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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."
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
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
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
Banking and Financial Services
Insurance
Manufacturing
Construction
Real Estate
Energy and Utilities
Healthcare
Technology
Telecommunications
Professional Services
Retail
Transportation and Logistics
Legal
Finance
Treasury
Accounts Receivable
Credit Control
Compliance
Risk Management
Commercial
Corporate Development
Investment
Operations
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
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