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Assignment Agreement Template

Use our assignment agreement to transfer contractual obligations.

Updated February 1, 2024 Reviewed by Brooke Davis

An assignment agreement is a legal document that transfers rights, responsibilities, and benefits from one party (the “assignor”) to another (the “assignee”). You can use it to reassign debt, real estate, intellectual property, leases, insurance policies, and government contracts.

What Is an Assignment Agreement?

What to include in an assignment agreement, how to assign a contract, how to write an assignment agreement, assignment agreement sample.

Partnership Interest

An assignment agreement effectively transfers the rights and obligations of a person or entity under an initial contract to another. The original party is the assignor, and the assignee takes on the contract’s duties and benefits.

It’s often a requirement to let the other party in the original deal know the contract is being transferred. It’s essential to create this form thoughtfully, as a poorly written assignment agreement may leave the assignor obligated to certain aspects of the deal.

The most common use of an assignment agreement occurs when the assignor no longer can or wants to continue with a contract. Instead of leaving the initial party or breaking the agreement, the assignor can transfer the contract to another individual or entity.

For example, imagine a small residential trash collection service plans to close its operations. Before it closes, the business brokers a deal to send its accounts to a curbside pickup company providing similar services. After notifying account holders, the latter company continues the service while receiving payment.

Create a thorough assignment agreement by including the following information:

• Effective Date:  The document must indicate when the transfer of rights and obligations occurs.
• Parties:  Include the full name and address of the assignor, assignee, and obligor (if required).
• Assignment:  Provide details that identify the original contract being assigned.
• Third-Party Approval: If the initial contract requires the approval of the obligor, note the date the approval was received.
• Signatures:  Both parties must sign and date the printed assignment contract template once completed. If a notary is required, wait until you are in the presence of the official and present identification before signing. Failure to do so may result in having to redo the assignment contract.

Review the Contract Terms

Carefully review the terms of the existing contract. Some contracts may have specific provisions regarding assignment. Check for any restrictions or requirements related to assigning the contract.

Check for Anti-Assignment Clauses

Some contracts include anti-assignment clauses that prohibit or restrict the ability to assign the contract without the consent of the other party. If there’s such a clause, you may need the consent of the original parties to proceed.

Determine Assignability

Ensure that the contract is assignable. Some contracts, especially those involving personal services or unique skills, may not be assignable without the other party’s agreement.

Get Consent from the Other Party (if Required)

If the contract includes an anti-assignment clause or requires consent for assignment, seek written consent from the other party. This can often be done through a formal amendment to the contract.

Prepare an Assignment Agreement

Draft an assignment agreement that clearly outlines the transfer of rights and obligations from the assignor (the party assigning the contract) to the assignee (the party receiving the assignment). Include details such as the names of the parties, the effective date of the assignment, and the specific rights and obligations being transferred.

Include Original Contract Information

Attach a copy of the original contract or reference its key terms in the assignment agreement. This helps in clearly identifying the contract being assigned.

Execution of the Assignment Agreement

Both the assignor and assignee should sign the assignment agreement. Signatures should be notarized if required by the contract or local laws.

Notice to the Other Party

Provide notice of the assignment to the non-assigning party. This can be done formally through a letter or as specified in the contract.

File the Assignment

File the assignment agreement with the appropriate parties or entities as required. This may include filing with the original contracting party or relevant government authorities.

Communicate with Third Parties

Inform any relevant third parties, such as suppliers, customers, or service providers, about the assignment to ensure a smooth transition.

Keep Copies for Records

Keep copies of the assignment agreement, original contract, and any related communications for your records.

Here’s a list of steps on how to write an assignment agreement:

Step 1 – List the Assignor’s and Assignee’s Details

List all of the pertinent information regarding the parties involved in the transfer. This information includes their full names, addresses, phone numbers, and other relevant contact information.

This step clarifies who’s transferring the initial contract and who will take on its responsibilities.

Step 2 – Provide Original Contract Information

Describing and identifying the contract that is effectively being reassigned is essential. This step avoids any confusion after the transfer has been completed.

Step 3 – State the Consideration

Provide accurate information regarding the amount the assignee pays to assume the contract. This figure should include taxes and any relevant peripheral expenses. If the assignee will pay the consideration over a period, indicate the method and installments.

Step 4 – Provide Any Terms and Conditions

The terms and conditions of any agreement are crucial to a smooth transaction. You must cover issues such as dispute resolution, governing law, obligor approval, and any relevant clauses.

Step 5 – Obtain Signatures

Both parties must sign the agreement to ensure it is legally binding and that they have read and understood the contract. If a notary is required, wait to sign off in their presence.

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Assignment of Life Insurance

WARNING! This form permanently transfers ownership of your FEGLI insurance to another individual, trustee, or corporation (however, premiums continue to be withheld from your salary/annuity). An assignment is irrevocable, and cannot be changed later. DO NOT USE THIS FORM if you only wish to designate a beneficiary to receive your life insurance. Instead, use the available designation of beneficiary form .

For more information about assignments and designations of beneficiary, see the FEGLI Booklet on Assignments , and Designation of Beneficiary and Order of Precedence .

FEGLI enrollees use this form to assign ownership of their life insurance coverage to another person, firm, or trust; and assignees use the form to reassign the coverage.

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• Life Insurance
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What Is a Collateral Assignment of Life Insurance?

Charlene Rhinehart is a CPA , CFE, chair of an Illinois CPA Society committee, and has a degree in accounting and finance from DePaul University.

A collateral assignment of life insurance is a conditional assignment appointing a lender as an assignee of a policy. Essentially, the lender has a claim to some or all of the death benefit until the loan is repaid. The death benefit is used as collateral for a loan.

The advantage to using a collateral assignee over naming the lender as a beneficiary is that you can specify that the lender is only entitled to a certain amount, namely the amount of the outstanding loan. That would allow your beneficiaries still be entitled to any remaining death benefit.

Lenders commonly require that life insurance serve as collateral for a business loan to guarantee repayment if the borrower dies or defaults. They may even require you to get a life insurance policy to be approved for a business loan.

Key Takeaways

• The borrower of a business loan using life insurance as collateral must be the policy owner, who may or may not be the insured.
• The collateral assignment helps you avoid naming a lender as a beneficiary.
• The collateral assignment may be against all or part of the policy's value.
• If any amount of the death benefit remains after the lender is paid, it is distributed to beneficiaries.
• Once the loan is fully repaid, the life insurance policy is no longer used as collateral.

How a Collateral Assignment of Life Insurance Works

Collateral assignments make sure the lender gets paid only what they are due. The borrower must be the owner of the policy, but they do not have to be the insured person. And the policy must remain current for the life of the loan, with the policy owner continuing to pay all premiums . You can use either term or whole life insurance policy as collateral, but the death benefit must meet the lender's terms.

A permanent life insurance policy with a cash value allows the lender access to the cash value to use as loan payment if the borrower defaults. Many lenders don't accept term life insurance policies as collateral because they do not accumulate cash value.

Alternately, the policy owner's access to the cash value is restricted to protect the collateral. If the loan is repaid before the borrower's death, the assignment is removed, and the lender is no longer the beneficiary of the death benefit.

Insurance companies must be notified of the collateral assignment of a policy. However, other than their obligation to meet the terms of the contract, they are not involved in the agreement.

Example of Collateral Assignment of Life Insurance

For example, say you have a business plan for a floral shop and need a $50,000 loan to get started. When you apply for the loan, the bank says you must have collateral in the form of a life insurance policy to back it up. You have a whole life insurance policy with a cash value of $65,000 and a death benefit of $300,000, which the bank accepts as collateral.

So, you then designate the bank as the policy's assignee until you repay the $50,000 loan. That way, the bank can ensure it will be repaid the funds it lent you, even if you died. In this case, because the cash value and death benefit is more than what you owe the lender, your beneficiaries would still inherit money.

Alternatives to Collateral Assignment of Life Insurance

Using a collateral assignment to secure a business loan can help you access the funds you need to start or grow your business. However, you would be at risk of losing your life insurance policy if you defaulted on the loan, meaning your beneficiaries may not receive the money you'd planned for them to inherit.

Consult with a financial advisor to discuss whether a collateral assignment or one of these alternatives may be most appropriate for your financial situation.

Life insurance loan (policy loan) : If you already have a life insurance policy with a cash value, you can likely borrow against it. Policy loans are not taxed and have less stringent requirements such as no credit or income checks. However, this option would not work if you do not already have a permanent life insurance policy because the cash value component takes time to build.

Surrendering your policy : You can also surrender your policy to access any cash value you've built up. However, your beneficiaries would no longer receive a death benefit.

Other loan types : Finally, you can apply for other loans, such as a personal loan, that do not require life insurance as collateral. You could use loans that rely on other types of collateral, such as a home equity loan that uses your home equity.

What Are the Benefits of Collateral Assignment of Life Insurance?

A collateral assignment of a life insurance policy may be required if you need a business loan. Lenders typically require life insurance as collateral for business loans because they guarantee repayment if the borrower dies. A policy with cash value can guarantee repayment if the borrower defaults.

What Kind of Life Insurance Can Be Used for Collateral?

You can typically use any type of life insurance policy as collateral for a business loan, depending on the lender's requirements. A permanent life insurance policy with a cash value allows the lender a source of funds to use if the borrower defaults. Some lenders may not accept term life insurance policies, which have no cash value. The lender will typically require the death benefit be a certain amount, depending on your loan size.

Is Collateral Assignment of Life Insurance Irrevocable?

A collateral assignment of life insurance is irrevocable. So, the policyholder may not use the cash value of a life insurance policy dedicated toward collateral for a loan until that loan has been repaid.

What is the Difference Between an Assignment and a Collateral Assignment?

With an absolute assignment , the entire ownership of the policy would be transferred to the assignee, or the lender. Then, the lender would be entitled to the full death benefit. With a collateral assignment, the lender is only entitled to the balance of the outstanding loan.

The Bottom Line

If you are applying for life insurance to secure your own business loan, remember you do not need to make the lender the beneficiary. Instead you can use a collateral assignment. Consult a financial advisor or insurance broker who can walk you through the process and explain its pros and cons as they apply to your situation.

Progressive. " Collateral Assignment of Life Insurance ."

Fidelity Life. " What Is a Collateral Assignment of a Life Insurance Policy? "

Kansas Legislative Research Department. " Collateral Assignment of Life Insurance Proceeds ."

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Elektrostal , Moscow Oblast, Russia

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Full name of the organization: OBSHCHESTVO S OGRANICHENNOI OTVETSTVENNOSTIU "AVANGARD"

TIN: 5053058250

KPP: 505301001

PSRN: 1195081005767

Location: 144006, Moscow Oblast, Elektrostal, pr-kt Lenina, 010, pomeshch. 29

Line of business: Renting and operating of own or leased real estate (OKVED code 68.20)

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Spatial Variations of the Activity of 137 Cs and the Contents of Heavy Metals and Petroleum Products in the Polluted Soils of the City of Elektrostal

• DEGRADATION, REHABILITATION, AND CONSERVATION OF SOILS
• Open access
• Published: 15 June 2022
• Volume 55 , pages 840–848, ( 2022 )

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• D. N. Lipatov 1 ,
• V. A. Varachenkov 1 ,
• D. V. Manakhov 1 ,
• M. M. Karpukhin 1 &
• S. V. Mamikhin 1  

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The levels of specific activity of 137 Cs and the contents of mobile forms (1 M ammonium acetate extraction) of heavy metals (Zn, Cu, Ni, Co, Cr, Pb) and petroleum products were studied in the upper soil horizon of urban landscapes of the city of Elektrostal under conditions of local radioactive and chemical contamination were studied. In the soils within a short radius (0–100 m) around the heavy engineering plant, the specific activity of 137 Cs and the contents of mobile forms of Pb, Cu, and Zn were increased. The lognormal distribution law of 137 Cs was found in the upper (0–10 cm) soil layer; five years after the radiation accident, the specific activity of 137 Cs varied from 6 to 4238 Bq/kg. The coefficients of variation increased with an increase in the degree of soil contamination in the following sequence: Co < Ni < petroleum products < Cr < 137 Cs < Zn < Pb < Cu ranging from 50 to 435%. Statistically significant direct correlation was found between the specific activity of 137 Cs and the contents of mobile forms of Pb, Cu, and Zn in the upper horizon of urban soils, and this fact indicated the spatial conjugacy of local spots of radioactive and polymetallic contamination in the studied area. It was shown that the specific activity of 137 Cs, as well as the content of heavy metals and petroleum products in the upper layer (0–10 cm) of the soils disturbed in the course of decontamination, earthwork and reclamation is reduced.

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INTRODUCTION

Contaminants migrate and accumulate in urban ecosystems under the impact of both natural and technogenic factors. The processes of technogenic migration of 137 Cs are most pronounced in radioactively contaminated territories. It was found in urboecological studies that the intensity of sedimentation of aerosol particles containing radionuclides and heavy metals is determined by the types of the surfaces of roofs, walls, roads, lawns, and parks and by their position within the urban wind field [ 12 , 26 ]. Traffic in the cities results in significant transport of dust and associated contaminants and radionuclides [ 15 , 24 ]. During decontamination measures in the areas of Chernobyl radioactive trace, not only the decrease in the level of contamination but also the possibility of secondary radioactive contamination because of the transportation of contaminated soil particles by wind or water, or anthropogenic transfer of transferring of ground were observed [ 5 , 6 ]. Rainstorm runoff and hydrological transport of dissolved and colloidal forms of 137 Cs can result in the accumulation of this radionuclide in meso- and microdepressions, where sedimentation takes place [ 10 , 16 ]. Different spatial distribution patterns of 137 Cs in soils of particular urban landscapes were found in the city of Ozersk near the nuclear fuel cycle works [ 17 ]. Natural character of 137 Cs migration in soils of Moscow forest-parks and a decrease in its specific activity in industrial areas have been revealed [ 10 ]. Determination of the mean level and parameters of spatial variations of 137 Cs in soils is one of primary tasks of radioecological monitoring of cities, including both unpolluted (background) and contaminated territories.

Emissions and discharges from numerous sources of contamination can cause the accumulation of a wide range of toxicants in urban soils: heavy metals (HMs), oil products (OPs), polycyclic aromatic hydrocarbons (PAHs), and other chemical substances. Soil contamination by several groups of toxicants is often observed in urban landscapes [ 20 , 23 ] because of the common contamination source or close pathways of the migration of different contaminants. A comprehensive analysis of contamination of urban soils by radionuclides and heavy metals has been performed in some studies [ 21 , 25 ]. The determination of possible spatial interrelationships between radioactive and chemical contaminations in urban soils is an important problem in urban ecology.

A radiation accident took place in the Elektrostal heavy engineering works (EHEW) in April 2013: a capacious source of 137 Cs entered the smelt furnace, and emission of radioactive aerosols from the aerating duct into the urban environment took place. The activity of molten source was estimated at about 1000–7000 Ci [ 14 ]. The area of contamination in the territory of the plant reached 7500 m 2 . However, radioactive aerosols affected a much larger area around the EHEW, including Krasnaya and Pervomaiskaya streets, and reached Lenin Prospect.

Geochemical evaluation of contamination of the upper soil horizon in the city of Elektrostal was carried out in 1989–1991. This survey indicated the anomalies of concentrations of wolfram, nickel, molybdenum, chromium, and other heavy metals related to accumulation of alloying constituent and impurities of non-ferrous metals in the emissions of steelmaking works [ 19 ].

The aim of our work was to determine the levels of specific activity of 137 Cs, concentrations of mobile forms of heavy metals (Zn, Cu, Ni, Co, Cr, and Pb) and oil products in the upper soil horizons in different urban landscapes of the city of Elektrostal under the conditions of local radioactive and chemical contamination.

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D. N. Lipatov, V. A. Varachenkov, D. V. Manakhov, M. M. Karpukhin & S. V. Mamikhin

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Lipatov, D.N., Varachenkov, V.A., Manakhov, D.V. et al. Spatial Variations of the Activity of 137 Cs and the Contents of Heavy Metals and Petroleum Products in the Polluted Soils of the City of Elektrostal. Eurasian Soil Sc. 55 , 840–848 (2022). https://doi.org/10.1134/S1064229322060072

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Received : 21 October 2021

Revised : 22 December 2021

Accepted : 30 December 2021

Published : 15 June 2022

Issue Date : June 2022

DOI : https://doi.org/10.1134/S1064229322060072

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