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Assignment Of Claim Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Assignment Of Claim Agreement

"I need an Assignment of Claim Agreement under Hong Kong law to transfer a construction project payment claim worth HKD 5.2 million from my company to a debt collection agency, with completion scheduled for March 15, 2025."

Document background
The Assignment Of Claim Agreement is a crucial legal instrument used in Hong Kong when one party needs to transfer their legal rights or claims to another party. This document is commonly used in debt assignments, factoring arrangements, corporate restructuring, or as part of security arrangements in financing transactions. It becomes particularly relevant in scenarios involving debt collection, portfolio sales, or when companies need to monetize their receivables. The agreement must comply with Hong Kong's legal framework, particularly the Law Amendment and Reform (Consolidation) Ordinance and the Contract and Rights of Third Parties Ordinance. It typically includes detailed descriptions of the claim being assigned, warranties about the claim's validity, and provisions for perfecting the assignment through notice to relevant parties.
Suggested Sections

1. Parties: Identification of the Assignor (current holder of the claim) and Assignee (party receiving the claim), including full legal names and addresses

2. Background: Context of the original claim, relationship between parties, and reason for assignment

3. Definitions: Key terms used throughout the agreement, including 'Claim', 'Assignment Date', 'Original Contract', etc.

4. Assignment: Core clause detailing the transfer of rights from Assignor to Assignee, including the scope of rights being transferred

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

6. Assignor's Warranties: Warranties regarding ownership of claim, right to assign, no prior assignment, etc.

7. Further Assurance: Obligation to execute further documents and take additional steps if needed to perfect the assignment

8. Notices: Process for serving notices under the agreement

9. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction

10. Execution: Signature blocks and execution formalities

Optional Sections

1. Security Interest: Required if the assignment is being given as security rather than an absolute assignment

2. Conditions Precedent: Include if the assignment is conditional upon certain events or actions

3. Power of Attorney: Include if Assignee needs power to act in Assignor's name to enforce the claim

4. Confidentiality: Include if sensitive information is involved in the claim or assignment

5. Tax Provisions: Include if there are specific tax implications that need to be addressed

6. Third Party Consent: Include if the original contract requires consent for assignment

Suggested Schedules

1. Details of the Claim: Full details of the claim being assigned, including relevant documents and correspondence

2. Original Contract: Copy of the contract or document that gives rise to the claim

3. Form of Notice: Template notice to be sent to the debtor/counterparty informing them of the assignment

4. Consideration Calculation: If the consideration is complex, details of how it is calculated

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



























Clauses























Relevant Industries

Financial Services

Banking

Insurance

Asset Management

Private Equity

Legal Services

Real Estate

Construction

Manufacturing

Healthcare

Retail

Technology

Relevant Teams

Legal

Finance

Treasury

Credit Control

Risk Management

Compliance

Corporate Secretarial

Commercial

Business Development

Debt Collection

Relevant Roles

Legal Counsel

Corporate Lawyer

Finance Director

Chief Financial Officer

Credit Manager

Risk Manager

Debt Collection Manager

Transaction Manager

Portfolio Manager

Compliance Officer

Company Secretary

Commercial Director

Business Development Manager

Treasury 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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