As society moves forward step by step, more and more people will go to use the letter of agreement, the signing of which is the best specification of the rights and obligations between the two parties or several parties. General agreement is how to draft? The following is my collection and organization of the debt assignment agreement model, welcome to learn and reference, I hope to help you.
Sample Agreement on Assignment of Claims 1Party A (the assignor of the claim): _______________
Party B (the assignee of the claim): _______________
Party A and Party B, after friendly consultation, have reached the following agreement, to be honored:
I. Up to the date of signing of this Agreement, the Debtor _______________ owes Party A the outstanding amount*** amounting to ______ million RMB has not been repaid (as evidenced by the debit note, which is kept in Party A's custody).
II. Party B is the guarantor of the loan. Now because the debt is due, the debtor did not pay the outstanding amount, Party A to Party B to pursue the debt transfer agreement debt, A and B negotiation decided that Party B to Party A to repay _____ million yuan.
iii. Party A and Party B agree that Party A will assign the part of the claim *** counting ______ million yuan
RMB (______ million yuan RMB) against the debtor _______________ to Party B for exercise, and Party B agrees to accept the assignment, and the debtor _______________ pays ______ million yuan RMB directly to Party B in accordance with this Agreement, and Party B has the right to recover the outstanding debt ______ million RMB from the debtor __________.
New Creditor: _________________________
Original Creditor: _________________________
Sample Debt Transfer Agreement 2Transferor: ___________ (hereinafter referred to as Party A)
Residence: _______________________________
Legal Representative: _________________________
Phone: _______________________________
Fax: _______________________________
Transferee: ___________ (hereinafter referred to as Party B)
Residence: _______________________________
Legal representative: _________________________
Tel: _______________________________
Fax: _______________________________
Debt Transfer Agreement Party A and Party B in accordance with the honesty and credit Principle, according to the Chinese People's *** and the State "Contract Law", "General Principles of Civil Law" and other relevant laws and regulations, through the consensus of the two parties, on the transfer of Party A to Party B of the claims it owns _______ to reach an agreement as follows:
Article I. Transfer of the matter
Party A will be the claims of _______: the amount of the claim in uppercase ______________ in lowercase _______ (of which: principal: _______ yuan; interest: _______ yuan) at the price negotiated between the two sides capitalized _______ lowercase _______ transferred to party B.
(Party B agrees to be assigned the claims owned by Party A in the _______ business capitalized _______ lowercase _______ and acquired at the negotiated price capitalized _______ lowercase _______).
Article 2 Rights and Obligations of Both Parties
Party A guarantees that the claims assigned to Party B in Article 1 of this contract are legally owned by Party A, and that Party A has the full and effective right to dispose of them. Party A guarantees that the claims assigned by Party A shall be free from any third party's recourse. Otherwise, Party A shall bear all the economic and legal responsibilities arising therefrom.
Party B guarantees to pay Party A _____% of the stipulated price within _____ days from the effective date of this contract in accordance with the price stipulated in Article 1 of this contract. Party B shall pay the remaining _____% of the transfer price to Party A by _____ _____ day.
Party A warrants that it has notified the Debtor of the assignment of the Claim.
Article 3 Liability for Default
If either party to this contract fails to properly and fully fulfill its obligations as stipulated herein, it shall be liable for default. Any liability and damages incurred by the non-defaulting party as a result shall be compensated by the defaulting party to the non-defaulting party.
If Party B fails to pay the price of the Claims on time according to the provisions of this Contract, one day late, it should pay the delayed part of the total price _____% as liquidated damages to be paid by Party B to Party A.
Article 4 Cancellation of Contract
1. After verifying that the status of the claim is inconsistent with the information provided by Party A or that the claim is entitled to disputes, Party B has the right to terminate the contract;
2. Party A and Party B may, by mutual agreement, change or terminate this contract.
3. Party A falsifies evidence of facts, conceals important circumstances, provides evidence of illegal rights and interests, Party B has the right to terminate the contract.
Article 5 - Burden of Costs
Both parties agree to **** the same burden of costs incurred in the implementation of this transfer contract, Party A bears _______ and Party B bears _______.
Article 6 Contractual Disputes
Party A and Party B shall negotiate to resolve any disputes arising out of this contract, and either party shall have the right to apply for arbitration or file a lawsuit with _______ if the negotiation fails.
Article VII Contract Entry into Force
1. This contract shall be executed in four copies, Party A shall execute _______ copies, Party B shall execute _______ copies, with the same legal effect.
2. This contract shall enter into force on the date of signing.
Party A (seal): __________ Party B (seal): _________
Party A's representative: ______________ Party B's representative: _____________
Signing time: ___year___months___day
Sample of the agreement on transfer of credits 3Party A (claims) Transferor):
Party B (assignee of the claim):
WHEREAS: 1. Party A borrows money from Party B, and the two parties have entered into a numbered Individual Loan Contract (hereinafter referred to as the Loan Contract).
2, in order to ensure the due and timely return of the principal and interest on Party B's loan, Party A solemnly undertakes to transfer its claims in the company's enjoyment of up to within the perimeter to Party B. Now, according to the "General Principles of Civil Law of the People's Republic of China", "Chinese People's Republic of China", "Contract Law" and other relevant laws, rules and regulations, Party A and Party B follow the principle of voluntariness, fairness, honesty and good faith, by the consensus of Party A and Party B, to reach the following agreement: Individual Claims Assignment Agreement Model Article I: Claims Assignment Amount
Assignment of Claims Amount: Party A will be entitled to the company in the amount of up to the period of the amount within the scope of the company.
Article 2: Assignment of Claims
A, both parties agree to confirm: as of the date of signing of this Agreement, Party A to Party B borrowed *** counted RMB yuan (U.S. dollars).
Second, A and B parties agree that Party A agrees to assign the claims agreed in Article 1 of this Agreement to Party B. Party B may exercise its rights directly to the Company. Party B can exercise the right directly to the company, after the realization of the claim, if more than the principal amount of the loan and the interest portion will be returned to Party A, the shortfall of Party A is still obliged to pay to Party B.
Article 3 Representations, Warranties and Undertakings:
Party A undertakes and guarantees that:
(1) it is established and validly existing according to the law, and has the right to carry out the assignment of claims under the Agreement and be able to independently bear civil liabilities;
(2) the claims transferred by Party A are lawful, valid and transferable claims;
(3) the claims transferred by Party B are notified to in a timely manner. __________________ company a notice of the assignment of the claim;
(4) the subject of the assignment has never been transferred to any third party before the effective date of this Agreement and is free from any defects in rights.
Article 4 Liability for Breach of Contract
It is agreed by the parties that if one party breaches its representations, warranties, undertakings or any other obligations made in this Agreement, resulting in the other party suffering or incurring damages, losses, claims, penalties, litigation and arbitration, attorneys' and deposition fees, obligations and/or liabilities, the breaching party shall indemnify the other party for all economic losses.
Article 5: Supplementary Modifications to the Agreement
Any modifications and supplements to this Agreement must be in writing and signed by the legally authorized representatives of each party or stamped with the official seal of the unit. If this Agreement is invalid or revoked, Party A still continues to fulfill its obligations to Party B according to the loan contract and other legal documents.
Article VI Dispute Resolution
Disputes occurring in the performance of this agreement, the two sides should be resolved through friendly consultation; consultation fails, to the People's Court in the location of Party B to file a lawsuit.
Article VII Effective Conditions
This Agreement shall enter into force upon signature or official seal of both parties.
This agreement in duplicate, Party A and Party B each sign a copy, with the same effect.
Party A Party B
Authorized Representative:
Date:
Attachment: 1, Claims Confirmation Sheet and Notice of Assignment
2, Loan Contract Authorized Representative:
Date:
Sample of Agreement on Assignment of Claims4Assignor (hereinafter referred to as Party A): XXXXXXXX.
Assignee ( The assignee (hereinafter referred to as Party B): Henan XXXXXXXXXX Co. Both parties follow the principle of voluntary, fair, honest and credit, after friendly consultation, A to B transfer its claims on Zhengzhou City XXXXXXXXXXXX Co., Ltd. owned by the relevant matters to reach an agreement on the signing of the agreement on the transfer of claims.
First, the subject of the transfer
Zhengzhou City XXXXXXXXXXXX Co., Ltd. still owes Party A the milling machine rental fee *** counted as RMB 502,500 yuan (capitalized as: five hundred thousand zero two hundred and fifty-five yuan), now Party A will transfer all its claims to Party B, Party B agreed to accept the transfer of the claim.
2. Party A undertakes and guarantees
1. It is established and validly survives according to law and has the right to implement the transfer of the claims under this Agreement;
2. The claims transferred by Party A are lawful and valid claims;
3. After the entry into force of this Agreement, Party A will notify Zhengzhou XXXXXXXXXX Co. XXXXXXXXXXXX Co., Ltd;
4, before the effective date of this Agreement, the subject matter of the transfer has never been transferred to any third party;
5, before the effective date of this Agreement, the transfer of the subject matter of the transfer of the original of the various documents and information related to the original.
Third, Party B's commitment and guarantee
1, after the entry into force of this Agreement, the transfer of the claim under this Agreement can not be realized, Party A does not assume the responsibility of Party B's liquidation;
2, after the entry into force of this Agreement, and actively cooperate with Party A for the formalities related to the transfer of the claim, and bear the administrative costs of all formalities.
Fourth, the conditions of entry into force
1, this agreement shall enter into force on the date of signature or seal of both parties;
2, this agreement is in duplicate, with the same legal effect, both parties to sign a copy.
Assignor: Assignee: Henan XXXXXXXXXXXXXX Co.
Year Month Day Year Month Day
Sample Agreement on Assignment of Claims 5Party A (Assignor):
Party B (Assignee):, ID No.
Because Party A owes Party B the loan principal and interest amounting to RMB 10,000,000 (as of 20xx Month Day) Can not be repaid, now party A voluntarily will be entitled to part of the claim to party B, after equal consultation between the two sides, reached the following agreement:
First, the amount of the subject claim
1, party A of the limited liability company enjoys all the principal of the claim of RMB 10,000,000 yuan, as of June 15, 20xx interest of RMB 10,000,000 yuan.
2. The principal amount of all the claims of Party A against the limited liability company is RMB 10,000,000, and the interest as of June 15, 20xx is RMB 10,000,000.
2. Consideration for the transfer of claims
Party B agrees to accept the transfer of the above claims of Party A in the amount of RMB 10,000,000 for the principal amount of the loan and the interest still owed by Party A.
Party B is entitled to the transfer of the above claims of Party A to the Company.
Third, the transfer of claims
1, after the entry into force of this Agreement, Party A will be entitled to the first article of this Agreement, all the claims, interest, and for the claims of the mortgage and security interests set up by the transfer of all to Party B; Party B to replace the Party A so as to become a new creditor of the debtors listed in the first article of this Agreement.
2. Notification of the assignment of claims: Within three days from the date of entry into force of this Agreement, Party B shall assist Party A to notify the debtors of the assignment of claims as agreed in this Agreement.
Fourth, the original creditor documents and custody and transfer
After the entry into force of this Agreement, Party A shall transfer the original creditor documents held by Party A to Party B within seven days and assist Party B in the formalities relating to the change of right holders, and the related costs shall be borne by the Party. (See Annex 1 for the original documents of claims transferred by Party A)
V. Rights and obligations of Party A
1, the transfer of claims to offset all the principal of Party B's loan and interest in accordance with the law;
2, to ensure that the transfer of claims of the real, legal and effective, and the right to decide to dispose of the claim, and voluntarily bear the legal responsibility;
2, to ensure that the transferred claims are real, legal, effective, and have the right to decide to dispose of the claims, and voluntarily bear the relevant
3, according to this Agreement, the written statement and notification that the claims under this Agreement have been transferred to Party B in accordance with the law;
4, for Party B to assign, collect and realize the necessary assistance for the assignment of the claims.
Sixth, the rights and obligations of Party B
1, after the assignment of the claim agreed to offset the principal amount of the loan owed by Party A and the interest;
2, in accordance with the law after accepting the above claims of Party A, the exercise of the debtor's claim and its related claims security rights;
3, in the process of realizing the claim can be requested and obtain the necessary assistance from Party A.
VII. Other Agreements: If the amount of debt transfer is reduced or offset due to Party A, Party A shall continue to be responsible for repaying Party B for the difference.
VIII, the entry into force of the contract
This agreement is in duplicate, each party and the other party, effective from the date of signature or seal.
Party A: Party B:
Representative: Representative:
Year Monthly
Sample Agreement on Transfer of Claims 6Party A (the transferor):
Party B (the transferee):
A and B for the proper resolution of debt problems, through friendly consultation, according to the law to reach an agreement on the transfer of claims for the purpose of credibility:
A. Strong> a, a, both parties agree to confirm: as of the date of signing this agreement, party A owes party B borrowing *** counted RMB yuan (lower case).
2. Both parties agree that Party A will assign all of Party C's claims*** to Party B, and that Party B will assert its claims directly against Party C in accordance with this Agreement.
Three representations, warranties and undertakings:
1. Party A undertakes and warrants that:
(1) it has been established in accordance with the law and is validly subsisting, and has the right to carry out the assignment of the claims under the Agreement and is capable of independently assuming the civil liabilities;
(2) the claims it assigns are lawful and valid claims.
2. Party B undertakes and guarantees that:
(1) it has been established in accordance with the law and is in effective existence, and has the right to assign the claims under this Agreement and can independently bear civil liabilities;
(2) its assignment of the claims under this Agreement has been authorized or approved by the relevant internal authority.
(4) After the effective date of this Agreement, Party B shall not claim claims from Party A.
V. If this Agreement is invalid or revoked, Party A shall continue to fulfill its obligations according to the original contract and other legal documents.
VI. The parties agree that if one party breaches its representations, warranties, undertakings or any other obligations made in this Agreement, resulting in the other party suffering or incurring damages, losses, claims and other liabilities, the breaching party shall fully indemnify the other party.
VII, this agreement by A, B and the two sides stamped and signed by the legal representative of both parties or authorized by the legal representative of the agent to take effect.
VIII, this agreement is not exhaustive, in accordance with relevant state laws, rules and regulations.
Nine, this agreement in triplicate, A and B each party, with the same legal effect
Party A (official seal):
Legal representative (signature):
(or authorized agent):
Party B (official seal):
Legal representative (signature):
(or authorized agent)
Signing time: Month of the year
Signing place:
Sample Debt Assignment Agreement 7Party A:
Party B:
Party C:
Agreement signing time: _____ year _______day
Place of agreement: ____________________
As of _____ _______, the debts owed by Party A to Party B totaled RMB _________ million; the debts owed by Party C to Party A totaled RMB ____________ million. Now the three parties, A, B and C, have reached the following agreement by mutual consent in respect of the settlement of debts between the parties:
I. Party A agrees to assign RMB __________,000,000 of its claim on Party C to Party B at the price of RMB __________,000,000, and Party B is willing to accept the assignment of this claim.
2. The price for the assignment of the claim in Article 1 above shall be offset by Party B's claim against Party A of RMB __________ million.
3. After the transfer of the above claims, Party B will replace Party A to enjoy the claim of RMB __________ million against Party C and enjoy the relevant rights of creditors stipulated in the law, and Party C will directly repay the debt to Party B and bear the relevant obligations of debtors stipulated in the law.
Fourth, Party C agrees to sign on this Agreement to confirm that it is aware of the above assignment of the above claims by Party A and Party B.
V. After the aforesaid assignment of the claims and offsetting of the claims, the claims and debts between Party A and Party C will be offset against RMB __________,000,000, and the claims and debts between Party B and Party A will be offset against RMB ____ ____ million, and after offsetting, Party B enjoys the claims of RMB ___ ____,000,000 against Party C.
VI. The outstanding matters of this Agreement shall be in accordance with the provisions of the Contract Law of the People's Republic of China*** and the State.
VII, this agreement since A, B, C three parties signed after the entry into force.
VIII, this agreement in triplicate, A, B. C. One for each of the three parties. C tripartite each one.
Party A: _______________
Party B: _______________
Party C: _______________
Month of the year
Sample Debt Assignment Agreement 8Party A (ceding party): ____________________
Party B (transferee): ____________________
Party A and Party B on Party A's enjoyment of the creditor's claim on the __________ company's principal and interest of the total ****RMB __________ yuan (as of _____ ___ month ___) transferred to Party B according to law, after the two sides of the equal consultation, to achieve the following Agreement:
First, the amount of the subject claims
Party A on the __________ company enjoys all the principal of the claim for RMB ____________________ (￥ __________), as of _____ ___ month ___ interest for RMB ____________________ yuan (￥ __________ yuan).
II. Consideration for the Transfer of Claims
Party B agrees to accept the transfer of Party A's above claims for RMB ________________ (￥ ________).
Third, the period and manner of payment of the price
1, within two days from the date of signing of this Agreement, Party B will deposit the entire amount of the purchase of the claim in the account supervised by Party A and Party B with the four parties, namely, Bank of China ______, Foshan Branch, Foshan City, ______ Limited, in the same way as the four party * * *. ** ** within the management account to pay to Party A.
2. On the day Party B deposits the money into the account, Party A hands over the creditor's documents to Party B. Party B goes to the relevant departments to understand the creditor's guarantee and other relevant circumstances within ten days, and pays Party A after ten days.
Fourth, the transfer of claims
1, in accordance with the contractual agreement of Party B to pay all the transfer of money, Party A will be entitled to the ______ company's claims and for the claims of the set of mortgage and security interests transferred to Party B, Party B instead of the Party so that the XX company became the new creditor.
2. Notification of the assignment of claims: Party A will notify the debtor of the assignment of claims as agreed in the Agreement within three days from the date of payment of the entire amount of the assignment of claims by Party B. Party B will notify the debtor of the assignment of claims as agreed in the Agreement.
V. Original Claim Documents and Custody and Handover
Before Party B pays all the assigned amount to the *** pipe account according to the agreement, the original of the claim documents are still held by Party A; after Party B pays all the assigned amount to the *** pipe account according to the agreement, Party A will hand over the original of the claim documents held by Party A to Party B within seven days. After Party B pays the full amount of the transfer to the *** management account, Party A will transfer the original documents to Party B within seven days, and assist Party B to handle the formalities related to the change of right holders, and the related expenses will be borne by Party B.
Sixth, Party A's rights and obligations
1, according to the law to collect Party B to pay the transfer of claims;
2, to ensure that the transfer of claims of the real, legal and effective, and have the right to decide to dispose of the claim, and voluntarily bear the relevant legal responsibility;
3, according to the agreement to issue this contract According to this Agreement, the claims under this contract have been legally assigned to Party B's written statement and notice;
4, for Party B's legal assignment, recovery and realization of the assigned claims to provide the necessary assistance.
VII. The rights and obligations of Party B
1, according to the contractual agreement on the time and manner of payment to Party A for the transfer of claims;
2, in accordance with the law after accepting the above claims of Party A, according to law, the exercise of the debtor's claim and its related rights to claim security;
3, in the process of realizing the claim can be requested and obtain the necessary assistance from the Party. and obtain the necessary assistance from Party A.
VIII, the entry into force of the agreement
This agreement is in duplicate, A and B each party to sign a copy, from the date of signature or seal of A and B, effective.
Party A:____________
Representative: ____________
Party B:____________
Representative: ____________
Date of Signature: ____ day of ____ in the year ________