notice of assignment deutsch

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Form of notice of assignment

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Knowledgeable, diligent, reliable

Native in: German 

Abtretungsbenachrichtigung

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German industrial engineer / MBE

Works in: English to German, Spanish to German

Abtretungserklärung

Responsive with well-rounded knowledge

Works in: English to German, German to English, Spanish to German, and 5 more.

Abtretungsanzeige

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What is a notice of assignment?

An assignment takes place when one party is holding a right to property, claims, bills, lease, etc., of another party and wishes to pass it along (or sell it) to a third party. As complicated as that sounds, it really isn’t. Strangely enough, many assignments can be made under the law without immediately informing, or obtaining the permission, of the personal obligated to perform under the contract. An example of this is when your mortgage is sold to another mortgage company. The original mortgage company may not inform you for several weeks, and they certainly aren’t going to ask your permission to make the sale.

If a person obligated to perform has received notice of the assignment and still insists on paying the initial assignor, the person will still be obligated to pay the new assignee according to the agreement. If the obligated party has not yet been informed of the assignment and pays the original note holder (assignor), the assignor is obligated to turn those funds over to the new assignee. But, what are the remedies if this doesn’t take place? Actually, the new assignee may find themselves in a difficult position if the assignor simply takes off with their funds or payment. They are limited to taking action against the person they bought the note from (assignor) and cannot hold the obligator liable. Therefore, it is important to remember that if any note or obligation is assigned to another party, each party should be well aware of their responsibilities in the transaction and uphold them according to the laws of their state. Assignment forms should be well thought out and written in a manner which prevents the failure of one party against another.

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Factoring , Newsletters

THE NOTICE OF ASSIGNMENT: A REFRESHER COURSE

Allen J. Heffner Nov 20, 2023

The Notice of Assignment is probably the single most important document for a Factor. Understanding what needs to be included in the Notice of Assignment, how to send it, and who to send it to can mean the difference between getting paid and not. Despite the fact that every Factor is (or should be) familiar with legal requirements relating to Notices of Assignment, we still find that many of our factoring clients who end up in litigation make basic mistakes relating to their Notices of Assignment. The article focuses on what information needs to be included in the Notice, who the Notice should be sent to, and how the Notice should be delivered.

What needs to be included in the Notice of Assignment?

To be effective, there is certain information that must be included in the Notice of Assignment. The Uniform Commercial Code (“UCC”) requires that the notice must:

• Notify the Account Debtor that the amount due or to become due has been assigned;
• Notify the Account Debtor that payment is to be made to the Factor;
• Reasonably identify the rights assigned; and
• Be signed by the Factor or its client.

The Notice of Assignment should also include a remittance address so the Account Debtor is informed how and in what manner the Factor should be paid.

Additionally, while not explicitly required under the current version of the UCC, Factors should include language in their Notice of Assignment that: (i) the Client has assigned all of its present and future accounts receivable to Factor; (ii) the Factor holds a first priority security interest in all of the client’s accounts receivable; and (iii) all payments owing to the client must be paid to the Factor.

Who should the Notice of Assignment be sent to?

Notices of Assignment should not be sent directly to individuals with an Account Debtor. Sending the Notice to a specific individual may lead to issues relating to the authority of that individual to receive documents on behalf of the Account Debtor. Moreover, Factors that direct Notices of Assignment directly to individuals open themselves up to arguments that the Notices of Assignment was not properly delivered. For instance, our clients that have sent Notices of Assignment to individuals have ended up in situations where the individual to whom the Notice of Assignment was addressed no longer worked with the Account Debtor or the individual was located at a different office and the Notice of Assignment was not sent to the proper location. To be safe and to avoid unnecessary issues, Factors should send the Notice of Assignment to the Account Debtor’s accounts payable department.

Additionally, some states have specialized definitions for what constitutes “notice” on behalf of a company. If there is any question as to where a Notice of Assignment should be sent, Factors should check with their attorney to determine where these should be sent.

How should the Notice of Assignment be delivered?

The crucial issue for the enforceability of a Notice of Assignment is proof of receipt by the Account Debtor, not proof of delivery. Therefore, it is good business practice to send the Notice of Assignment either certified mail or other method that provides for proof of delivery.

Many of our clients have asked about whether it is proper to deliver the Notice of Assignment via e-mail asking the Account Debtor to confirm receipt or with “read receipts” turned on. Some Factors prefer this method because it is more cost efficient.

While sending Notices of Assignment via e-mail is enforceable, we would not recommend it as a general business practice. Sending the Notice in this manner requires delivering the Notice to a specific individual, which we have discussed above can be problematic. Sometimes officers and directors of companies have assistants or other personnel manage their e-mail accounts, raising the possibility that the individual to whom the Notice was sent, never saw the e-mail, even though the e-mail was “read.”

Last, there is no requirement that the Notice be signed by the Account Debtor and returned to the Factor. Often, we see our client’s Notice include a “confirmation of receipt” line for the Account Debtor to sign and return. Sometimes, the Factor will have proof of delivery to the Account Debtor but the Notice was not signed and returned by the Account Debtor. This adds unnecessary ambiguity as to whether the Notice was actually received by the Account Debtor. Therefore, we instruct our clients not to include such requests for proof of receipt.

Who should send the Notice of Assignment?

Some of our clients that have had bad experiences with Account Debtors after delivering a Notice of Assignment have chosen to have their Client be the one to deliver the Notice of Assignment. There is no legal requirement as to whether the Factor or the Client is the correct party to deliver the Notice of Assignment. However, we recommend the Factor be the one to deliver the Notice of Assignment. This way, the Factor is in complete control of the contents of the Notice of Assignment, how it is delivered, and receives confirmation of its delivery. We have been in situations in which the Factor allowed the Client to deliver the Notice of Assignment, but the Client did not deliver the Notice of Assignment in accordance with the law, leading to avoidable litigation.

Should a Factor respond to an Account Debtors questions regarding a Notice of Assignment?

Absolutely, yes. If requested by an Account Debtor, pursuant to the UCC, a Factor must furnish reasonable proof of the assignment for the Notice of Assignment to be valid. Too often we see situations in which requests are made or questions are posed by Account Debtors that the Factor ignores, thinking that because the Account Debtor received the Notice of Assignment, nothing else needs to be done. The Factor should respond to the Account Debtor and provide reasonable proof of the assignment. These communications can also provide invaluable insight as to the relationship between the client and the Account Debtor, how and when payments will be made, and can provide the Account Debtor a sense of trust with the Factor.

A Notice of Assignment is crucial for Factors because it provides legal protection, establishes priority of interest, prevents confusion, facilitates legal recourse, and enables effective communication with Account Debtors. Without this notice, Factors may encounter difficulties in asserting their rights and collecting payments from Account Debtors, potentially jeopardizing the financial transaction.

Bruce Loren and Allen Heffner of the Loren & Kean Law Firm are based in Palm Beach Gardens and Fort Lauderdale. For over 25 years, Mr. Loren has focused his practice on construction law and factoring law.  Mr. Loren has achieved the title of “Certified in Construction Law” by the Florida Bar. The Firm represents factoring companies in a wide range of industries, including construction, regarding all aspects of litigation and dispute resolution. Mr. Loren and Mr. Heffner can be reached at [email protected] or [email protected] or 561-615-5701

Bruce E. Loren · Michael I. Kean · Allen J. Heffner · Kyle W. Ohlenschlaeger · Frank Sardinha, III

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English-German translation for "assignment"

"assignment" german translation, „assignment“ : noun, overview of all translations.

• An-, Zuweisung feminine | Femininum f assignment allocation assignment allocation
• Bestimmung feminine | Femininum f assignment fixing Festlegung feminine | Femininum f , -setzung feminine | Femininum f assignment fixing assignment fixing
• (Schul)Aufgabe feminine | Femininum f assignment school work Arbeit feminine | Femininum f assignment school work assignment school work
• Auftrag masculine | Maskulinum m assignment of journalist assignment of journalist
• assignment syn vgl. → see „ task “ assignment syn vgl. → see „ task “
• Angabe feminine | Femininum f assignment producing, ascribing Anführen neuter | Neutrum n assignment producing, ascribing Zuschreiben neuter | Neutrum n assignment producing, ascribing assignment producing, ascribing
• assignment of reasons Angabe von Gründen assignment of reasons
• Beilegung feminine | Femininum f assignment mathematics mathematics | Mathematik Mathematik MATH Zuordnung feminine | Femininum f assignment mathematics mathematics | Mathematik Mathematik MATH assignment mathematics mathematics | Mathematik Mathematik MATH
• Übertragung feminine | Femininum f assignment commercial term, commerce | Wirtschaft/Volkswirtschaft WIRTSCH legal term, law | Rechtswesen JUR handing over Übereignung feminine | Femininum f assignment commercial term, commerce | Wirtschaft/Volkswirtschaft WIRTSCH legal term, law | Rechtswesen JUR handing over Abtretung feminine | Femininum f assignment commercial term, commerce | Wirtschaft/Volkswirtschaft WIRTSCH legal term, law | Rechtswesen JUR handing over Zession feminine | Femininum f assignment commercial term, commerce | Wirtschaft/Volkswirtschaft WIRTSCH legal term, law | Rechtswesen JUR handing over assignment commercial term, commerce | Wirtschaft/Volkswirtschaft WIRTSCH legal term, law | Rechtswesen JUR handing over
• assignment of claims Forderungsabtretung assignment of claims
• assignment of debts Forderungsabtretung assignment of debts
• assignment of income finance finance | Finanzen und Bankwesen Finanzen und Bankwesen FIN Einkommensverschiebung assignment of income finance finance | Finanzen und Bankwesen Finanzen und Bankwesen FIN
• assignment of policy Abtretung der Versicherungsforderung assignment of policy
• assignment in blank American English | amerikanisches Englisch US Blankoindossament assignment in blank American English | amerikanisches Englisch US
• Abtretungs-, Zessionsurkunde feminine | Femininum f assignment legal term, law | Rechtswesen JUR document of assignment assignment legal term, law | Rechtswesen JUR document of assignment
• Festsetzung feminine | Femininum f assignment legal term, law | Rechtswesen JUR fixing Bestimmung feminine | Femininum f assignment legal term, law | Rechtswesen JUR fixing assignment legal term, law | Rechtswesen JUR fixing
• assignment of dower Festsetzung des Witwenteils assignment of dower
• Anweisung feminine | Femininum f assignment commercial term, commerce | Wirtschaft/Volkswirtschaft WIRTSCH payment, transfer trassierter Wechsel assignment commercial term, commerce | Wirtschaft/Volkswirtschaft WIRTSCH payment, transfer assignment commercial term, commerce | Wirtschaft/Volkswirtschaft WIRTSCH payment, transfer

Example sentences from external sources for "assignment" (not checked by the Langenscheidt editorial team)

• Source: OPUS
• Original text source: Tatoeba
• Original text source: WIT³
• Original text source: TED
• Original database: TED Talk Parallel Corpus
• Original text source: Europäisches Parlament
• Original database: Europarl Parallel Corups

Synonyms for "assignment"

• naming , designation , appointment

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7 Fearless Rescue Dogs Who Risked Their Lives To Help The Victims Of 9/11

From riley the golden retriever to apollo the german shepherd, these canine companions remained calm and performed their duties in the face of chaos following the terrorist attacks of september 11, 2001..

There were many heroes at Ground Zero in the wake of the terrorist attacks of Sept. 11, 2001, but not all of them walked on two legs. Many 9/11 rescue dogs played a major role in the search efforts that took place in the days after the tragedy, particularly when it came to finding survivors who were lost in the rubble. In fact, the last living person rescued from the World Trade Center — 27 hours after the Twin Towers collapsed — was found by one of these dogs.

Naturally, the search and rescue effort took a massive mental toll on everyone involved, including the dogs. Given that many of these canines were trained specifically to find survivors in the event of a disaster, they were often discouraged when, after hours of searching, they turned up nothing. To keep morale high, the handlers had to stage “mock finds” to help the pups feel successful.

The rubble also took a physical toll on the dogs. They were covered in debris, with their paw pads, eyes, and noses requiring constant cleaning. To ensure the creatures were properly taken care of, veterinarians were stationed at the site to constantly monitor them.

Although they often get less credit than their human counterparts, there is no doubt that these 9/11 rescue dogs are just as deserving of the title “hero.”

Bretagne, The Two-Year-Old Golden Retriever Whose First Assignment Was 9/11

Texas Task Force 1 Bretagne not only searched for survivors following 9/11 — she also comforted emergency workers at Ground Zero.

Bretagne (pronounced like Brittany) was only two years old when she arrived at Ground Zero. In fact, it was her “first mission.” Her trainer, Denise Corliss, was an electrical engineer at the time, but she found herself fascinated by the work carried out by disaster search dogs. Eventually, she learned that civilian volunteers, if they trained their dogs well enough, could be called in to support federal emergency responders.

“I was so excited about doing this, but I didn’t have the appreciation of how life-changing it would be,” Corliss said in a 2014 interview with Today . “It took 20 to 30 hours a week easily to stay on top of training. This is what I did when I wasn’t at work.”

But that training ultimately paid off, because Corliss and Bretagne qualified for Texas Task Force 1 in 2000. One year later, they would put all their hard work to the test when they were called to New York City to help in the search and rescue efforts at Ground Zero. There, they put in 12-hour shifts for two weeks straight.

Bretagne had an uncanny ability to recognize when people were feeling down, and she always went out of her way to approach first responders who looked despondent. Once, she noticed a firefighter who wore a grim expression and broke away from Corliss to attend to him.

“I was surprised that she wasn’t listening to me, but she really wasn’t — it was like she was flipping me the paw,” Corliss said. “She went right to that firefighter and laid down next to him and put her head on his lap.”

By the time of the 2014 interview, Bretagne was 15 years old and one of the last surviving rescue dogs of 9/11. She was given a hero’s goodbye in June 2016, with members of the Cy-Fair Fire Department and Texas Task Force 1 saluting her as she entered the vet clinic for the final time.

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