Assignment of receivables

(a) If payment in respect of the assigned receivable is made to the assignee, the assignee is entitled to retain the proceeds and goods returned in respect of the assigned receivable

3. This article applies only to assignments of receivables

(b) If payment in respect of the assigned receivable is made to the assignor, the assignee is entitled to payment of the proceeds and also to goods returned to the assignor in respect of the assigned receivable and

United Nations Convention on the Assignment of Receivables in International Trade

Desiring also to ensure adequate protection of the interests of debtors in assignments of receivables,

2. This Convention does not apply to assignments of receivables arising under or from

(a) Individually as receivables to which the assignment relates or

2. Unless otherwise agreed, an assignment of one or more future receivables is effective without a new act of transfer being required to assign each receivable.

(a) Assignments of international receivables and to international assignments of receivables as defined in this chapter, if, at the time of conclusion of the contract of assignment, the assignor is located in a Contracting State and

56 81. United Nations Convention on the Assignment of Receivables in International Trade

4. Paragraphs 2 and 3 of this article apply only to assignments of receivables

2. The assignee may not retain more than the value of its right in the receivable.

(b) In any other manner, provided that they can, at the time of the assignment or, in the case of future receivables, at the time of conclusion of the original contract, be identified as receivables to which the assignment relates.

(b) Subsequent assignments, provided that any prior assignment is governed by this Convention.

2. Notification of the assignment or a payment instruction may relate to receivables arising after notification.

3. This article does not apply to assignments of receivables listed in article 9, paragraph 3.

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(c) If payment in respect of the assigned receivable is made to another person over whom the assignee has priority, the assignee is entitled to payment of the proceeds and also to goods returned to such person in respect of the assigned receivable.

United Nations Convention on the Assignment of Receivables in International Trade (New York, 12 December 2001).

(b) Financial contracts governed by netting agreements, except a receivable owed on the termination of all outstanding transactions

(i) An interest in that real property to the extent that under that law the assignment of a receivable confers such an interest or

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(ii) The priority of a right in a receivable to the extent that under that law an interest in the real property confers such a right or

1. The law of the State in which the assignor is located governs the priority of the right of an assignee in the assigned receivable over the right of a competing claimant.

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Considering that problems created by uncertainties as to the content and the choice of legal regime applicable to the assignment of receivables constitute an obstacle to international trade,

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As between assignees of the same receivable from the same assignor, the priority of the right of an assignee in the assigned receivable is determined by the order of conclusion of the respective contracts of assignment.

1. Expresses its appreciation to the United Nations Commission on International Trade Law for preparing the draft Convention on the Assignment of Receivables in International Trade Ibid., annex I.

2. Adopts and opens for signature or accession the United Nations Convention on the Assignment of Receivables in International Trade, contained in the annex to the present resolution

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3. Nothing in paragraph 2 of this article affects the priority of a person having against the proceeds a right of set off or a right created by agreement and not derived from a right in the receivable.

2. A single registration may cover one or more assignments by the assignor to the assignee of one or more existing or future receivables, irrespective of whether the receivables exist at the time of registration.

Considering that problems created by uncertainties as to the content and the choice of the legal regime applicable to the assignment of receivables constitute an obstacle to international trade,

4. If the debtor receives notification of more than one assignment of the same receivable made by the same assignor, the debtor is discharged by paying in accordance with the first notification received.

The Great Denial