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Credit Assignment Agreement

Credit Assignment Agreement Template for Switzerland

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Key Requirements PROMPT example:

Credit Assignment Agreement

"I need a Swiss law Credit Assignment Agreement for transferring a corporate loan portfolio worth 5 million CHF from ABC Bank AG to XYZ Investment Fund, with completion scheduled for March 15, 2025, including provisions for existing security interests and data protection compliance."

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Document background
The Credit Assignment Agreement is a crucial document used in Swiss commercial and financial transactions when one party wishes to transfer its rights in a credit to another party. This document is commonly used in debt trading, portfolio sales, corporate restructuring, or refinancing scenarios. Under Swiss law, the agreement must satisfy specific requirements of the Swiss Code of Obligations, particularly Articles 164-174, which govern the assignment of claims (cession). The document typically includes detailed information about the assigned credit, purchase price, warranties about the credit's status, and completion mechanisms. It's essential for businesses engaged in credit transfers, debt restructuring, or portfolio management, providing a legally compliant framework for transferring credit rights while protecting both assignor and assignee interests.
Suggested Sections

1. Parties: Identification of the Assignor and Assignee with full legal names and addresses

2. Background: Context of the assignment, including description of the original credit relationship and reason for assignment

3. Definitions: Key terms used throughout the agreement, including 'Assigned Credit', 'Effective Date', 'Original Credit Agreement', etc.

4. Assignment: Core provision detailing the transfer of the credit from Assignor to Assignee, including the scope of rights transferred

5. Purchase Price and Payment: Details of the consideration for the assignment and payment mechanics

6. Representations and Warranties: Assignor's confirmations regarding the validity and status of the assigned credit

7. Completion: Actions to be taken to perfect the assignment, including notifications to the debtor

8. Further Assurance: Obligations to execute additional documents or take further steps necessary to effect the assignment

9. Notices: Communication protocols between parties

10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

Optional Sections

1. Security: Required if any security interests are being transferred along with the credit

2. Data Protection: Required if personal data is involved in the assigned credit relationship

3. Tax Provisions: Include if there are specific tax implications or allocations to be addressed

4. Bank Account Details: Include if ongoing payments are to be redirected to specific accounts

5. Regulatory Compliance: Required if the assignment involves regulated financial institutions or requires regulatory approvals

Suggested Schedules

1. Schedule 1 - Details of Assigned Credit: Detailed description of the credit being assigned, including principal amount, interest rate, maturity date, and payment schedule

2. Schedule 2 - Form of Notice to Debtor: Template notification to inform the debtor of the assignment

3. Schedule 3 - Copies of Original Credit Documentation: Copies of the underlying credit agreement and related documents

4. Appendix A - Payment Details: Bank account and payment routing information for future payments

5. Appendix B - Power of Attorney: If required, form of power of attorney for the Assignee to act in relation to the assigned credit

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Financial Services

Banking

Insurance

Asset Management

Private Equity

Real Estate

Commercial Lending

Trade Finance

Manufacturing

Construction

Healthcare

Retail

Relevant Teams

Legal

Finance

Treasury

Credit Management

Risk Management

Commercial

Compliance

Corporate Finance

Investment

Portfolio Management

Debt Recovery

Business Development

Relevant Roles

Legal Counsel

Finance Director

Credit Manager

Portfolio Manager

Treasury Manager

Risk Manager

Commercial Director

Chief Financial Officer

Debt Recovery Manager

Investment Manager

Corporate Finance Manager

Compliance Officer

Contract Manager

Business Development Manager

Industries
Swiss Code of Obligations (OR) - Articles 164-174: Core provisions governing the assignment of claims (cession) in Switzerland, including form requirements, transferability of claims, and legal effects of assignment
Swiss Code of Obligations (OR) - Articles 1-40: General provisions on contract formation, validity, and interpretation applicable to all contracts including assignment agreements
Federal Act on Debt Collection and Bankruptcy (SchKG): Relevant for enforcement of assigned claims and creditor rights in case of default or bankruptcy
Swiss Banking Act (BankG): Applicable if the assignment involves regulated financial institutions or banking claims
Federal Act on Data Protection (FADP): Relevant for handling personal data involved in the credit assignment, particularly if the assignment includes customer data
Swiss Civil Code (ZGB) - Articles 2 and 3: Fundamental principles of good faith and fair dealing that apply to all legal relationships in Switzerland
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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