Understanding an assignment and assumption agreement
Need to assign your rights and duties under a contract? Learn more about the basics of an assignment and assumption agreement.
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Updated on: November 24, 2023 · 3min read
The assignment and assumption agreement
The basics of assignment and assumption, filling in the assignment and assumption agreement.
While every business should try its best to meet its contractual obligations, changes in circumstance can happen that could necessitate transferring your rights and duties under a contract to another party who would be better able to meet those obligations.
If you find yourself in such a situation, and your contract provides for the possibility of assignment, an assignment and assumption agreement can be a good option for preserving your relationship with the party you initially contracted with, while at the same time enabling you to pass on your contractual rights and duties to a third party.
An assignment and assumption agreement is used after a contract is signed, in order to transfer one of the contracting party's rights and obligations to a third party who was not originally a party to the contract. The party making the assignment is called the assignor, while the third party accepting the assignment is known as the assignee.
In order for an assignment and assumption agreement to be valid, the following criteria need to be met:
- The initial contract must provide for the possibility of assignment by one of the initial contracting parties.
- The assignor must agree to assign their rights and duties under the contract to the assignee.
- The assignee must agree to accept, or "assume," those contractual rights and duties.
- The other party to the initial contract must consent to the transfer of rights and obligations to the assignee.
A standard assignment and assumption contract is often a good starting point if you need to enter into an assignment and assumption agreement. However, for more complex situations, such as an assignment and amendment agreement in which several of the initial contract terms will be modified, or where only some, but not all, rights and duties will be assigned, it's a good idea to retain the services of an attorney who can help you draft an agreement that will meet all your needs.
When you're ready to enter into an assignment and assumption agreement, it's a good idea to have a firm grasp of the basics of assignment:
- First, carefully read and understand the assignment and assumption provision in the initial contract. Contracts vary widely in their language on this topic, and each contract will have specific criteria that must be met in order for a valid assignment of rights to take place.
- All parties to the agreement should carefully review the document to make sure they each know what they're agreeing to, and to help ensure that all important terms and conditions have been addressed in the agreement.
- Until the agreement is signed by all the parties involved, the assignor will still be obligated for all responsibilities stated in the initial contract. If you are the assignor, you need to ensure that you continue with business as usual until the assignment and assumption agreement has been properly executed.
Unless you're dealing with a complex assignment situation, working with a template often is a good way to begin drafting an assignment and assumption agreement that will meet your needs. Generally speaking, your agreement should include the following information:
- Identification of the existing agreement, including details such as the date it was signed and the parties involved, and the parties' rights to assign under this initial agreement
- The effective date of the assignment and assumption agreement
- Identification of the party making the assignment (the assignor), and a statement of their desire to assign their rights under the initial contract
- Identification of the third party accepting the assignment (the assignee), and a statement of their acceptance of the assignment
- Identification of the other initial party to the contract, and a statement of their consent to the assignment and assumption agreement
- A section stating that the initial contract is continued; meaning, that, other than the change to the parties involved, all terms and conditions in the original contract stay the same
In addition to these sections that are specific to an assignment and assumption agreement, your contract should also include standard contract language, such as clauses about indemnification, future amendments, and governing law.
Sometimes circumstances change, and as a business owner you may find yourself needing to assign your rights and duties under a contract to another party. A properly drafted assignment and assumption agreement can help you make the transfer smoothly while, at the same time, preserving the cordiality of your initial business relationship under the original contract.
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Legal Templates
Home Business Assignment Agreement
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.
Related Documents
- Purchase Agreement : Outlines the terms and conditions of an item sale.
- Business Contract : An agreement in which each party agrees to an exchange, typically involving money, goods, or services.
- Lease/Rental Agreement : A lease agreement is a written document that officially recognizes a legally binding relationship between two parties -- a landlord and a tenant.
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Contract Assignment Agreement
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This Contract Assignment Agreement document is used to transfer rights and responsibilities under an original contract from one Party, known as the Assignor, to another, known as the Assignee. The Assignor who was a Party to the original contract can use this document to assign their rights under the original contract to the Assignee, as well as delegating their duties under the original contract to that Assignee. For example, a nanny who as contracted with a family to watch their children but is no longer able to due to a move could assign their rights and responsibilities under the original service contract to a new childcare provider.
How to use this document
Prior to using this document, the original contract is consulted to be sure that an assignment is not prohibited and that any necessary permissions from the other Party to the original contract, known as the Obligor, have been obtained. Once this has been done, the document can be used. The Agreement contains important information such as the identities of all parties to the Agreement, the expiration date (if any) of the original contract, whether the original contract requires the Obligor's consent before assigning rights and, if so, the form of consent that the Assignor obtained and when, and which state's laws will govern the interpretation of the Agreement.
If the Agreement involves the transfer of land from one Party to another , the document will include information about where the property is located, as well as space for the document to be recorded in the county's official records, and a notary page customized for the land's location so that the document can be notarized.
Once the document has been completed, it is signed, dated, and copies are given to all concerned parties , including the Assignor, the Assignee, and the Obligor. If the Agreement concerns the transfer of land, the Agreement is then notarized and taken to be recorded so that there is an official record that the property was transferred.
Applicable law
The assignment of contracts that involve the provision of services is governed by common law in the " Second Restatement of Contracts " (the "Restatement"). The Restatement is a non-binding authority in all of U.S common law in the area of contracts and commercial transactions. Though the Restatement is non-binding, it is frequently cited by courts in explaining their reasoning in interpreting contractual disputes.
The assignment of contracts for sale of goods is governed by the Uniform Commercial Code (the "UCC") in § 2-209 Modification, Rescission and Waiver .
How to modify the template
You fill out a form. The document is created before your eyes as you respond to the questions.
At the end, you receive it in Word and PDF formats. You can modify it and reuse it.
Other names for the document:
Assignment Agreement, Assignment of Contract Agreement, Contract Assignment, Assignment of Contract Contract, Contract Transfer Agreement
Country: United States
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Click here to access the Assignment Change Form
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- In order to ensure the accuracy of processing your Assignment Form, please clearly state the Name of the Insured, the Social Security Number and the Account Number of the Insured along with the Name and address of the Assignee. Any Assignment designated herein will be for all Certificate/Notice(s) of Insurance unless otherwise noted.
- If a Beneficiary has been designated to receive the benefits payable upon death of the Insured, the Insured should, before making the Assignment, execute and submit to the Plan Agent a beneficiary change form to the effect of replacing the designated Beneficiary by the estate of the Insured.
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- Upon death of the Assignee, his rights will pass to his estate, unless other arrangements have been made. In the absence of such arrangements, the Assignee should consider the advisability of having a will in existence at the time of his death containing specific directions to his executor on how to dispose of the estate's rights in the insurance covered by the Assignment.
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Trademark assignments: Transferring ownership or changing your name
Assignment Center
Trademark owners may need to transfer ownership or change the name on their application or registration. This could happen while your trademark application is pending or after your trademark has registered. Use Assignment Center to transfer ownership or to request a change in name. See our how-to guide for trademarks on using Assignment Center.
Here are examples of common reasons:
- I’ve sold my business and need to transfer ownership of the trademark. This is a transfer of ownership called an assignment.
- I got married just after I filed my application and my last name changed. This is a name change of the owner.
There are fees associated with recording assignments, name changes, and other ownership-type changes with the USPTO. See the Trademark Services Fee Code “8521” on the current fee schedule to find the specific fee amount.
See the correcting the owner name page to learn if you can correct an error in the owner's name that does not require an assignment.
Limitations based on filing basis
Intent-to-use section 1(b) applications.
If you’re transferring ownership to a business successor for the goods or services listed in your identification, you can file your assignment at any time. In all other cases, you must wait until after you file an Amendment to Allege Use or a Statement of Use before you file your assignment. For more information, see the Trademark Manual of Examining Procedure (TMEP) section 501.01(a) .
Madrid Protocol section 66(a) U.S. applications and registrations
All ownership changes involving international registrations must be filed with the International Bureau of the World Intellectual Property Organization (WIPO). Follow the guidance on the WIPO website about changing ownership or changing an owner’s or holder’s name. See the TMEP section 502.02(b) for more information.
How to update ownership information
Submit a request to transfer ownership or change the name.
Use Assignment Center to submit your request to transfer ownership or change the owner name for your U.S. application or registration. You will need to fill out a cover sheet with certain information and may also need to upload supporting documents, depending on the type of change. Also, be prepared to pay the Trademark Services Fee Code “8521” on the current fee schedule .
You'll receive a notice of recordation or non-recordation
In about seven days, look for your notice. If you don’t receive one, contact the Assignment Recordation Branch . The Notice of Non-Recordation will explain the reason your request to record was denied. Here are four common reasons:
- A critical piece of information was omitted from the cover sheet.
- The document is illegible or not scannable.
- The information on the cover sheet and the supporting document do not match.
- The assignment was not transferred with the good will of the business.
USPTO trademark database will be automatically updated after recordation
Once recorded, the trademark database should reflect the new owner information or name change. Check the Trademark Status and Document Retrieval (TSDR) system to see if the owner information has been updated. See below for information about what to do if the database isn’t updated.
What to do if the USPTO trademark database isn’t updated
In some cases, the USPTO will not automatically update the trademark database to show the change in ownership or name. This could happen when the execution date conflicts with a previously recorded document or multiple assignments have the same execution date on the same date. For more information, see TMEP section 504.01 .
If the trademark database wasn’t updated and your trademark has not published in the Trademark Official Gazette yet, and you need to respond to an outstanding USPTO letter or office action, use the appropriate Response form to request the update of the owner information. If you don’t have a response due, use the Voluntary Amendment form . To do this,
- Answer “yes” to the question at the beginning of the form that asks if you need to change the owner’s name or entity information.
- Enter the new name in the “Owner” field in the “Owner Information” section of the form.
Your request to update the owner information will be reviewed by a USPTO employee and entered, if appropriate. To request the owner information be updated manually when your trademark has already published or registered, use the appropriate form listed in the “Checking the USPTO trademark database for assignment/name change” section below.
If you made an error in your Assignment Center cover sheet
Immediately call the Assignment Recordation Branch to request possible suspension of the recordation. The recordation may be suspended for two days. You’ll be instructed to email the specialist you speak with requesting the cancellation and that a refund be issued. However, if the assignment has already been recorded, your request will be denied. You must then follow the procedures outlined in the TMEP section 503.06 to make any corrections to the assignment.
We strongly recommend filing these changes online using Assignment Center , which will record your changes in less than a week. It is possible to request these changes by paper using the Recordation Form Cover Sheet and mailing the cover sheet, any supporting documentation, and fee to:
Mail Stop Assignment Recordation Branch Director of the U.S. Patent and Trademark Office PO Box 1450 Alexandria, VA 22313-1450
If you file by paper, we will record your changes within 20 days of filing.
Checking the USPTO trademark database for assignment /name change
After you receive a Notice of Recordation, wait one week before checking to see if the owner information has been updated in your application or registration in the trademark database. Follow these instructions:
- Go to TSDR .
- Enter the application serial number or registration number.
- Select the “Status” button.
- Scroll down to the “Current Owner(s) Information” section.
- Check to see that your owner information was updated correctly.
If the owner information hasn’t yet been updated, go to the “Prosecution History” section in TSDR to see the status of the assignment or name change. It can take up to seven days to see an entry in the Prosecution History regarding the assignment. If an entry shows "Ownership records not automatically updated," you will need to submit a TEAS form making the owner or name change manually.
The form you need depends on where your application is in the process.
- If your trademark has not published in the Trademark Official Gazette yet, use the TEAS Response to Examining Attorney Office Action form or the TEAS Voluntary Amendment form . If you are responding to an outstanding USPTO Office action regarding your application or registration, use the TEAS response form.
- If your trademark has published but hasn't registered, use the TEAS Post-Publication Amendment form .
- If your trademark is registered , use the TEAS Section 7 Request form . A fee is required.
Updating your correspondence information
If your ownership information is automatically updated in TSDR , you must ensure your correspondence information, including any attorney information, is also updated. To update your correspondence or attorney information, use the TEAS Change of Address or Representation (CAR) form . This form cannot be used to change the owner name.
For further information, see TMEP Chapter 500 and look at the frequently asked questions .
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EMPLOYEE ASSIGNMENT CHANGE FORM Purpose: This form must be completed for any change in employee assignment for the reasons listed below. Section 1 - Employee Information - Completed by Employee's Supervisor Section 2 - Type of Change Requested - Completed by Employee's Supervisor in Consultation with Human Resources
Microsoft Word - Personnel Assignment Change FORM Author: kshults Created Date: 6/15/2021 10:54:48 AM ...
The Receiving Manager will complete the rest of the assignment change form for all changes made to the employee's contract/cost centre starting at Section 3b onwards completing all sections that apply. 7. Contracted Hours Change - Tick this if the employee are increasing or decreasing their basic contracted hours.
Assignment Agreements: By Type (12) How to Assign (4 steps) Step 1 - Make a Deal. Step 2 - Verify Ownership. Step 3 - Write the Agreement. Step 4 - Take Control. Sample: Assignment Agreement.
The assignment and assumption agreement. An assignment and assumption agreement is used after a contract is signed, in order to transfer one of the contracting party's rights and obligations to a third party who was not originally a party to the contract. The party making the assignment is called the assignor, while the third party accepting ...
Staff Work Assignment Change Form. Effective Date of Change: Employee Name: Empl ID:99981231160000-0800. Department / Account Code: From:
Lease Assignment Agreement: a document used to transfer a tenant's interest in a property to a new individual who will assume the obligations and rights of the original lease. Termination Agreement: an agreement used to cancel/discontinue an existing contract. Trademark Assignment: a form that transfers ownership of a trademark from the owner ...
Who should complete the form: • Administrators or representatives of employers providing the compensation reported on the form. Instructions • Reason for Change: Indicate the reason you are completing the form. • Employee Information: Complete using the current information for the clergyperson or lay employee and indicate whether an update is
Assignment Agreement Template. Use our assignment agreement to transfer contractual obligations. 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 ...
By submitting this form, the Department Head, Designee, or Budget Administrator is acknowledging, as appropriate, the proposed changes have been discussed and approved by management. Staff Work Assignment Change Form - Single Employee Form Instructions: Complete the applicable fields and submit the form to the Human Resources Office for
section 6: notice of employee assignment change *Notice of a District transfer or reassignment shall be received by the affected employee and exclusive representative, if any, at least forty-eight (48) hours prior to the effective date of a permanent transfer or reassignment.
Contract Assignment Agreement. Last revision 12/31/2023. Formats Word and PDF. Size 2 to 3 pages. 4.8 - 105 votes. Fill out the template. This Contract Assignment Agreement document is used to transfer rights and responsibilities under an original contract from one Party, known as the Assignor, to another, known as the Assignee. The Assignor ...
Use the Assignment Change Form for the following: *When an employee is transferring between departments it is the responsibility of the receiving manager (in the new department) to complete the form as soon as the date of transfer is known. Once submitted, your finance manager will approve or reject it. On approval it goes directly to Payroll ...
These requests were previously submitted on paper, using the 901 form, and processed manually. The Assignment Change Request (ACR) system enables these changes to be initiated, routed and approved electronically instead of on paper. The ACR system is also used to withdraw, reinstate or delete a grant application.
Submitting a Grade Assignment or Grade Change Form Posted grades cannot be updated in SIS, a Grade Assignment/Change form must be submitted after noon the following day. Grade changes are not immediate and may take 5-10 business days. You will not receive a separate notification that grades have been posted. Their appearance in the Official ...
In order to ensure the accuracy of processing your Assignment Form, please clearly state the Name of the Insured, the Social Security Number and the Account Number of the Insured along with the Name and address of the Assignee. ... execute and submit to the Plan Agent a beneficiary change form to the effect of replacing the designated ...
Hall Change Room Change Apartment Change. Term *. Fall Spring Summer I Summer II. Student Name. Student Name * First Last. T-Number *. Must be 9 characters. Currently Entered: 0 characters. must start with a "T".
800-783-4479. 513-870-2099. Premium Accounting. Premium payments, billing notice questions, bank draft account changes/updates. 877-564-0214. 513-870-2095. *Unless otherwise indicated, forms are applicable in all states except New York. Find the life insurance and annuity service forms you need to request changes.
file at one of these campuses for the 2019-2020 academic year and who have received a preliminary housing assignment. Use this form to request a change to your preliminary housing assignment and be placed on a waiting list for a different room type. Preliminary Assignment Change Requests will only be accepted until . June 1. st, 2019
Assignment Center makes it easier to transfer ownership or change the name on your patent or trademark registration. See our how-to guides on using Assignment Center for patents and trademarks. If you have questions, email [email protected] or call customer service at 800-972-6382.
Answer "yes" to the question at the beginning of the form that asks if you need to change the owner's name or entity information. Enter the new name in the "Owner" field in the "Owner Information" section of the form. Your request to update the owner information will be reviewed by a USPTO employee and entered, if appropriate.
The process for application cancellations and contract release requests is different according to the application period (see accordions below). The housing application fee is non-refundable. New Residents. Returning Residents. Canceling during the contract period. Requests to cancel or change housing assignments must be made in advance.
Section 3: Owner change (absolute assignment) Please note an owner change (including addition or removal of a joint owner): • is an absolute assignment of the contract and can cause you to owe tax on the contract gain. Consult with your own tax professional before making an owner change.
Date: March 6, 2024 Contact: NWCG The NWCG Executive Board is privileged to share with you the 2024 NWCG Executive Board Annual Letter.As we look into the future and navigate an incredibly complex and dynamic environment, we must remain focused on our mission while actively engaging in national conversations regarding numerous wildland fire initiatives.