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Assignment Of Claim Agreement
"I need an Assignment of Claim Agreement under Swiss law to transfer a €500,000 corporate debt from our manufacturing company to a debt collection agency, with the transfer to be completed by March 2025."
1. Parties: Identification of the Assignor and Assignee with full legal names and addresses
2. Background: Context of the assignment, including information about the original claim and the reasons for the assignment
3. Definitions: Definitions of key terms used throughout the agreement
4. Subject Matter of Assignment: Detailed description of the claim being assigned, including its value, origin, and any identifying characteristics
5. Assignment: Express declaration of assignment and transfer of the claim from Assignor to Assignee
6. Purchase Price: The consideration paid for the assignment, payment terms and method
7. Representations and Warranties: Assignor's warranties regarding the existence, validity, and enforceability of the claim
8. Notification to Debtor: Provisions regarding the notification of the debtor about the assignment
9. Further Assurance: Obligations to execute additional documents or take further actions necessary to perfect the assignment
10. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
11. Execution: Signature blocks and execution requirements
1. Security Interests: Include when the assigned claim is secured by collateral or guarantees
2. Tax Provisions: Include when there are specific tax implications or allocations related to the assignment
3. Confidentiality: Include when parties wish to keep the assignment or its terms confidential
4. Assignment Restrictions: Include when there are limitations on further assignment of the claim
5. Partial Assignment: Include when only a portion of the claim is being assigned
6. Recourse Provisions: Include when specifying whether the assignment is with or without recourse
7. Collection Procedures: Include when specific procedures for collecting the assigned claim need to be established
1. Schedule 1 - Claim Details: Detailed description of the assigned claim, including amount, due date, and payment terms
2. Schedule 2 - Original Contract: Copy of the original contract or document evidencing the claim
3. Schedule 3 - Payment History: Record of payments made on the claim prior to assignment
4. Schedule 4 - Related Security Documents: Copies of any security agreements, guarantees, or collateral documents
5. Appendix A - Form of Notice to Debtor: Template of the notification to be sent to the debtor regarding the assignment
6. Appendix B - Power of Attorney: If required, power of attorney for the Assignee to act in relation to the assigned claim
Authors
Financial Services
Banking
Insurance
Debt Collection
Asset Management
Real Estate
Manufacturing
Construction
Professional Services
Healthcare
Retail
Wholesale Trade
Legal
Finance
Treasury
Credit Control
Accounts Receivable
Risk Management
Compliance
Commercial
Corporate Development
Debt Recovery
Legal Counsel
Finance Director
Credit Manager
Collections Manager
Treasury Manager
Contract Administrator
Risk Manager
Corporate Lawyer
Financial Controller
Accounts Receivable Manager
Chief Financial Officer
Debt Recovery Specialist
Commercial Director
Business Development Manager
Compliance Officer
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