the packager assumes and accepts the risk of non-payment. In this case, a flat-rateer is a specialized financial institution or banking service that provides non-recourse export financing by purchasing an exporter`s medium- and long-term trade receivables. A risk equity framework agreement can be used in this case to transfer a lender`s shares in a borrower`s trade receivables to a participant. In forfaiting, a borrower`s claims are usually guaranteed by the participant, the importer`s bank. Last year, the Finance and Commerce Bankers Association (Baft) revised and updated its Framework Participation Agreement (MPA) under English law to strengthen standardization in commerce and meet the ”modern requirements” of the industry. It contained a number of important changes, including allowing for an ”actual sale”, i.e. the transfer of financial assets, rather than simply transferring responsibility from one party to another; Remove the option in the document; and the deletion of the previous separate provision on the risk of fraud. Wynne: Those who have never had a framework participation agreement with a particular counterparty were very interested and very happy to use the new form in general. You`ll find this easier because there`s no option, so you can sign up without too much hassle, and if you need to make adjustments to specific transactions, you can make those adjustments in the offer and acceptance.

In many ways, we are very satisfied.  BAFT English form The Framework Participation Agreement (BAFT MPA) is a model framework agreement for risk sharing and financed participation in commercial transactions There are two main types of risk participation, namely unfunded risk sharing and funded risk sharing. A letter of credit is a credit instrument that serves as an obligation of a bank on behalf of an importer that payment to the exporter is made as soon as the conditions contained in the letter of credit are met. A letter of credit is issued in the name of an importer in favour of an exporter, which allows the exporter to receive a certain amount of money in payment for the exported goods. Letters of credit are a classic form of trade finance and are usually issued by a bank to secure payment. A letter of credit replaces the risk of the buyer with the risk of the issuing bank. The issuing bank or lender may sell its interest in the line of credit granted under the letter of credit to a participant through a master participation agreement. The revised Framework Participation Agreement retained many of the 2008 provisions, but also included amended and new provisions to reflect important developments in industry practice as well as changes in the global regulatory landscape that have taken place since 2008. These versions of the Framework Participation Agreements have been prepared as industry standard documents used by banks to facilitate the purchase and sale of country- and bank-related business risks. These agreements aim to facilitate the exchange of documents between banks and reduce legal costs by minimising redundancies The initial BAFT framework participation agreement was launched in 2008. It is based on English law and should be the industry standard document for transactions aimed at facilitating the purchase and sale of trade finance assets worldwide.

The Bankers Association for Finance and Commerce (BAFT) was founded in 1921 and is an international financial trade association for the global financial world. Its members are composed of international financial institutions and companies actively involved in global and trade financing. A change of bank acceptance is a bill of exchange that requires the bank to pay the draft holder a certain amount on a certain date. A bank acceptance invoice is usually used as a means of payment for international trade. It ensures the establishment and performance of a contract between the importer and an exporter. It is usually issued with a discount and then paid in full when its payment date is due. This bank acceptance project may be transferred to the participating institutions by means of a framework participation agreement. Coles: I think some people were hoping that this would be accepted immediately. The reality is that no one goes out and rewrites everything for themselves. It takes time and effort; If you have an existing agreement, you will probably stick to it. So the introduction was more gradual than everyone else suddenly changing.

In addition, participations in the loan can create value for the original lender, especially in a situation where the borrower is in trouble. This value is created by creating a market to sell the economic interest on the loan between the lender and the borrower, while the lender can remain the record owner of the loan. This is important for the lender to maintain a relationship with their customer. In 2018, the English MPA law was updated to meet the modern requirements of the industry. The New York MPA was updated in 2019. These MPAs, or Risk Participation Framework Agreements (MRAs), because they deal with risk, serve as a standard framework for banks and their counterparties when buying and selling trade finance assets globally. Wynne: In the funded area, we have indicated that if you fund an equity, you get an indivisible right to the underlying transaction. We thought that was a good thing, and it was in line with the requirements of IFRS9 from the point of view of the transfer of risk and the transfer of rights to the other party. A bank I am in talks with told me that they prefer debtors/creditors, which is the old way. We cannot tell them not to have a debtor/creditor. But what we`re saying is that we don`t think that`s where the market is going.

But I would say that their position is in the minority. She has worked for leading banks in the market and her experience includes advising on syndicated and bilaterally secured financing prior to commodity exports, commodity repurchase structures, letter of credit facilities, trading instruments and debt financing. Hannah has advised clients on related regulatory matters, including sanctions arising from cross-border financial transactions. She regularly advises on risk-sharing techniques, including guarantees, under-investments, insurance policies and payment instruments such as standbys and on-demand guarantees, as well as on the use of arrangements such as credit risk mitigation under the EU Capital Requirements Regulation (Basel III implementation). .