Assignment Of Proceeds Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Assignment Of Proceeds Agreement

"I need an Assignment of Proceeds Agreement under UAE law for assigning construction project payments from our Dubai-based company to a local bank as security for a new credit facility, with the assignment to take effect from March 1, 2025."

Document background
The Assignment Of Proceeds Agreement is a crucial document in UAE commercial practice, commonly used in financing arrangements, project developments, and commercial transactions. It enables businesses to monetize their receivables, secure financing, or restructure payment arrangements by legally transferring their rights to receive future payments. Under UAE law, such assignments must comply with specific provisions of the Civil Code regarding hawala (assignment) and should consider Sharia law principles where applicable. The agreement typically details the scope of assigned proceeds, payment mechanics, and notification requirements to debtors. It's particularly valuable in project finance, construction contracts, and trade finance where future payment streams need to be assigned for financing or security purposes. The document must address UAE-specific requirements for valid assignments, including clear identification of rights and proper notification procedures.
Suggested Sections

1. Parties: Identification of Assignor, Assignee, and where relevant, the Debtor/Obligor

2. Background: Context of the assignment, including details of the underlying contract or right generating the proceeds

3. Definitions and Interpretation: Key terms including Assigned Rights, Proceeds, Underlying Contract, Effective Date, etc.

4. Assignment: Core provisions detailing the assignment of proceeds, consideration, and effective date

5. Payment Mechanics: Details of how and where assigned proceeds should be paid

6. Representations and Warranties: Assignor's warranties regarding ownership, right to assign, no encumbrances, etc.

7. Covenants: Ongoing obligations of the Assignor regarding the assigned proceeds

8. Notices: Requirements and procedures for serving notices, including notice to the Debtor/Obligor

9. Governing Law and Jurisdiction: Specification of UAE law and jurisdiction details

Optional Sections

1. Security Provisions: Additional security arrangements if the assignment is for security purposes

2. Tax Provisions: Required if the assignment has tax implications or involves cross-border payments

3. Further Assurance: Optional provisions for additional documentation or actions to perfect the assignment

4. Sharia Compliance: Required if the agreement needs to be Sharia-compliant

5. Assignment and Transfer: Optional provisions allowing/restricting further assignment of rights

6. Costs and Expenses: Optional section detailing responsibility for costs of the assignment

7. Severability: Optional boilerplate for severability of provisions

8. Force Majeure: Optional provisions for handling force majeure events affecting the assigned proceeds

Suggested Schedules

1. Form of Notice to Debtor: Template notice to be sent to the Debtor/Obligor regarding the assignment

2. Details of Assigned Proceeds: Detailed description of the proceeds being assigned, including payment schedules if applicable

3. Copy of Underlying Contract: The contract or agreement generating the assigned proceeds

4. Payment Details: Bank account and payment routing information

5. Power of Attorney: If required, form of power of attorney for the Assignee to act on assigned rights

6. Corporate Authorizations: Copies of relevant corporate approvals and authorizations

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

Construction and Infrastructure

Energy and Resources

Real Estate Development

Trading and Commerce

Manufacturing

Project Finance

Insurance

Telecommunications

Maritime and Shipping

Relevant Teams

Legal

Finance

Treasury

Commercial

Risk Management

Compliance

Credit

Corporate Secretariat

Project Finance

Operations

Relevant Roles

Legal Counsel

Finance Director

Treasury Manager

Contract Manager

Project Finance Manager

Chief Financial Officer

Commercial Director

Risk Manager

Company Secretary

Compliance Officer

Transaction Manager

Credit 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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