Mississippi Assignment of Accounts Receivable Regarding Manufactured Goods with Warranty of Assignor

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Multi-State
Control #:
US-01440BG
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Word; 
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Description

An assignment consists of a transfer of property or some right or interest in property from one person to another. Unless an assignment is qualified in some way, it is generally considered to be a transfer of the transferor's entire interest in the interest or thing assigned. Unless there is a statute that requires that certain language be used in an assignment or that the assignment be in writing, there are really no formal requirements for an assignment. Any words which show the intent to transfer rights under a contract are sufficient to constitute an assignment.

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FAQ

Example of the Assignment of Accounts Receivable ABC Corp. approaches XYZ Bank to obtain financing using its accounts receivable as collateral. XYZ Bank agrees to provide a loan of 85% of the total accounts receivable value, which amounts to $170,000 (85% of $200,000).

Assignment of accounts receivable is a method of debt financing whereby the lender takes over the borrowing company's receivables. This form of alternative financing is often seen as less desirable, as it can be quite costly to the borrower, with APRs as high as 100% annualized.

What is the appropriate treatment for receivable assignment transaction? In a receivables financing transaction, the assignment of the debt by the seller to the financier is treated as a true sale: it does not secure payment or performance of an obligation.

In the accounts receivable assignment process, a company assigns receivables to a lending institution to borrow money. The borrower pays interest plus additional fees. The borrowing company retains ownership of the accounts receivable and collects payment from its customers.

A receivable assignment agreement is an agreement by which a creditor ? the ?assignor? ? assigns to another person ? the ?assignee? ? a receivable it holds against a third person ? the ?assigned debtor?. The assigned debtor is not a party to the assignment agreement.

However, pledging is general because all accounts receivable serve as collateral security for the loan. On the other hand, assignment is specific because specific accounts receivable serve as collateral security for the loan. Assignment may be done either on a nonnotification or notification basis.

In the case of an assignment by way of security, the customer expresses to transfer to the financier its rights, title and interests in the receivables subject to an equity of redemption (i.e. the customer has the right to have the receivables re-assigned to it if the secured liabilities are satisfied).

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Mississippi Assignment of Accounts Receivable Regarding Manufactured Goods with Warranty of Assignor