Agreement of assignment (assignment of the right of claim). Sample

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February 21, 2020 No comments

Some Russian citizens invest in real estate construction in order to save their money.

After a certain period of time, the property is resold, as a result of which the owner receives a certain profit.

According to current legislation, the sale of both the apartment itself and the right to claim the apartment is allowed.

In what cases is it required

Currently, in the construction market there are often transactions for the assignment of rights of claim to housing, on the basis of which the right is transferred from the owner to a third party.

An assignment may benefit persons who wish to enter into an assignment agreement in relation to real estate.

The seller is paid funds for the sale of the home, and the buyer becomes its owner at an inexpensive price.

Nuances of the agreement

The term “assignment of rights” means a type of legal transaction that is concluded with a property. The right of claim is assigned along with the obligations to another person.

A mandatory requirement for completing a transaction is obtaining the consent of the owner of the living space.

Participants in the transaction for the assignment of the right of claim:

Owner	Owner of the property in accordance with the original agreement
Assignor	He has the right to demand the provision of certain property, he seeks to enforce the right of claim to the property acquired by him
Assignee	recipient of the right to claim the apartment. Party not initially involved in the execution of the main agreement

The owner of the right and the acquirer enter into an assignment agreement between themselves, certifying the fact of assignment of the right.

The transaction is the basis for the transfer of ownership of the living space (or other object) with its further state registration in the Rosreestr service.

Often, the rights to an apartment are assigned to persons who invested money in the construction of a house or participated in shared construction.

Legislative regulation

Regulation of the main issues relating to the assignment transaction is carried out in the instructions of Chapter. 24 Civil Code of the Russian Federation.

In addition, certain rules for concluding an assignment agreement are made in the provisions of the Federal Law of December 30, 2004 N 214-FZ “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation.”

The law has been amended and adjusted many times to improve the procedure for transactions with real estate.

In addition to these regulations, several laws have been adopted that interpret the legal features associated with the execution of a contract.

They contain provisions allowing for the protection of the rights and interests of all parties to the assignment.

The assignment agreement is drawn up only with the consent of the owner of the right to the real estate object.

A mandatory condition for completing a transaction is sending a notification to the obligated party about the assignment of rights. This is provided for by the current civil legislation.

Agreement of assignment (assignment of the right of claim) with an act and a letter (notification)

You owe money and you urgently need this money for your own needs, but don’t know how to sell the debt? Or do you know, but don’t understand, how to create a debt purchase and sale agreement (purchase and sale of debt simultaneously in one agreement)? Today there are many announcements about debt/debt repurchase. You may consider them scammers, but not all of them are. Such a transaction is quite possible and completely legal.

. Especially for those who find themselves in such a situation, our lawyers located in Cheboksary have prepared such a document so that you can download for free without registration a simple and correct standard sample (example) of a form (form) of an assignment agreement (assignment of the right of claim) of a debt (loan / debt / monetary funds) between legal entities, including an act and a notification letter corresponding to the legislative acts of 2020.

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Based on Art. 382 of the Civil Code of the Russian Federation, we can conclude what an assignment agreement is (assignment of the right of claim). An assignment agreement is an agreement by virtue of which one party is the assignor.

(the original creditor of the obligation) transfers
to the assignee
(new creditor) the right to demand performance of the obligation by the debtor. Important! In this case, the new creditor acquires the right of claim from the assignor on terms that do not worsen the position of the debtor.

Notification of the developer about the assignment of rights of claim

In case of transfer of the right of claim to a third party, the shareholder must notify the owner of the right.

Usually he is given notice of the assignment in writing. The form of such notice must comply with the rules contained in the legislation.

The notice must be sent to the developer regardless of the current state of the assignment, i.e. readiness of an apartment building under construction.

Under a share participation agreement

If a person wishes to assign the right of claim to another person, he must give notice in writing to the developer. The requirement for the consent of the copyright holder is mandatory for concluding an assignment transaction.

An agreement can be concluded if the shareholder:

Settled the bill with the construction company in full	according to the conditions contained in the agreement for participation in shared construction
Found the buyer	to whom he assigns rights and obligations under the contract
Has the authority to enter into an assignment agreement	what is stated in the original contract

In the case where the seller is a citizen shareholder under a share participation agreement, he can receive a profit from the transaction.

An apartment in a new building can be sold at a higher cost than the original price paid to the developer under the DDU.

Often, the cost of housing increases significantly as construction work progresses, so it will cover the financial investments made under the agreement for participation in the shared construction of a residential building.

In accordance with the property management agreement, its conclusion between the developer and the shareholder entails the emergence of corresponding rights and obligations.

The main responsibility of the shareholder is to make payments under the agreement within a certain time frame.

The equity participation agreement must contain the following conditions:

Payment deadline under the agreement	procedure for paying monthly payments
Date of commissioning of a residential building	deadlines for transferring the apartment to the shareholder
Rights and obligations, liability of the parties for violation of the terms of the agreement	other conditions

If the developer does not consent to the assignment under the share participation agreement, then the transaction is considered invalid, and the right of claim will not be transferred to the buyer.

Read about the assignment of the right to lease a land plot between individuals here.

For an apartment

The law does not prohibit the sale of an apartment located in a residential building under construction through a transaction of assignment of the right of claim.

It represents the acquisition of living space in an apartment building from the developer by a shareholder and the transfer of rights to it to another person.

This kind of agreement has become very common in the primary construction market, because easy to design.

Typically, an assignment agreement is concluded at the final stages of construction or after the facility is put into operation. It must be remembered that an assignment is possible until the apartment is transferred to the shareholder under the acceptance certificate.

The citizen assigning the right of ownership must send a notice to the developer in writing.

The notice includes information such as :

information about the owner of the property;
information about the buyer who bought the apartment;
procedure for covering debts to a construction company.

As a rule, the assignment agreement is concluded only after full payment for the residential premises has been made.

The deposit of funds is confirmed by payment receipts or a document from the developer.

If you purchase an apartment using credit funds received under a mortgage, you must obtain consent from the bank to enter into an assignment agreement.

Assignment of rights under an assignment agreement

Initially, the agreement from which the obligations between the parties arose is studied. If this document does not contain a clause in which the assignment agreement is prohibited or the debtor’s consent must be obtained, there are no obstacles to the assignment. However, in any case, the most important condition for concluding such an agreement is that the debtor must be officially notified in writing.

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If the tenant received a property for a certain long period, but before its expiration the need for it disappeared, there are two solutions:

Sample notification

The procedure for concluding an assignment transaction and its features are established in Federal Law No. 214 “On shared participation in the construction of apartment buildings”, as well as in the norms of the Civil Code of the Russian Federation.

The shareholder needs to send a notice to the developer in simple written form, and a copy of the assignment agreement is attached to him.

At the construction company’s office, ask the developer’s employee to make a note of receipt on your copy of the notice.

Contents of the notice

I notify you about the assignment of the right of claim under the agreement on shared participation in construction No. __________, concluded by ___________.

The shareholder, full name, assigned to me his rights of claim under the above participation agreement.

The assignment of rights agreement has passed the state procedure. registration date of registration, registration number _________________.

Contact information: full name, contact phone number, place of residence, e-mail address.

Attachment: assignment agreement dated ___________ (copy).

Date, signature

Sample Notice of Assignment of the Right of Claim

Procedure for registration of assignment

There is an established procedure in legislation in accordance with which an agreement is concluded.

The right of claim is transferred to the assignee in the same amount as the former shareholder had according to the terms of the assignment transaction. The text of the agreement must describe in detail the transferred right and indicate the accompanying papers.

The procedure is as follows:

The original owner of the right searches for a buyer willing to purchase it	after which the parties to the assignment agreement must obtain consent from the developer
Conclusion of an assignment agreement by interested parties	the agreement must be registered with FKP Rosreestr

The assignment agreement has certain advantages, but is also associated with existing risks.

The seller runs the risk of not receiving payment for the transaction, so it is recommended to use a safe deposit box for settlements.

The buyer, in turn, bears the risks that construction will be frozen, as well as that the developer will be unscrupulous. Often, apartment buildings are put into operation in violation of established deadlines.

Required documents

To complete a transfer transaction with further registration of the agreement in the Rosreestr service, the following documents are required:

Passports of citizens of the Russian Federation - parties	agreement for participation in shared construction, registered with the Rosreestr service
Payment receipts for the property	as well as a building permit
Charter of a legal entity, constituent documents of the developer company, including a license to conduct construction work	a document from the developer about the amount of funds contributed by the equity holder, which indicates the full cost of the subject of assignment
Certificate of completed construction work, construction completion date	extract from the Unified State Register of Real Estate, which confirms the registration of property
Management agreement, if the property is being built as shared construction	written consent of the developer to complete the transaction
An agreement signed by the developer and another person acquiring the right	initial contract for the purchase of the claim
Transaction on transfer of rights	signed by the assignor and the assignee, who is liable to the construction company

If the citizen assigning the right is in a registered marriage, then it is necessary to obtain the consent of the other spouse to complete the assignment agreement. Such consent is drawn up by a notary.

For the provision of services for registering an assignment transaction, you must pay a state fee.

Its size is established in accordance with Art. 333.33 of the Tax Code of the Russian Federation.

For registration of an assignment agreement with the Rosreestr service, a state fee is charged in the amount of:

For citizens	2 thousand rubles.
For legal entities	22 thousand rubles.

For the procedure for concluding the assignment of the right to lease non-residential premises, see the article: assignment of rights to lease non-residential premises.

Video: Assignment of claim (cession). Notification of the debtor, transfer of the contract:

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The procedure for drawing up an agreement for the assignment of the right to lease a land plot

For citizens - a passport, for legal entities - an extract from the Unified State Register or Unified State Register of Legal Entities;
Confirmation of registration with the tax office;
A stamped certificate indicating the code of all-Russian classifiers (for legal entities only);
Original and copies of the lease agreement;
Cadastral map of the allotment;
A certified copy of the certificate of registration of land rights;
Plan of the ceded area, made on a scale of 1:500.

Statement;
Passport;
When a representative acts instead of an individual, a power of attorney on the basis of which he acts must be presented;
Title documents for land;
Papers confirming that the issue has been agreed upon with the Land Resources Committee (needed when transferring agricultural land on which the harvest will be harvested);
Two signed versions of the assignment agreement;
Consent of the spouses of the parties to the disposal of the site;
Confirmation of the fact of notification of the owner of the allotment or his consent (executed in the form of an application reviewed by us earlier);
Consent of the pledgee (in the case where the plot becomes pledged).

04 Nov 2020 hiurist 214
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