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Deed Of Assignment Of Loan Template for Germany

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Key Requirements PROMPT example:

Deed Of Assignment Of Loan

"I need a Deed of Assignment of Loan under German law for transferring a €5 million corporate loan from Deutsche Bank to Commerzbank, with the original borrower being a manufacturing company, including provisions for associated security interests and completion scheduled for March 15, 2025."

Document background
The Deed of Assignment of Loan is essential in German financial and business transactions where loan rights need to be transferred between parties. This document is commonly used in loan portfolio sales, debt restructuring, or when financial institutions need to transfer loan exposures. The deed must comply with German legal requirements, including specific provisions of the German Civil Code (BGB) regarding assignments (Abtretung) and loan agreements (Darlehensvertrag). It contains detailed information about the original loan, the parties involved, the terms of the assignment, and any associated security interests. The document is particularly important in the context of German banking regulations and may require notarization depending on the circumstances. It serves as formal evidence of the transfer and protects the interests of all parties involved while ensuring compliance with German legal and regulatory requirements.
Suggested Sections

1. Parties: Identification of the Assignor (current loan holder), Assignee (new loan holder), and Original Borrower

2. Background: Details of the original loan agreement and the context for the assignment

3. Definitions: Definitions of key terms used throughout the deed, including 'Loan Agreement', 'Assigned Rights', and 'Effective Date'

4. Details of Original Loan: Summary of the essential terms of the original loan being assigned

5. Assignment: Core provision effecting the transfer of rights from Assignor to Assignee

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

7. Representations and Warranties: Assignor's warranties regarding ownership, right to assign, and status of the loan

8. Completion and Effective Date: Timing and conditions for the assignment to take effect

9. Further Assurance: Obligations to execute further documents or take additional steps if needed

10. Notices: Process for giving notices under the deed

11. Governing Law and Jurisdiction: Confirmation of German law governance and jurisdiction

Optional Sections

1. Security Transfer: Required if there are security interests associated with the loan that need to be transferred

2. Regulatory Compliance: Required if either party is a regulated entity or if the loan is subject to specific regulatory requirements

3. Consumer Protection Provisions: Required if the original loan is a consumer loan

4. Data Protection: Required if personal data is being transferred as part of the assignment

5. Third Party Consents: Required if any third party consents are needed for the assignment

6. Tax Provisions: Required if there are specific tax implications that need to be addressed

7. Currency Provisions: Required if the loan and assignment involve different currencies

Suggested Schedules

1. Schedule 1 - Original Loan Agreement: Copy or details of the original loan agreement being assigned

2. Schedule 2 - Loan Details: Detailed information about the loan including amount, interest rate, payment schedule, and current balance

3. Schedule 3 - Security Documents: List and copies of any security documents associated with the loan

4. Schedule 4 - Form of Notice to Borrower: Template of notice informing the borrower of the assignment

5. Schedule 5 - Completion Requirements: List of documents and actions required for completion

6. Appendix A - Power of Attorney: If required, form of power of attorney for executing additional documents

7. Appendix B - Payment Instructions: Details of bank accounts and payment procedures for the assigned loan

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

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Relevant Industries

Banking & Financial Services

Investment Management

Real Estate

Commercial Lending

Private Equity

Asset Management

Corporate Finance

Debt Collection & Recovery

Insurance

Manufacturing

Construction

Healthcare

Relevant Teams

Legal

Finance

Compliance

Credit Risk

Portfolio Management

Treasury

Debt Recovery

Corporate Finance

Documentation

Loan Administration

Risk Management

Relevant Roles

Legal Counsel

Finance Director

Chief Financial Officer

Compliance Officer

Credit Manager

Portfolio Manager

Investment Manager

Risk Manager

Treasury Manager

Debt Recovery Specialist

Corporate Lawyer

Banking Lawyer

Transaction Manager

Documentation Specialist

loan Administrator

Financial Controller

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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