Assignment Of Proceeds Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Assignment Of Proceeds Agreement

"I need a Hong Kong law Assignment of Proceeds Agreement where my construction company (BuildCo Ltd) will assign the proceeds from our ongoing project contract to ABC Bank Limited, with the assignment to take effect from March 1, 2025."

Document background
An Assignment Of Proceeds Agreement is a crucial document in Hong Kong's commercial landscape, used when a party wishes to transfer its right to receive payments or proceeds to another party. This type of agreement is commonly used in financing arrangements, project finance, receivables financing, and security arrangements. The document must comply with Hong Kong's legal requirements, particularly the Law Amendment and Reform (Consolidation) Ordinance and relevant common law principles. It typically includes detailed provisions about the assigned rights, payment mechanisms, representations about the validity of the assignment, and enforcement procedures. The agreement is particularly important in structured finance transactions and can be used as both a primary financing tool and as part of broader security arrangements in Hong Kong.
Suggested Sections

1. Parties: Identifies the Assignor and Assignee, including their full legal names, addresses, and company registration numbers if applicable

2. Background: Sets out the context of the assignment, including reference to the underlying contract generating the proceeds

3. Definitions: Defines key terms used throughout the agreement, including 'Proceeds', 'Underlying Contract', and 'Assignment Date'

4. Assignment: Core clause that effects the legal transfer of the proceeds from Assignor to Assignee

5. Consideration: States the consideration being provided for the assignment

6. Representations and Warranties: Assignor's confirmations regarding ownership, right to assign, and absence of encumbrances

7. Covenants: Ongoing obligations of the Assignor, including cooperation in enforcing rights

8. Payment Mechanics: Details of how and when payments will be made to the Assignee

9. Notices: Procedures for giving notices under the agreement

10. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes

Optional Sections

1. Security: Additional security arrangements if the assignment is part of a secured transaction

2. Further Assurance: Obligations to execute additional documents or take further steps if needed

3. Power of Attorney: Grants power of attorney to the Assignee to enforce rights directly, used in absolute assignments

4. Tax: Tax-related provisions if the assignment has significant tax implications

5. Confidentiality: Confidentiality obligations if sensitive commercial information is involved

6. Third Party Rights: Provisions regarding rights of third parties under the Contracts (Rights of Third Parties) Ordinance

7. Multiple Parties: Additional provisions for when there are multiple assignors or assignees

Suggested Schedules

1. Details of the Underlying Contract: Full details of the contract generating the proceeds being assigned

2. Form of Notice: Template notice to be sent to the debtor/contract counterparty regarding the assignment

3. Payment Details: Bank account and payment instruction details for receiving assigned proceeds

4. Conditions Precedent: List of conditions that must be satisfied before the assignment becomes effective

5. Existing Encumbrances: Details of any existing security interests or encumbrances over the proceeds, if any

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 Industries

Banking and Financial Services

Construction and Infrastructure

International Trade

Real Estate

Manufacturing

Energy and Utilities

Telecommunications

Healthcare

Retail and Consumer Goods

Technology

Relevant Teams

Legal

Finance

Treasury

Commercial

Credit Control

Risk Management

Corporate Finance

Accounts Receivable

Company Secretarial

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Contract Manager

Project Finance Manager

Credit Manager

Commercial Director

Risk Manager

Corporate Finance Manager

Accounts Receivable Manager

General Counsel

Company Secretary

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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