Assignment of Contract Template for Switzerland

An Assignment of Contract happens when one party transfers their rights and obligations under a contract to someone else, with the other party's consent. Under Swiss law, this transfer lets a new party step into the original contract while keeping all the core terms intact - much like handing over the keys to an apartment lease.

Swiss Code of Obligations Article 164 governs these transfers, requiring written agreements and clear consent from everyone involved. Companies often use assignments to reorganize business deals, transfer leases, or handle mergers - but some contracts specifically forbid assignment, making it crucial to check the original agreement's terms first.

Use an Assignment of Contract when you need to transfer your contractual position to another party in Switzerland. Common scenarios include selling your business, transferring lease agreements, or restructuring company operations where contracts need to move between entities. It's particularly valuable during mergers and acquisitions when contracts need to shift to the new business structure.

This tool becomes essential when maintaining business continuity through organizational changes. Swiss law requires written documentation and clear consent from all parties, making Assignment of Contract agreements crucial for smooth transitions. Many businesses use them during corporate reorganizations, property management changes, or when transferring ongoing service agreements.

• Accounts Receivable Assignment Agreement: Used specifically for transferring rights to collect payments, common in factoring and financing arrangements
• Agreement To Assignment: General consent document where all parties formally agree to the transfer of contract rights and obligations
• Assignment Of Employment Agreement: Transfers employment contracts during business sales or restructuring
• Assignment Of Rights Agreement: Focuses on transferring specific contractual rights while potentially retaining certain obligations
• Employee Assignment Agreement: Specialized form for transferring intellectual property rights from employees to employers

• Business Owners: Often initiate Assignment of Contract agreements during company sales, mergers, or restructuring to transfer valuable commercial agreements
• Corporate Legal Teams: Draft and review assignments to ensure compliance with Swiss law and protect company interests
• Property Managers: Use assignments to transfer lease agreements when properties change ownership or management
• Financial Institutions: Handle assignments of receivables, loans, and other financial contracts
• Contract Administrators: Manage the practical aspects of transferring agreements and securing necessary approvals
• Original Contract Parties: Must consent to the assignment and continue performing under the transferred agreement

• Original Contract Review: Locate and examine the original contract to confirm it allows assignment and identify all key terms
• Party Information: Gather complete details of the original parties and the new party taking over the contract
• Consent Documentation: Secure written approval from all parties involved, as required by Swiss law
• Contract Specifics: List all rights, obligations, and responsibilities being transferred
• Effective Date: Determine when the assignment takes effect and any transition arrangements
• Document Generation: Use our platform to create a legally-sound assignment agreement that includes all required elements under Swiss law
• Signature Requirements: Prepare for proper execution with authorized signatories from each party

• Identification Section: Full legal names and addresses of all parties, including the original contract parties and new assignee
• Original Contract Reference: Details of the agreement being assigned, including its date and parties
• Assignment Scope: Clear description of rights and obligations being transferred under Swiss law
• Consideration Clause: Statement of any payment or value exchanged for the assignment
• Consent Provisions: Written agreement from all parties as required by Swiss Code of Obligations
• Effective Date: Specific timing when the assignment takes effect
• Governing Law: Express reference to Swiss law jurisdiction
• Signature Block: Spaces for all parties to sign, with proper authentication requirements

Assignment of Contract differs significantly from a Termination of Contract in Swiss law. While both modify existing contractual relationships, they serve fundamentally different purposes and lead to very different outcomes.

• Continuity vs. Ending: Assignment transfers rights and obligations to a new party while keeping the contract alive; termination ends the agreement completely
• Party Relationships: Assignment maintains the original contract terms with a new party stepping in; termination dissolves all contractual relationships
• Legal Requirements: Assignment needs consent from all parties under Swiss law; termination typically follows pre-agreed termination clauses
• Business Impact: Assignment preserves business continuity and valuable agreements; termination requires winding down operations and settling final obligations
• Future Rights: Assignment creates new rights and obligations for the assignee; termination typically only leaves residual obligations for final settlements