Individuals and legal entities with similar agreements do not encounter very often. Therefore, it is important to know the key features of such agreements. This is necessary so as not to get into trouble when concluding a loan agreement. After all, a little something - and your debt has already been sold to another organization.
Cession and assignment agreement
For people who are not familiar with the legal topic, the words “cession” and “cession agreement” say little. Meanwhile, everyone can come across these concepts. Assignment agreement is a transaction on the alienation of accounts payable to another person (physical or legal). It is usually possible and occurs without the consent of the debtor. It is also called the assignment of claims. Its simplest example is when the assignor (creditor) transfers the obligations of the borrower to the collector bank. However, situations where it is necessary or possible to conclude such an agreement are not limited to this.
Types of assignment agreements
Assignment agreements are concluded, for example, during the reorganization of an enterprise or during a divorce. Use them now and as a guarantee of fulfillment of obligations in the delivery of goods and the issuance of loans. So, we list the main ones.
Assignment of debt between legal entities. Most often occurs during the reorganization of the enterprise. Only the name of the debtor changes. When such documents are issued, prints are required on both sides.
Between individuals. There are several examples. This is the division of property of spouses in a divorce, and the transfer of children's debts to parents, and assistance in obtaining a loan. The contract does not require notarization, it is enough just to affix it with signatures of the parties, indicating passport details and all key terms of the transaction (amount, terms and methods of returning funds).
A debt transfer agreement from a legal entity to an individual. This happens during bankruptcy, when the obligations of the company are transferred to the director. The latter are transmitted in full and under the same conditions. The document is certified by a seal on one side and the signature of a private person on the other. You must also indicate the passport details of the new debtor.
A tripartite agreement is concluded between the current and former lender with the participation of the borrower. In this case, the latter is timely notified of the transaction.
Assignment agreement may be paid and gratuitous. This means that the assignor can sell this right to a collection agency or transfer it for free. However, regardless of this, the amount and conditions of the debtor's obligations remain unchanged. You can sell the rights under the writ of execution.
Basic concepts
The parties to the contract in question are the assignor and the assignee.
Assignor is a legal or natural person who cedes the right to claim.
Assignee - an organization or citizen to whom, on the basis of an agreement, the right of claim is transferred.
In the case of a tripartite agreement, the object of the claim (debtor) is indicated as a third party.
Basic conditions
The assignor and the assignee must sign the agreement only if the following conditions are agreed:
1. Parties-participants (with full details, signatures, seals, and for individuals - their passport data).
2. Terms of transfer of obligations (rights of claim).
3. The price of the contract (if it is paid).
4. A list of documents that confirm the occurrence (presence) of debt to the first creditor.
5. The contract that caused the appearance of obligations.
6. The date of transfer of the right of claim from the assignor to the assignee (this may be the moment of transfer of all the specified supporting documents or the date of signing the contract itself).
7. Responsibility of the parties.
