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Deed Of Assignment Of Beneficial Interest Template for Nigeria

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Key Requirements PROMPT example:

Deed Of Assignment Of Beneficial Interest

"I need a Deed of Assignment of Beneficial Interest under Nigerian law to transfer the beneficial interest in three commercial properties in Lagos from our parent company to a newly formed subsidiary, with completion scheduled for March 15, 2025, including specific warranties about existing tenant agreements."

Document background
The Deed of Assignment of Beneficial Interest is a crucial document in Nigerian property and investment transactions where parties wish to transfer beneficial ownership without disturbing the legal title. This document is commonly used in trust arrangements, investment structures, and property developments where beneficial ownership needs to be separated from legal ownership. It must comply with Nigerian property law, including the Land Use Act 1978, and requires careful drafting to ensure enforceability. The deed typically includes details of the property, the nature of the beneficial interest being transferred, warranties about ownership and encumbrances, and completion arrangements. It's particularly relevant in scenarios involving property investment trusts, family arrangements, or corporate restructuring where beneficial ownership needs to be transferred while maintaining existing legal title structures.
Suggested Sections

1. Parties: Identification of the Assignor (current beneficial interest holder) and Assignee (recipient of the beneficial interest), including full legal names and addresses

2. Background: Recitals explaining the current ownership structure, how the beneficial interest arose, and the intention to assign

3. Definitions: Definitions of key terms including 'Property', 'Beneficial Interest', 'Legal Title Holder', and other relevant terms

4. Interpretation: Rules for interpreting the deed including references to clauses, singular/plural, and statutory references

5. Assignment: The operative clause transferring the beneficial interest from Assignor to Assignee

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

7. Assignor's Warranties: Warranties regarding ownership, right to assign, and absence of encumbrances on the beneficial interest

8. Completion: Details of when and how the assignment will complete

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

10. Notices: Process for serving notices under the deed

11. Execution: Formal execution blocks meeting requirements for a deed under Nigerian law

Optional Sections

1. Consent of Legal Title Holder: Required when the legal title holder's consent is needed for the assignment

2. Tax Covenant: Include when specific tax arrangements need to be documented

3. Power of Attorney: Include when the Assignee needs power to deal with the property directly

4. Restrictive Covenants: Include when the Assignor wants to restrict the Assignee's use of the beneficial interest

5. Third Party Rights: Include when rights are to be conferred on third parties

6. Governing Law and Jurisdiction: Include when there are potential cross-border elements to the transaction

Suggested Schedules

1. Property Description: Detailed description of the property to which the beneficial interest relates

2. Title Documents: List of relevant title documents and trust documents

3. Existing Encumbrances: Details of any existing charges or encumbrances affecting the beneficial interest

4. Form of Notices: Prescribed forms for notices to be given under the deed

5. Rights and Obligations: Detailed list of rights and obligations being transferred with the beneficial interest

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

Real Estate

Banking and Finance

Investment Management

Construction

Property Development

Agriculture

Mining

Oil and Gas

Infrastructure

Commercial Property

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Corporate Secretariat

Investment

Asset Management

Trust Administration

Land Administration

Relevant Roles

Legal Counsel

Property Manager

Real Estate Manager

Investment Manager

Trust Administrator

Company Secretary

Compliance Officer

Property Developer

Land Administrator

Asset Manager

Transaction Manager

Property Lawyer

Corporate Lawyer

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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