Credit Assignment Agreement Template for India

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Key Requirements PROMPT example:

Credit Assignment Agreement

"I need a Credit Assignment Agreement for my company to transfer a corporate loan portfolio worth ₹50 million to an NBFC in Mumbai, with the transfer to be completed by March 2025 and including provisions for ongoing security arrangements."

Document background
The Credit Assignment Agreement is a crucial document used in Indian financial and business transactions when one party wishes to transfer its credit rights to another party. This agreement is commonly used in debt portfolio sales, asset restructuring, or business reorganizations. It must comply with Indian legislation, particularly the Transfer of Property Act, 1882, which governs the assignment of actionable claims, and the Indian Contract Act, 1872, which provides the fundamental contractual framework. The document comprehensively covers the assignment terms, including credit details, consideration, representations, and necessary regulatory approvals. It's particularly relevant in scenarios involving bank debt assignments, corporate debt restructuring, or when financial institutions sell their loan portfolios. The agreement must address specific Indian legal requirements such as stamp duty compliance, registration requirements (if applicable), and RBI guidelines for regulated entities.
Suggested Sections

1. Parties: Identification of the Assignor (current creditor) and Assignee (new creditor), including their complete legal names, registration details, and addresses

2. Background: Context of the original credit/debt, relationship between parties, and purpose of the assignment

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation

4. Assignment: Core provision detailing the transfer of rights, specific credit/debt being assigned, and effective date of assignment

5. Consideration: Details of the payment or other consideration for the assignment

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

7. Assignor's Covenants: Obligations of the assignor including cooperation in transfer, delivery of documents, and future actions

8. Notice and Communication: Requirements and process for notifying the debtor and other relevant parties about the assignment

9. Indemnification: Indemnity provisions protecting parties against breaches or misrepresentations

10. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

Optional Sections

1. Security Transfer: Required when the assigned credit is secured by collateral or guarantees

2. Third Party Rights: Needed when there are existing third-party rights or claims that need to be addressed

3. Further Assurance: Additional provisions for future cooperation and documentation

4. Costs and Expenses: Allocation of transaction costs, stamp duty, and registration fees

5. Confidentiality: Required when sensitive commercial or personal information is involved

6. Assignment Restrictions: Include when there are limitations on further assignment by the assignee

7. Regulatory Compliance: Required when the assignment involves regulated entities or requires regulatory approvals

8. Tax Provisions: Include when there are specific tax implications or allocations to be addressed

Suggested Schedules

1. Schedule 1 - Details of Assigned Credit: Comprehensive details of the credit being assigned including amount, interest, payment terms, and current status

2. Schedule 2 - Original Credit Documentation: List and copies of all relevant original credit documents

3. Schedule 3 - Security Details: Details of any security or collateral associated with the assigned credit

4. Schedule 4 - Payment Details: Bank account and payment instruction details for the consideration

5. Schedule 5 - Form of Notice to Debtor: Template of notice to be sent to the debtor regarding the assignment

6. Appendix A - Power of Attorney: If required, format of power of attorney for executing related documents

7. Appendix B - Compliance Certificates: Any required regulatory or compliance certificates

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

Financial Services

Asset Management

Debt Collection

Private Equity

Investment Banking

Corporate Finance

Real Estate Finance

Insurance

Non-Banking Financial Companies (NBFCs)

Relevant Teams

Legal

Finance

Risk Management

Compliance

Corporate Finance

Treasury

Credit Operations

Debt Recovery

Portfolio Management

Documentation

Relevant Roles

Legal Counsel

Finance Manager

Credit Manager

Risk Management Officer

Compliance Officer

Corporate Finance Manager

Investment Manager

Debt Recovery Officer

Portfolio Manager

Treasury Manager

Chief Financial Officer

Legal Director

Credit Risk Analyst

Corporate Lawyer

Financial Controller

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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