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Deed Of Assignment Of Loan Template for Switzerland

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Key Requirements PROMPT example:

Deed Of Assignment Of Loan

"I need a Swiss law Deed of Assignment of Loan for transferring a CHF 2 million corporate loan from Credit Suisse to UBS, with the assignment to take effect on March 15, 2025; this is a straightforward assignment with no security interests involved."

Document background
The Deed of Assignment of Loan is a crucial document in Swiss financial transactions, used when a lender wishes to transfer its rights and obligations under a loan agreement to a new lender. This document is commonly used in loan portfolio sales, restructuring scenarios, or when lenders need to adjust their exposure. The deed must comply with Swiss law requirements, particularly the Swiss Code of Obligations' provisions on assignments. It contains detailed information about the original loan, the parties involved, the rights being transferred, and any associated security interests. The document is essential for maintaining legal certainty and ensuring proper transfer of rights in financial transactions.
Suggested Sections

1. Parties: Identification of the Assignor (current lender), Assignee (new lender), and acknowledgment by the Borrower

2. Background: Details of the existing loan agreement and the context for the assignment

3. Definitions: Definitions of key terms used in the deed, including 'Loan Agreement', 'Assignment Date', 'Assigned Rights'

4. Assignment: Core provision effecting the transfer of rights from Assignor to Assignee

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

6. Representations and Warranties: Assignor's warranties regarding the loan, including existence, validity, and absence of encumbrances

7. Perfection: Requirements for completing and recording the assignment, including notice to the Borrower

8. Further Assurance: Obligations to execute further documents or take additional steps if needed

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

Optional Sections

1. Security Transfer: Required if the loan is secured and security interests need to be transferred

2. Costs and Expenses: Include if there are specific arrangements for bearing transfer costs

3. Tax Provisions: Include if there are specific tax implications or allocations to address

4. Confidentiality: Include if specific confidentiality obligations are required beyond standard duties

5. Partial Assignment: Include if only part of the loan is being assigned

6. Borrower Consent: Required if the original loan agreement requires borrower consent for assignment

Suggested Schedules

1. Schedule 1 - Loan Agreement Details: Copy or details of the original loan agreement being assigned

2. Schedule 2 - Assigned Rights: Detailed list of all rights, interests and claims being assigned

3. Schedule 3 - Form of Notice to Borrower: Template for the formal notice of assignment to be sent to the borrower

4. Schedule 4 - Calculation of Outstanding Amount: Details of the current loan balance and any accrued interest

5. Schedule 5 - Security Documents: List and copies of any security documents relating to the loan, if applicable

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

Financial Services

Investment Management

Private Equity

Corporate Finance

Real Estate

Infrastructure

Asset Management

Commercial Lending

Debt Capital Markets

Relevant Teams

Legal

Finance

Credit Administration

Compliance

Treasury

Risk Management

Portfolio Management

Transaction Management

Corporate Finance

Loan Operations

Investment

Debt Administration

Relevant Roles

Legal Counsel

Finance Director

Credit Manager

Loan Officer

Compliance Officer

Treasury Manager

Portfolio Manager

Transaction Manager

Risk Manager

Corporate Lawyer

Banking Attorney

Chief Financial Officer

Investment Manager

Debt Administrator

Senior Credit Analyst

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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