Assignment Of Receivables Agreement for the United Kingdom

Assignment Of Receivables Agreement Template for England and Wales

An Assignment of Receivables Agreement under English and Welsh law is a legal document that facilitates the transfer of rights to receive payment from one party to another. It enables businesses to monetize their accounts receivable, either through sale or as security for financing. The agreement must comply with the Law of Property Act 1925 and related legislation, requiring written form and typically including notice to debtors.

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What is a Assignment Of Receivables Agreement?

An Assignment Of Receivables Agreement is commonly used when businesses need to improve cash flow, secure financing, or restructure their receivables portfolio. Under English and Welsh law, this document formally transfers the right to collect payment from the assignor to the assignee, including details of the receivables, consideration, warranties, and notice requirements. It's particularly valuable for businesses seeking invoice factoring, debt financing, or restructuring their assets, and must comply with specific legal requirements for valid assignment under UK legislation.

What sections should be included in a Assignment Of Receivables Agreement?

1. Parties: Identification of assignor and assignee with full legal names and addresses

2. Background: Context of the assignment and description of the underlying receivables being assigned

3. Definitions: Key terms used throughout the agreement including 'Receivables', 'Assignment Date', 'Consideration'

4. Assignment: Core provisions effecting the legal transfer of receivables from assignor to assignee

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

6. Representations and Warranties: Assignor's confirmations about ownership, existence and validity of the receivables

7. Further Assurance: Obligations to take additional steps to perfect the assignment and assist with enforcement

8. Governing Law and Jurisdiction: Specification of English and Welsh law as governing law and jurisdiction of courts

What sections are optional to include in a Assignment Of Receivables Agreement?

1. Security Provisions: Additional provisions required when the assignment is by way of security rather than absolute assignment

2. Data Protection: Provisions for handling personal data when receivables involve individual debtors

3. Notice Requirements: Specific provisions about the timing and method of notifying debtors of the assignment

4. Consumer Protection: Additional provisions required when receivables involve consumer debtors

What schedules should be included in a Assignment Of Receivables Agreement?

1. Schedule of Receivables: Detailed list and description of all receivables being assigned

2. Form of Notice: Template notice to be sent to debtors informing them of the assignment

3. Powers of Attorney: Form of power of attorney where assignee is granted power to act in assignor's name

4. Excluded Receivables: List of any receivables specifically excluded from the scope of the assignment

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

Jurisdiction

England and Wales

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Industries

Law of Property Act 1925: Key legislation governing legal assignments, particularly Section 136 which sets out requirements for valid assignments including written notice to the debtor

Insolvency Act 1986: Contains provisions relating to security interests, rules regarding transactions at an undervalue, and protection against creditors in insolvency situations

Companies Act 2006: Covers registration requirements for certain types of charges and company disclosure obligations related to assignments

Financial Collateral Arrangements (No.2) Regulations 2003: Relevant when receivables qualify as financial collateral, providing specific rules for financial collateral arrangements

Common Law Assignment Requirements: Legal principles requiring absolute assignment (not by way of charge), written and signed by assignor, and express notice to debtor

Consumer Credit Act 1974: Applicable when the receivables involve consumer debt, providing consumer protection measures

GDPR and Data Protection Act 2018: Regulations governing the handling and protection of personal data involved in the receivables

Financial Services and Markets Act 2000: Relevant when the assignment involves regulated financial activities

Sale of Goods Act 1979: Applicable when the receivables arise from sale of goods transactions

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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