www.williamhiggsbarrister.com.au

   
     Call Clerk on (02) 9336 5399
Tap To Call

Category Archives: Transfer of financial assets in transactions

3 What can be assignment ?

Benefits not burdens a contractual obligation cannot be assigned without the consent of the other contracting party; that is, it is not possible to transfer the burden of a contract to a third party other than by novation. When we speak of assignment we are talking about assigning the benefits as we cannot assign burdens […]

Read More 

2 What is assignment?

Under general law, a debt or other chose in action may be assigned by two methods: legal assignment or equitable assignment. A legal assignment is absolute if the requirements of s 12 of the Conveyancing Act have been satisfied. Several steps must be taken before s 12 of the Conveyancing Act causes an assignment of […]

Read More 

1. Parties transfer property in financing transactions in a number of ways

sale of a specific loan by a lender such as a syndicated loan. reasons: to realise capital or take advantage of new lending opportunities; change the dynamics of its loan portfolio ie diversifying its portfolio; reduce its capital requirements (ie banks have to maintain a certain percentage of capital to cover for its existing loan […]

Read More