The Confirmatory Deed of Assignment is a crucial legal instrument in New Zealand business and property transactions, used when parties need to formally confirm and strengthen a previous assignment of rights, property, or obligations. This document type is particularly valuable in situations where the original assignment may have been informal, incompletely documented, or requires additional certainty for legal or commercial purposes. It is governed by New Zealand law, including the Property Law Act 2007 and Contract and Commercial Law Act 2017, and must comply with specific requirements for deed execution. The document typically includes comprehensive details about the original assignment, explicit confirmation of the transfer, warranties, and any necessary third-party consents. It's commonly used in business acquisitions, property transfers, intellectual property assignments, and other situations where formal confirmation of a transfer is required for legal or commercial certainty.
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1. Parties: Identifies and defines the Assignor, Assignee, and any other relevant parties to the deed
2. Background: Recitals explaining the context of the original assignment and why this confirmatory deed is necessary
3. Definitions and Interpretation: Defines key terms used in the deed and sets out interpretation rules
4. Confirmation of Assignment: Expressly confirms the previous assignment and its terms
5. Original Assignment Details: Specifies the details of the original assignment including date, parties, and subject matter
6. Consideration: States the consideration (if any) for the confirmation of assignment
7. Warranties and Representations: Standard warranties about the assigned property/rights and authority to assign
8. Further Assurance: Obligation to execute further documents if needed
9. Governing Law: Specifies New Zealand law as governing law
10. Execution: Formal execution block meeting requirements for deeds under New Zealand law
1. GST Provisions: Include when the assignment involves assets or rights that may have GST implications
2. Third Party Consent: Include when the original assignment required third party consent that wasn't properly obtained
3. Intellectual Property Provisions: Include when the assignment involves IP rights
4. Confidentiality: Include when the assignment involves sensitive information or trade secrets
5. Release and Indemnity: Include when parties need to address potential claims arising from the period between original and confirmatory assignment
6. Registration Rights: Include when the assigned property requires registration with authorities
7. Retention of Title: Include when there are specific provisions about when title passes
1. Schedule 1 - Assigned Property: Detailed description of the property or rights being assigned
2. Schedule 2 - Original Assignment Documentation: Copies or details of the original assignment agreement or documentation
3. Schedule 3 - Encumbrances: List of any existing encumbrances, liens, or other interests affecting the assigned property
4. Appendix A - Required Consents: Copies of third-party consents or regulatory approvals
5. Appendix B - Transfer Documentation: Any additional transfer forms or documentation required for registration purposes
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