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Collateral Assignment Agreement Template for Germany

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Key Requirements PROMPT example:

Collateral Assignment Agreement

"I need a German law Collateral Assignment Agreement for the assignment of trade receivables from our manufacturing business to secure a €5 million loan facility, with the agreement to be effective from March 1, 2025."

Document background
The Collateral Assignment Agreement is a crucial security document in German financing transactions, used when a party (assignor) wishes to provide certain assets as security to a creditor (assignee). This document type is governed by the German Civil Code (Bürgerliches Gesetzbuch) and must comply with specific German law requirements regarding the creation and perfection of security interests. It is commonly used in loan transactions, project finance, asset finance, and general corporate financing where assignable assets (such as receivables, contract rights, or insurance claims) serve as collateral. The agreement must precisely identify the assigned assets and include specific provisions required under German law for the security interest to be valid and enforceable. This document type is particularly important in the German market as it provides an effective security mechanism while accommodating German law's strict requirements for security interests.
Suggested Sections

1. Parties: Identification of the assignor and assignee, including full legal names and addresses

2. Background: Context of the assignment, reference to any underlying credit agreement or main obligation

3. Definitions: Key terms used throughout the agreement, including specific German legal terminology where relevant

4. Assignment: Core provision detailing the assignment of the collateral, meeting German law requirements for specificity

5. Representations and Warranties: Assignor's confirmations regarding ownership, authority, and absence of encumbrances

6. Perfection Requirements: Steps required to perfect the assignment under German law, including any notification requirements

7. Rights and Obligations: Ongoing obligations of both parties, including maintenance of collateral and reporting requirements

8. Enforcement: Circumstances and procedures for enforcing the security interest in accordance with German law

9. Term and Termination: Duration of the agreement and conditions for termination

10. Governing Law and Jurisdiction: Explicit reference to German law and jurisdiction

Optional Sections

1. Regulatory Compliance: Required when either party is a regulated entity under German banking laws

2. Third Party Rights: Needed when the collateral involves rights against third parties

3. Insurance: Required when the collateral includes physical assets that should be insured

4. Tax Provisions: Relevant when the assignment has significant tax implications

5. Further Assurance: Optional section for complex collateral requiring additional documentation or actions

6. Special Enforcement Provisions: Required for specific types of collateral with unique enforcement requirements

Suggested Schedules

1. Schedule of Collateral: Detailed description of all assets being assigned, meeting German specificity requirements

2. Form of Notice: Template for any required notices to third parties under German law

3. Perfection Requirements: Checklist of specific actions required to perfect the security interest

4. Power of Attorney: Form of power of attorney for enforcement purposes if applicable

5. Existing Encumbrances: List of any permitted existing encumbrances on the collateral

6. Required Consents: List of required third-party consents and their status

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions












































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Relevant Industries

Banking & Financial Services

Manufacturing

Real Estate

Infrastructure

Energy

Telecommunications

Technology

Industrial

Healthcare

Retail & Consumer Goods

Transportation & Logistics

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Credit

Corporate Finance

Transaction Management

Security Administration

Relevant Roles

Legal Counsel

Finance Director

Chief Financial Officer

Risk Manager

Treasury Manager

Compliance Officer

Corporate Lawyer

Banking Lawyer

Security Trustee

Credit Manager

Transaction Manager

Contract 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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