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Deed Of Assignment Of Receivables Template for Hong Kong

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Key Requirements PROMPT example:

Deed Of Assignment Of Receivables

"I need a Deed of Assignment of Receivables for transferring $5 million worth of trade receivables from my manufacturing company to ABC Bank Limited as security for a new loan facility, with completion scheduled for March 15, 2025."

Document background
A Deed of Assignment of Receivables is a crucial document in Hong Kong's commercial and financial landscape, used when a company or entity wishes to transfer its rights to receive payments to another party. This document type is particularly important in financing arrangements, debt trading, securitization, and business restructuring. The deed must comply with Hong Kong's legal requirements for valid assignments and deed execution, including the Law of Property Ordinance (Cap. 219) and Companies Ordinance (Cap. 622). It typically includes comprehensive details about the receivables being assigned, warranties about their status, and mechanisms for perfecting the assignment through notice to debtors. The document is commonly used by financial institutions, companies seeking financing, and businesses engaging in debt trading or restructuring operations.
Suggested Sections

1. Parties: Identifies the assignor and assignee with their full legal names and addresses

2. Background: Sets out the context of the assignment, including the existence of the receivables and the intention to assign them

3. Definitions and Interpretation: Defines key terms used in the deed and sets out interpretation rules

4. Assignment: Contains the operative words of assignment and specifies the receivables being assigned

5. Consideration: States the consideration being paid for the assignment

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

7. Undertakings: Ongoing obligations of the assignor, including cooperation in perfecting the assignment

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

9. Notices: Provisions regarding notices to debtors and communication between parties

10. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes

11. Execution: Execution blocks for signing as a deed with witnesses

Optional Sections

1. Collection Arrangements: Used when specific arrangements for collecting the receivables need to be documented

2. Security Provisions: Required if the assignment is by way of security rather than absolute

3. Power of Attorney: Optional provision granting the assignee power to deal with the receivables directly

4. Continuing Security: Used for assignments of future receivables or revolving arrangements

5. Reassignment: Included when there's a possibility of receivables being reassigned back

6. Set-off Rights: Provisions dealing with set-off rights between parties or against debtors

7. Costs and Expenses: Detailed provisions about who bears various costs of the assignment

8. Severability: Optional boilerplate dealing with invalidity of provisions

Suggested Schedules

1. Schedule 1 - The Receivables: Detailed list and description of the receivables being assigned

2. Schedule 2 - Form of Notice to Debtors: Template notice to be sent to debtors informing them of the assignment

3. Schedule 3 - Underlying Contracts: List and details of the contracts giving rise to the receivables

4. Schedule 4 - Conditions Precedent: List of any conditions that must be satisfied before assignment becomes effective

5. Appendix 1 - Copies of Relevant Documents: Copies of key documents evidencing the receivables

6. Appendix 2 - Power of Attorney: Form of power of attorney if included in the agreement

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

Commercial Lending

Manufacturing

Retail

Construction

Healthcare

Technology

Telecommunications

Professional Services

International Trade

Asset Management

Factoring and Invoice Financing

Relevant Teams

Legal

Finance

Treasury

Credit Control

Accounts Receivable

Risk Management

Corporate Finance

Commercial Operations

Company Secretarial

Debt Collection

Trade Finance

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Commercial Director

Credit Manager

Accounts Receivable Manager

Risk Manager

Corporate Finance Manager

Business Development Director

Financial Controller

Company Secretary

Debt Collection Manager

Trade Finance 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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