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Securing of a loan: agreement for the assignment of claims, key points and english template.

On this page, we provide you with an overview of the most important aspects of an Agreement for the Assignment of Claims in Switzerland, including the elements to be taken into account when drawing up the agreement.

Subsequently, we will provide you with a legally compliant template of an an Agreement for the Assignment of Claims  under Swiss law.

Use an Agreement for the Assignment of Claims if ...

… you have granted a loan and the borrower assigns claims to you as security for repayment

… you have taken out a loan and must assign claims to the lender to secure the repayment

Key Points included in an Agreement for the Assignment of Claims:

  • Scope of the assignment and warranties regarding the claims
  • Duties and measures to maintain the value of the assigned claims
  • Modalities of notification of the assigned debtors
  • Conditions of enforcement of the claims and return of property

What is an Agreement for the Assignment of Claims?

Under this agreement regarding the assignment of claims, a borrower assigns claims to a lender to secure a  loan . The assigned claims are used as a collateral until full repayment . 

The parties can choose to assign certain defined claims (for instance, claims against insurance companies) or all of the lender’s current and future claims. 

If the borrower is in default for payments under the loan (for instance, it has failed to pay the interest when due), the lender may enforce the claims against the assigned debtors and request that all payments will be made to it until it has received the loan amount and interest due . The assigned claims thus allow the lender to recover (at least part of) its losses and serves to mitigate the credit risk of the borrower. 

Legally compliant template of an Agreement for the Assignment of Claims

Please create a free account and log in to your Approovd account. You can start creating the document you want and, only when you are convinced of its quality, you can choose the appropriate subscription . 

All our templates have been checked and validated by renowned Swiss lawyers. They are constantly updated according to legal practice.

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  • Practical Law

Contract Formation and Enforcement in Switzerland: Overview

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  • Switzerland


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