Assignment Of Debt Agreement Template for Belgium

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Key Requirements PROMPT example:

Assignment Of Debt Agreement

"I need an Assignment of Debt Agreement under Belgian law for transferring a single corporate loan of €2.5 million from our bank to a qualified institutional buyer, with completion scheduled for March 15, 2025."

Document background
The Assignment Of Debt Agreement is a crucial legal instrument used in Belgian business and financial transactions when one party wishes to transfer its rights as a creditor to another party. This document is essential in various scenarios, including debt portfolio sales, corporate restructuring, or financial asset management. Under Belgian law, particularly following the 2022 civil code reform, specific formal requirements must be met for a valid assignment, including proper identification of the debt, consideration details, and mandatory debtor notification. The agreement must comply with Belgian Civil Code articles 1689-1701 and relevant financial regulations when applicable. It's commonly used by financial institutions, businesses, and professional services firms for both single debt transfers and portfolio transactions, requiring careful attention to detail in documenting the transfer terms, warranties, and compliance requirements.
Suggested Sections

1. Parties: Identification of the Assignor (current creditor) and Assignee (new creditor), including full legal names, registration numbers, and registered addresses

2. Background: Context of the debt assignment, including origin of the debt and reason for assignment

3. Definitions: Definitions of key terms used throughout the agreement, including 'Debt', 'Assignment Date', 'Original Contract', etc.

4. Assignment: Core provision detailing the transfer of the debt from Assignor to Assignee, including the exact amount and identification of the debt being assigned

5. Price and Payment: Details of the consideration paid for the assignment and payment terms

6. Effective Date: Specification of when the assignment takes effect and any conditions precedent

7. Assignor's Warranties: Warranties regarding the existence, validity, and enforceability of the debt, and Assignor's right to assign

8. Debtor Notification: Provisions regarding the notification of the debtor about the assignment, as required under Belgian law

9. Further Assurance: Obligations to execute additional documents or take further actions necessary to perfect the assignment

10. Governing Law and Jurisdiction: Specification of Belgian law as governing law and designation of competent courts

Optional Sections

1. Security Transfer: Required when any security interests or guarantees associated with the debt are being transferred

2. Tax Provisions: Include when there are specific tax implications or arrangements between the parties regarding tax liabilities

3. Regulatory Compliance: Required when either party is a regulated entity or when the assignment requires regulatory approvals

4. Data Protection: Include when personal data is involved in the assigned debt, particularly for consumer debts

5. Anti-Money Laundering: Required when the assignment falls under AML regulations or involves regulated entities

6. Costs and Expenses: Include when there's a need to specify responsibility for costs related to the assignment

7. Confidentiality: Include when parties wish to keep the assignment confidential (subject to mandatory disclosure requirements)

8. Partial Assignment: Required when only a portion of a debt is being assigned

Suggested Schedules

1. Schedule 1 - Debt Details: Detailed description of the debt being assigned, including original contract details, current balance, and payment history

2. Schedule 2 - Form of Notice to Debtor: Template for the mandatory notice to be sent to the debtor informing them of the assignment

3. Schedule 3 - Related Security Interests: List and details of any security interests or guarantees associated with the debt

4. Schedule 4 - Required Consents: List of any third-party or regulatory consents required for the assignment

5. Appendix A - Original Debt Documentation: Copies of original debt agreements and relevant amendments

6. Appendix B - Payment Instructions: Details of bank accounts and payment procedures for the consideration

Authors

Alex Denne

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

Relevant legal definitions
Relevant Industries

Banking and Financial Services

Commercial Real Estate

Manufacturing

Retail

Healthcare

Professional Services

Construction

Technology

Telecommunications

Energy and Utilities

Insurance

Asset Management

Debt Collection and Recovery

Relevant Teams

Legal

Finance

Treasury

Credit Management

Risk Management

Compliance

Corporate Development

Debt Recovery

Portfolio Management

Transaction Management

Business Development

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Debt Recovery Manager

Credit Manager

Treasury Manager

Risk Manager

Portfolio Manager

Compliance Officer

Financial Controller

Business Development Director

Account Manager

Investment Manager

Asset Manager

Restructuring Officer

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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