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Assignment Of Payment Agreement Template for Switzerland

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Key Requirements PROMPT example:

Assignment Of Payment Agreement

"I need an Assignment of Payment Agreement under Swiss law for transferring receivables worth CHF 2.5 million from our manufacturing business to a factoring company, with the assignment to be effective from March 1, 2025, and including provisions for notice to multiple debtors."

Document background
The Assignment Of Payment Agreement is a crucial document used in Swiss commercial and financial transactions when one party wishes to transfer its right to receive payments to another party. This document is commonly used in various scenarios including factoring arrangements, security packages for financing transactions, corporate restructurings, and debt assignments. The agreement must comply with Swiss law requirements, particularly the Swiss Code of Obligations, which mandates specific formalities for valid assignments. It typically includes detailed provisions about the assigned rights, warranties about their existence and transferability, and mechanisms for perfecting the assignment. This type of agreement is particularly important in Switzerland's sophisticated financial services sector and is often used in both domestic and international transactions where Swiss law governs the assignment relationship.
Suggested Sections

1. Parties: Identifies the Assignor, Assignee, and Debtor (if party to the agreement)

2. Background: Explains the context of the assignment, including the original payment obligation and reason for assignment

3. Definitions: Defines key terms used throughout the agreement

4. Assignment: Details the payment rights being assigned and confirms the transfer

5. Consideration: Specifies the payment or other consideration for the assignment

6. Representations and Warranties: Assignor's confirmations regarding ownership, right to assign, and status of the payment rights

7. Perfection: Steps required to perfect the assignment and make it effective

8. Payment Instructions: Specifies how and where assigned payments should be made

9. Further Assurance: Obligations to execute additional documents or take actions to give effect to the assignment

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

11. Execution: Signature blocks and execution requirements

Optional Sections

1. Notices: Communication requirements between parties - include for longer-term payment arrangements

2. Confidentiality: Restrictions on disclosure of agreement terms - important for commercial arrangements

3. Security Interest: Include if the assignment is given as security

4. Anti-Money Laundering: Include for high-value assignments or when parties are financial institutions

5. Data Protection: Include when personal data processing is involved

6. Partial Assignment: Include when only part of a payment right is being assigned

7. Multiple Assignees: Include when payment rights are assigned to more than one assignee

8. Recourse: Include to specify whether the assignment is with or without recourse to the assignor

Suggested Schedules

1. Payment Rights Schedule: Detailed description of the payment rights being assigned

2. Original Contract Extract: Relevant excerpts from the contract giving rise to the payment rights

3. Payment Schedule: Timeline and amounts of payments if involving multiple or periodic payments

4. Form of Notice: Template for notifying the debtor of the assignment

5. Required Authorizations: Copies of any required permits, consents or authorizations

6. Bank Account Details: Payment account information for the assignee

Authors

Alex Denne

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

Relevant legal definitions
































Clauses






























Relevant Industries

Banking and Financial Services

Insurance

Manufacturing

Construction

Real Estate

Energy and Utilities

Healthcare

Technology

Telecommunications

Professional Services

Retail

Transportation and Logistics

Relevant Teams

Legal

Finance

Treasury

Accounts Receivable

Credit Control

Compliance

Risk Management

Commercial

Corporate Development

Investment

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Lawyer

Accounts Receivable Manager

Credit Controller

Financial Controller

Risk Manager

Compliance Officer

Contract Manager

Business Development Director

Commercial Director

Investment Manager

Transaction 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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