Security Assignment Agreement Template for Switzerland

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Key Requirements PROMPT example:

Security Assignment Agreement

"I need a Swiss law Security Assignment Agreement for a CHF 5 million bank loan where my company will assign its trade receivables to the bank as security, with the agreement to be effective from March 1, 2025."

Document background
The Security Assignment Agreement is a key document used in Swiss secured financing transactions where rights, claims, or receivables are provided as collateral. It is commonly used in various contexts including project finance, asset finance, and general corporate lending. The agreement details the specific rights being assigned, perfection requirements under Swiss law, enforcement mechanisms, and the ongoing obligations of the parties. The document must comply with Swiss security interest regulations, particularly regarding form requirements and third-party notifications. It is essential in transactions where lenders require security over intangible assets such as contract rights, insurance claims, or bank account balances. The Security Assignment Agreement typically forms part of a broader security package and may be accompanied by other security documents depending on the transaction structure.
Suggested Sections

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

2. Background: Context of the security assignment, including reference to any underlying obligations or facilities being secured

3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including specific Swiss law concepts

4. Assignment: Core provision establishing the assignment of rights as security, complying with Swiss law requirements for valid assignment

5. Scope of Assignment: Detailed description of the assigned rights and claims, including present and future rights if applicable

6. Perfection Requirements: Steps required to perfect the assignment under Swiss law, including notification requirements and registrations

7. Representations and Warranties: Assignor's confirmations regarding ownership, capacity, and absence of encumbrances

8. Assignor's Obligations: Ongoing obligations of the Assignor regarding the assigned rights

9. Enforcement: Rights and procedures for enforcing the security in accordance with Swiss law

10. Power of Attorney: Irrevocable power of attorney granted to the Assignee for perfection and enforcement

11. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction of Swiss courts

Optional Sections

1. Further Security: Additional security arrangements, used when multiple types of security are being created

2. Bank Accounts: Specific provisions for assigned bank accounts, including operating procedures and restrictions

3. Insurance: Provisions regarding insurance of any underlying assets, used when physical assets are involved

4. Release and Reassignment: Terms for releasing the security and reassigning rights, used in more complex transactions

5. Priority Arrangements: Provisions dealing with ranking of security, used when multiple security interests exist

6. Data Protection: Specific provisions regarding personal data, required when assigned rights involve personal data

7. Currency Provisions: Used when assigned rights are in multiple currencies or currency conversion is relevant

Suggested Schedules

1. Schedule 1 - Assigned Rights: Detailed description and identification of all rights being assigned

2. Schedule 2 - Form of Notice of Assignment: Template notice to be sent to relevant third parties (e.g., debtors) as required by Swiss law

3. Schedule 3 - Form of Acknowledgment: Template acknowledgment to be obtained from relevant third parties

4. Schedule 4 - Perfection Requirements: Detailed list of specific actions required to perfect the security interest

5. Schedule 5 - Contract Details: Details of underlying contracts relating to assigned rights

6. Appendix A - Powers of Attorney: Forms of powers of attorney required under Swiss law

7. Appendix B - Registration Forms: Any required registration forms or filings under Swiss law

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
Clauses
Relevant Industries

Banking and Financial Services

Insurance

Real Estate

Manufacturing

Technology

Infrastructure

Energy

Telecommunications

Healthcare

Professional Services

Trading and Commerce

Construction

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Finance

Credit

Transaction Management

Security Administration

Operations

Relevant Roles

Legal Counsel

Finance Director

Chief Financial Officer

Treasury Manager

Credit Risk Manager

Security Trustee

Compliance Officer

Transaction Manager

Corporate Finance Manager

Legal Director

Banking Lawyer

Security Agent

Contract 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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