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Accounts Receivable Assignment Agreement

Accounts Receivable Assignment Agreement Template for Switzerland

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Key Requirements PROMPT example:

Accounts Receivable Assignment Agreement

"I need an Accounts Receivable Assignment Agreement under Swiss law for a manufacturing company selling its receivables to a factoring company, with the assignment to be effective from March 1, 2025, and including specific provisions for cross-border receivables in EUR and CHF."

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Document background
The Accounts Receivable Assignment Agreement is a crucial document used in Swiss financial transactions where a company wishes to transfer its rights to receive payment under existing commercial relationships. This agreement is commonly used in factoring arrangements, financing transactions, or corporate restructurings governed by Swiss law. It enables companies to monetize their receivables or use them as security for financing. The document must comply with Swiss legal requirements, particularly the formal requirements under the Swiss Code of Obligations for the valid assignment of claims. It includes detailed provisions identifying the assigned receivables, transfer mechanics, price determination, and necessary notifications to debtors. The agreement is particularly important in the Swiss context due to specific legal requirements for the validity and enforceability of assignments, including certain form requirements and debtor notification provisions.
Suggested Sections

1. Parties: Identification of the Assignor and Assignee, including full legal names and addresses

2. Background: Context of the assignment, including the original relationship giving rise to the receivables

3. Definitions: Key terms used throughout the agreement, including 'Receivables', 'Debtors', 'Assignment Date', etc.

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

5. Purchase Price and Payment: Terms of consideration for the assignment, including payment mechanics and timing

6. Representations and Warranties: Assignor's confirmations regarding ownership, validity, and status of the receivables

7. Notification and Perfection: Requirements and process for notifying debtors and perfecting the assignment

8. Further Assurance: Obligations to execute additional documents or take actions to effect the assignment

9. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

10. Execution: Signature blocks and execution formalities

Optional Sections

1. Security Provisions: Additional security arrangements if the assignment is for security purposes rather than an outright sale

2. Collection Arrangements: Provisions regarding who will collect the receivables and how proceeds will be handled

3. Recourse Provisions: Terms regarding the Assignor's obligations if assigned receivables prove uncollectible

4. Data Protection: Specific provisions for handling personal data when relevant to consumer receivables

5. Currency Provisions: Required for cross-border receivables involving multiple currencies

6. Tax Provisions: Allocation of tax liabilities and VAT treatment where relevant

Suggested Schedules

1. Schedule of Receivables: Detailed list of assigned receivables including debtor details, amounts, and due dates

2. Form of Notice to Debtors: Template for notifying debtors of the assignment as required by Swiss law

3. Form of Payment Instructions: Template for instructing debtors on new payment arrangements

4. Existing Security Interests: List of any existing security interests or encumbrances affecting the receivables

5. Power of Attorney: Form of power of attorney for Assignee to take actions in relation to the receivables

6. Compliance Documents: Required regulatory or compliance confirmations, particularly for regulated entities

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions

































Clauses

























Relevant Industries

Banking and Financial Services

Asset Management

Factoring and Invoice Finance

Manufacturing

Wholesale and Distribution

Commercial Services

Healthcare

Technology

Construction

Energy and Utilities

Relevant Teams

Legal

Finance

Treasury

Credit Control

Accounts Receivable

Risk Management

Commercial

Operations

Collections

Transaction Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Controller

Accounts Receivable Manager

Financial Controller

Legal Counsel

Corporate Lawyer

Risk Manager

Commercial Director

Finance Operations Manager

Collections Manager

Transaction Manager

Structured 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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