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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
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Contract Formation and Enforcement in Switzerland: Overview
- General Contract and Boilerplate
- Switzerland
IMAGES
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