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Transfer Of Assets And Liabilities Agreement

As noted above, Section 179 TCO is recognized as a mandatory legal provision by established experts. Accordingly, the court`s decisions that have been found state that the declaration of reversal of decisions to execute asset disposals containing essential elements of a business without transfer of liabilities can still be claimed by anyone with a legal interest4.4 The improper transfer of third-party assets may nevertheless be necessary if the decision to transfer assets is invalid under the law. If the purpose of the action is not reflected in the transaction, it is a strong indication that the choice of this form of transaction is proven to be abusive. This may be the case, for example. B, where a capital transfer is chosen exclusively to circumvent a third party`s consent requirement or where there is no economic reason for transferring an agreement under the law (for example. B if only one agreement is transferred). However, there is a clear economic justification for securitizing agreements – a pool of agreements (and probably other assets, such as cars or other leased assets) must be transferred and the pool of assets to be refinanced is homogeneous. The initiator and the securitization vehicle maintain all the agreements originally concluded by the initiator with the third party and respect their respective obligations. The purpose of the transfer is not to discourage contractual obligations, but simply to refinance assets. The question of abuse therefore does not arise. Swiss law provides that either the rights arising from agreements or the agreements themselves can be securitized.

In the first case, the claims must be allocated by the initiator to the securitization vehicle, whereas in the latter case, the entire agreement must be transferred. From a Swiss law perspective, future rights can be transferred without problem, provided they are specified in such a way as to be easily definable and identifiable when they arise, which is generally satisfied by a reference to certain agreements or a set of agreements in which rights are established. Securitization of exhibitions and securitization of agreements as a whole are both financially possible. The main advantage of an asset acquisition is that a buyer can choose the assets and liabilities he wants to acquire. The risk of hidden debt is generally lower than that of buying shares. The agreement may also mention that all disputes arising from the agreement fall within the exclusive jurisdiction of a particular jurisdiction. Transfer of a business Some experts argue that the obligation of third-party consent can only be ignored if an industry is transferred in whole or in part (unlike one or more individual assets). They argue that there is no reason not to obtain third-party agreement, unless the transfer involves a “transaction” that involves a relatively large number of assets. This request is also debatable. However, as part of securitization of leasing or credit card receivables, both of which involve a large number of agreements and possibly other assets (e.g.

B motor vehicles), the requirement is met, since the terms “business” and “business unit” are widely interpreted in this context. A traditional asset agreement consisting of a transfer of agreements is generally subject to the agreement of all parties (i.e. the ceding, ceding and the third party). The relatively new law, in force since 1 July 2004, provides for a new legal mechanism for a more efficient transfer of assets. 1. The same is true for the transfer of agreements in the context of such a transfer of capital, since, in this case, it is no longer necessary to obtain the agreement of third parties.

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