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Assignment Of Funds Agreement

Assignment Of Funds Agreement Template for Switzerland

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Key Requirements PROMPT example:

Assignment Of Funds Agreement

"I need an Assignment of Funds Agreement under Swiss law for transferring CHF 2.5 million from my company's UBS account to a third-party investor, with the assignment to take effect from March 1, 2025."

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Document background
The Assignment Of Funds Agreement is a crucial document used in Swiss financial and commercial transactions when one party needs to transfer their rights to receive specific funds to another party. This type of agreement is commonly used in various scenarios, including project finance, debt trading, security arrangements, and corporate restructuring. The document must comply with Swiss law requirements, particularly the Swiss Code of Obligations' provisions on assignments (Articles 164-174). The agreement typically includes detailed information about the assigned funds, conditions for the assignment, notice requirements, and enforcement mechanisms. It's essential for ensuring legal certainty in financial transactions and is often used alongside other financial and security documents in more complex transactions.
Suggested Sections

1. Parties: Identification of the Assignor and Assignee, including full legal names and addresses

2. Background: Context of the assignment, including description of the underlying relationship and purpose of the assignment

3. Definitions and Interpretation: Key terms used in the agreement, including 'Assigned Funds', 'Effective Date', and interpretation rules

4. Assignment: Core provision detailing the assignment of funds, including the specific amount or rights being assigned

5. Consideration: Details of any payment or consideration for the assignment

6. Representations and Warranties: Assignor's confirmations regarding ownership, right to assign, and absence of encumbrances

7. Notice and Perfection: Requirements for notifying relevant third parties and perfecting the assignment

8. Payment Mechanics: Process for payment and transfer of the assigned funds

9. Further Assurance: Obligation to execute further documents and take additional steps if needed

10. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction for disputes

Optional Sections

1. Conditions Precedent: Required when the assignment is subject to certain conditions being met first

2. Security Provisions: Needed when additional security is provided for the assigned funds

3. Multiple Assignors/Assignees: Special provisions for cases involving multiple parties

4. Tax Provisions: Specific tax-related provisions when relevant to the assignment

5. Currency Provisions: Required when the assignment involves multiple currencies

6. Power of Attorney: When the assignee needs specific powers to act on behalf of the assignor

7. Partial Assignment Provisions: Required when only a portion of funds are being assigned

8. Set-off Rights: Provisions dealing with set-off rights when relevant to the transaction

Suggested Schedules

1. Schedule 1 - Details of Assigned Funds: Detailed description of the funds being assigned, including account details if applicable

2. Schedule 2 - Form of Notice: Template notice to be sent to relevant third parties regarding the assignment

3. Schedule 3 - Conditions Precedent: List of any conditions that must be satisfied before the assignment becomes effective

4. Schedule 4 - Payment Details: Bank account and payment instruction details for the transfer of funds

5. Appendix A - Related Documents: Copies of relevant underlying agreements or documents

6. Appendix B - Powers of Attorney: Any required power of attorney documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Banking and Financial Services

Investment Management

Corporate Finance

Real Estate

Construction

Infrastructure

Manufacturing

Energy

Healthcare

Technology

Professional Services

Insurance

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Finance

Investment

Banking Operations

Transaction Management

Portfolio Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Lawyer

Finance Manager

Account Manager

Project Finance Manager

Transaction Manager

Risk Manager

Compliance Officer

Financial Controller

Investment Manager

Portfolio Manager

Banking Relationship Manager

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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