Deed of Assignment: Everything You Need to Know

A deed of assignment refers to a legal document that records the transfer of ownership of a real estate property from one party to another. 3 min read updated on January 01, 2024

Updated October 8,2020:

A deed of assignment refers to a legal document that records the transfer of ownership of a real estate property from one party to another. It states that a specific piece of property will belong to the assignee and no longer belong to the assignor starting from a specified date. In order to be valid, a deed of assignment must contain certain types of information and meet a number of requirements.

What Is an Assignment?

An assignment is similar to an outright transfer, but it is slightly different. It takes place when one of two parties who have entered into a contract decides to transfer all of his or her rights and obligations to a third party and completely remove himself or herself from the contract.

Also called the assignee, the third party effectively replaces the former contracting party and consequently assumes all of his or her rights and obligations. Unless it is stated in the original contract, both parties to the initial contract are typically required to express approval of an assignment before it can occur. When you sell a piece of property, you are making an assignment of it to the buyer through the paperwork you sign at closing.

What Is a Deed of Assignment?

A deed of assignment refers to a legal document that facilitates the legal transfer of ownership of real estate property. It is an important document that must be securely stored at all times, especially in the case of real estate.

In general, this document can be described as a document that is drafted and signed to promise or guarantee the transfer of ownership of a real estate property on a specified date. In other words, it serves as the evidence of the transfer of ownership of the property, with the stipulation that there is a certain timeframe in which actual ownership will begin.

The deed of assignment is the main document between the seller and buyer that proves ownership in favor of the seller. The party who is transferring his or her rights to the property is known as the “assignor,” while the party who is receiving the rights is called the “assignee.”

A deed of assignment is required in many different situations, the most common of which is the transfer of ownership of a property. For example, a developer of a new house has to sign a deed of assignment with a buyer, stating that the house will belong to him or her on a certain date. Nevertheless, the buyer may want to sell the house to someone else in the future, which will also require the signing of a deed of assignment.

This document is necessary because it serves as a temporary title deed in the event that the actual title deed for the house has not been issued. For every piece of property that will be sold before the issuance of a title deed, a deed of assignment will be required.

Requirements for a Deed of Assignment

In order to be legally enforceable, an absolute sale deed must provide a clear description of the property being transferred, such as its address or other information that distinguishes it from other properties. In addition, it must clearly identify the buyer and seller and state the date when the transfer will become legally effective, the purchase price, and other relevant information.

In today's real estate transactions, contracting parties usually use an ancillary real estate sale contract in an attempt to cram all the required information into a deed. Nonetheless, the information found in the contract must be referenced by the deed.

Information to Include in a Deed of Assignment

  • Names of parties to the agreement
  • Addresses of the parties and how they are binding on the parties' successors, friends, and other people who represent them in any capacity
  • History of the property being transferred, from the time it was first acquired to the time it is about to be sold
  • Agreed price of the property
  • Size and description of the property
  • Promises or covenants the parties will undertake to execute the deed
  • Signatures of the parties
  • Section for the Governors Consent or Commissioner of Oaths to sign and verify the agreement

If you need help understanding, drafting, or signing a deed of assignment, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

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Deed of Assignment (for Intellectual Property)

a formal legal document used to transfer all rights

In the realm of intellectual property, a Deed of Assignment is a formal legal document used to transfer all rights, title, and interest in intellectual property from the assignor (original owner) to the assignee (new owner). This is crucial for the correct transfer of patents, copyrights, trademarks, and other IP rights. The deed typically requires specific legal formalities, sometimes notarization, to ensure it is legally enforceable.

To be legally effective a deed of assignment must contain:

  • Title of the Document : It should clearly be labeled as a "Deed of Assignment" to identify the nature of the document.
  • Date : The date on which the deed is executed should be clearly mentioned.
  • Parties Involved : Full names and addresses of both the assignor (the party transferring the rights) and the assignee (the party receiving the rights). This identifies the parties to the agreement.
  • Recitals : This section provides the background of the transaction. It typically includes details about the ownership of the assignor and the intention behind the assignment.
  • Definition and Interpretation : Any terms used within the deed that have specific meanings should be clearly defined in this section.
  • Description of the Property or Rights : A detailed description of the property or rights being assigned. For intellectual property, this would include details like patent numbers, trademark registrations , or descriptions of the copyrighted material.
  • Terms of Assignment : This should include the extent of the rights being transferred, any conditions or limitations on the assignment, and any obligations the assignor or assignee must fulfill as part of the agreement.
  • Warranties and Representations : The assignor typically makes certain warranties regarding their ownership of the property and the absence of encumbrances or third-party claims against it.
  • Governing Law : The deed should specify which jurisdiction's laws govern the interpretation and enforcement of the agreement.
  • Execution and Witnesses : The deed must be signed by both parties, and depending on jurisdictional requirements, it may also need to be witnessed and possibly notarized.
  • Schedules or Annexures : If there are detailed lists or descriptions (like a list of patent numbers or property descriptions), these are often attached as schedules to the main body of the deed.

Letter of Assignment (for Trademarks and Patents)

Letter of Assignment

This is a less formal document compared to the Deed of Assignment and is often used to record the assignment of rights or licensing of intellectual property on a temporary or limited basis. While it can outline the terms of the assignment, it may not be sufficient for the full transfer of legal title of IP rights. It's more commonly used in situations like assigning the rights to use a copyrighted work or a trademark license.

For example, company X allows company Y to use their trademark for specific products in a specific country for a specific period.  

At the same time, company X can use a Letter of Assignment to transfer a trademark to someone. In this case, it will be similar to the Deed of Assignment. 

Intellectual Property Sales Agreement

Intellectual Property Sales Agreement

An IP Sales Agreement is a detailed contract that stipulates the terms and conditions of the sale of intellectual property. It covers aspects such as the specific rights being sold, payment terms, warranties regarding the ownership and validity of the IP, and any limitations or conditions on the use of the IP. This document is essential in transactions involving the sale of IP assets.

However, clients usually prefer to keep this document confidential and prepare special deeds of assignment or letter of assignment for different countries.

IP Transfer Declaration

IP Transfer Declaration

In the context of intellectual property, a Declaration is often used to assert ownership or the originality of an IP asset. For example, inventors may use declarations in patent applications to declare their invention is original, or authors may use it to assert copyright ownership. It's a formal statement, sometimes required by IP offices or courts.

When assigning a trademark, the Declaration can be a valid document to function as a proof of the transfer. For example, a director of company X declares that the company had sold its Intellectual Property to company Y. 

Merger Document

Merger Document

When companies or entities with significant IP assets merge, an IP Merger Document is used. This document outlines how the intellectual property owned by the merging entities will be combined or managed. It includes details about the transfer, integration, or handling of patents, copyrights, trademarks, and any other intellectual property affected by the merger.

In all these cases, the precise drafting of documents is critical to ensure that IP rights are adequately protected and transferred. Legal advice is often necessary to navigate the complexities of intellectual property laws.

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  • Sample Contracts

FREE 17+ Deed of Assignment Samples in PDF | MS Word

sample deed of assignment templates

A deed is referred to as a legal document that serves as an instrument used regarding the transfer, assignment, or bargain of a property or rights. Deeds need to be signed, sealed, and delivered so that it will be considered valid. Deeds are often associated with property transfers, like transferring the ownership of the title of a property to another.

Deed Assignment Samples Pdf Word

Teacher agreement contract samples, free 26+ investment agreement samples in pdf | ms word | google docs | pages, free 9+ shop rental agreement samples [ commercial, lease, tenancy ].

A deed of assignment is one type of deed that is used not only in legal practices but also in the business industry during sale and transfer transactions. We will be touching on this important legal document in this article analysis . Select deed of assignment samples and templates have been included in this article for your convenience. You may download these sample and templates for free. Useful information like what it is, its uses, its components, and many more are available here. Feel free to check them out below.

Deed of Sale and Assignment Lease Template

deed of sale and assignment lease template

  • Google Docs

Assignment of Deed of Trust Template

assignment of deed of trust template

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Size: A4, US

Deed of Reassignment and Retransfer Template

deed of reassignment and retransfer template

Editable Deed of Assignment Template

editable deed of assignment 1

Sample Deed of Assignment Template

sample deed of assignment 1

Size: 112 KB

Bank Deed of Assignment Template

bank deed of assignement sample template 1

Size: 11 KB

Sample Company Deed of Assignment Template

company deed of assignment 01

Size: 159 KB

Simple Deed of Assignment Template

simple deed of assignement template 1

Size: 49 KB

Sample Assignment of Intellectual Property Rights (Pro-Assignee)

sample assignment of intellectual property rights pro assignee 1

Size: 21 KB

Printable Deed of Assignment Template

printable deed of assignment sample 03

Size: 55 KB

Deed of Assignment of Shipbuilding Template

deed of assignment of shipbuilding 01

Size: 25 KB

What Is a Deed of Assignment?

A deed of assignment is a document that contains the details of a transaction that involves the transfer of ownership of a property from one entity to another. It works just like that of an sample agreement because a deed of assignment involves two parties in it who both need to agree to the terms and conditions of the assignment. The word transfer best determines or best describes what a deed of assignment is.

There will always be two parties involved in a deed of assignment and they are the assignee and the assignor. The the person or party who makes the transfer their rights to another person or party is called the assignor. The person who gets or receives the rights to a property or thing from the assignor is called the assignee. Both parties are important in the completion of a deed of assignment.

The concept of a deed of agreement is very similar to that of a legal agreement or legal contract, where there is a party who creates an offer and another party who accepts the offer. To learn more about deeds and other related topic, you may check out our website view them from there. To name a few examples are quit claim deeds, mortgage deeds , and sample grant deeds form .

How Is a Deed of Assignment Different from That of a Deed of Sale?

A deed of sale is also a sample form of document that transfers one’s rights on a property or thing to another. That is exactly the same as a deed of assignment. They may be used for the same reason, which is to transfer property rights, but there is still a difference between a deed of assignment and a deed of sale, which is evident in the details of each document and how they work. The following is a comparison that will help you understand their differences easily.

  • A deed of sale is used mainly in real estate business plan to transfer the rights of the real estate holder, which is the seller, to that of the buyer once full payment for the real estate property is made. This transfer involves monetary payment by the buyer to the seller for the said real estate property. In a deed of assignment, the transfer of rights to a property may or may not require the assignee to make a payment for the said property nor does the assignor ask for payment for it.
  • The buyer and the seller need to comply to the terms and conditions of the sales contract and they must do their share of responsibilities or obligations while the contract is still ongoing and even if the transfer has been completed. This is not the case in a deed of assignment. The transfer of rights is absolute, which means that once the transfer has been completed, the assignor no longer has anything to do with the property rights that they have transferred to another. In other words, they have totally given up all their rights to the said property or thing.
  • A deed of sale is recognized by the law as the purchase or sale of a property, rather than a transfer of the rights of that property.
  • A deed of sale may be seen as a takeover of rights while a deed of assignment may be seen as a transfer of responsibilities.

You may also be interested in other related topics, like sample warranty deed forms and general warranty deed samples .

Uses of a Deed of Assignment

What are the uses of a deed of assignment? There are a number of things that a deed of assignment is used for and they are as follows:

  • A deed of assignment is used as an evidence that a certain transfer transaction has taken place between an assignor and the assignee.
  • It is a document used to show that the assignor has transferred all of their rights, claims, interests, and ownership of a certain property to the assignee.
  • It is a proof of the assignor’s promise that they are transferring their rights and ownership to the property to the assignee.
  • A deed of assignment is not only used to transfer one’s rights to another, but it is also used to transfer the responsibilities or obligations of the assignor to the assignee. These responsibilities or obligations come together with the ownership and rights to the said property.

Real estate businesses and other businesses involved in the sale and purchase of different kinds of properties commonly use a deed of assignment together with other important legal documents, like real estate sales contract , property sales contract , and  home sales contract .

What Are the Components of a Deed of Assignment?

There are a lot of components of a deed of assignment and it is important that you know of these components if you are going to study or get involved in one. Below is the list of the components of a deed of assignment that you need to know.

  • The introduction, which includes the date when the assignment is made and signed, the commencement, the names of both the parties involved, and the recital
  • The operative part, which includes the testatum or the witnesses, and other clauses like sample receipt clause, the consideration, the word grant, the parcel, the capacity of both the vendor and the covenant for the title, exceptions and reservations, and habendum
  • Other miscellaneous clauses like the covenant for indemnity, both for assignor and assignee
  • The testimonies
  • The schedules
  • The execution of the deed

Pipeline Company Deed of Assignment Template

pipeline company deed of assignment sample 02

Size: 69 KB

Sample Deed of Assignment Form with Instructions Template

deed of assignment form with instructions 1

Size: 68 KB

Deed of Assignment of Contractor’s Financial Benefits Template

deed of assignment of contractors financial benefits 1

Size: 20 KB

Deed of Assignment of Tenancy Template

deed of assignment of tenancy 1

Size: 37 KB

Deed of Assignment of Trademark Template

deed of assignment of trademark 1

Size: 12 KB

Deed of Assignment: Executors to Beneficiary Template

deed of assignement executors to beneficiary 2

Size: 51 KB

Sample Deed of Assignment and Undertaking Template

deed of assignment and undertaking 1

How to Create a Deed of Assignment

Believe it or not, you can create a deed of assignment on your own. You just need the right steps to guide you and the appropriate resources to help you have it done. Below are some easy-to-follow steps that you will really find useful.

  • Decide what your deed of assignment is going to be about. Think of the details that you want to include in it that specifically has something to do with its transfer.
  • If you must, list down these details and other specifications that you want to include in your deed of assignment.
  • Once you have that decided or identified, go online and look for a deed of assignment template that contains the same details and specifications that you need, or a template that is similar to what you need.
  • When you already found the template, download it to your computer or laptop. Also check if it the file type is supported by the sample applications you have on your computer or laptop, like Word or PDF.
  • Open the downloaded file. If you need to change anything, or add and remove some parts, feel free to do so. Just make sure that it does not change the meaning of the paragraph, sentence, or part that you made changes to.
  • When you are satisfied with the changes that you have made, go back to the very first page and review your work. Make sure that everything is covered in your document.
  • After finalizing your work, save the changes that you have made. Saving your work allows you to retrieve it later on if you have a need for it in the future.
  • Print enough copies that you need for your transaction.

Now you should have a deed of assignment of your own with your preferred details. Things get pretty easy and convenient with the use of templates. It is just like the one we did above. To get hold of other useful templates, feel free to visit our website and check a variety of templates from there. Other titles you may be interested in are Quit Claim Deed, Investment Contract , and  Shareholders Agreement .

Advantages of Deed of Assignment Templates

With the steps above, you probably have an idea how great templates are. But its greatness does not stop there because more of it are in store for you. Below is a list of some of the advantages of a deed of assignment template.

  • There are different varieties of deed of of assignment templates online so you can look for the template that is just right for your needs.
  • The templates are from reliable and trusted sources so you are sure that the one you will find online is capable of handling your situation.
  • Using ready-made templates ensures that the deed of assignment produced is one that is complete.
  • The creation of the document becomes fast and convenient for anyone who wishes to make their very own deed of assignment.
  • The use of the templates is highly recommended because of its level of accuracy, which is belied to be little to no mistakes at all.

That is a lot of advantages that you can get from these templates. Another good thing is, even with just sample on hand, you can pretty much get the same advantages similar to that of templates. If you find this article helpful, you will also love other articles that we offer on our website. To name a few are Asset Purchase Agreement ,  Essential Financial Statements for Your Business , and  Legal Bill of Sale .

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DEED OF ASSIGNMENT: EVERYTHING YOU NEED TO KNOW.

A Deed of Assignment refers to a legal document in which an assignor states his willingness to assign the ownership of his property to the assignee. The Deed of Assignment is required to effect a transfer of property and to show the legal right to possess it. It is always a subject of debate whether Deed of Assignment is a contract; a Deed of Assignment is actually a contract where the owner (the “assignor”) transfers ownership over certain property to another person (the “assignee”) by way of assignment. As a result of the assignment, the assignee steps into the shoes of the assignor and assumes all the rights and obligations pertaining to the property.

In Nigeria, a Deed of Assignment is one of the legal documents that transfer authentic legal ownership in a property. There are several other documents like a deed of gifts, Assent, etc. However, this article focuses on the deed of assignment.

It is the written proof of ownership that stipulates the kind of rights or interests being transferred to the buyer which is a legal interest.

Read Also: DIFFERENCE BETWEEN TRANSFER OF PROPERTY THROUGH WILLS AND DEED OF GIFT

CONTENTS OF A DEED OF ASSIGNMENT

Content of a Deed of Assignment matters a lot to the transaction and special skill is needed for a hitch-free transaction. The contents of a deed of assignment can be divided into 3 namely; the introductory part, the second (usually the operative part), and the concluding part.

  • THE INTRODUCTORY PART: This part enumerates the preliminary matters such as the commencement date, parties in the transaction, and recitals. The parties mentioned in the deed must be legal persons which can consist of natural persons and entities with corporate personality, the name, address, and status of the parties must be included. The proper descriptions of the parties are the assignor (seller) and assignee (buyer). The Recitals give the material facts constituting the background to the current transaction in chronological order.
  • THE SECOND PART (USUALLY THE OPERATIVE PART): This is the part where the interest or title in the property is actually transferred from the assignor to the assignee. It is more like the engine room of the deed of assignment. The operative part usually starts with testatum and it provides for other important clauses such as the consideration (price) of the property, the accepted receipt by the assignor, the description of the property, and the terms and conditions of the transaction.
  • The testimonium : this shows that all the parties are involved in the execution of the deed.
  • Execution : this means signing. The capacity of the parties (either individual, corporate bodies, illiterates) is of great essence in the mode of execution.  It is important to note that the type of parties involved determines how they will sign. Example 2 directors or a director/secretary will sign if a company is involved. In the same way, if an association, couple, individual, illiterate, family land (omonile), firm, unregistered association, etc. is involved the format of signature would be different.
  • Attestation : this refers to the witnessing of the execution of the deed by witnesses.

For a Deed of Assignment to be effective, it must include a column for the Governor of the state or a representative of the Government where the property is, to sign/consent to the transaction. By virtue of Sec. 22 of the Land Use Act, and Sec. 10 Land Instrument Registration Law, the Governor must consent to the transaction.

Do you have any further questions? feel free to call Ibejulekkilawyer on 08034869295 or send a mail to [email protected] and we shall respond accordingly.

Disclaimer: The above is for information purposes only and should not be construed as legal advice. Ibejulekkilawyer.com (blog) shall not be liable to any person(s) for any damage or liability arising whatsoever following the reliance of the information contained herein. Consult us or your legal practitioner for legal advice.

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CONTRACT FOR SALE OF LAND

A Deed of Assignment and Transfer of Rights is a legal document used when a person or a company who originally was a party to a contract (also known as the assignor or transferor) transfers his or its rights under the contract to another party (the assignee or transferee).

Accordingly, when the Deed of Assignment and Transfer of Rights has been drafted on the basis that in the original contract there is no prohibition to or restriction on assignment, and hence signed by both parties, it can be consequently assigned without the other contracting party’s consent.

In this article, I’ll try to dissect a sample Deed of Assignment and Transfer of Rights of a St. Peter Life Plan and provide descriptions of its fundamental elements or parts. As drafting a deed requires abundant caution, presence of mind, and knowledge of property and other allied laws, I highly advise that you seek help from experts and experienced in legal transactions.

Parts of a Deed of Assignment and Transfer of Rights

[1] Title of Deed . As implied above, deeds come in different forms and types. Check if the document and the first section displays the title – Deed of Assignment and Transfer of Rights. Conventionally, the first paragraph runs:

  KNOW ALL MEN BY THESE PRESENTS:

This deed, made and entered made and entered into this 13 rd day of January 2018 at the City of Manila, by and between:

[2] Parties Involved . A Deed of Assignment and Transfer of Rights must contain accurate information about the identities of the assigning and assigned parties. Other information such as age legality, citizenship, and postal address must be included, just as seen below:

Juan De la Cruz, Filipino citizen, of legal age, married to Josefina De la Cruz, and with residence and postal address at 123 Kasiglahan Street, Karangalan Village, Dela Paz, Pasig City, Philippines, hereinafter referred to as the “ASSIGNOR/TRANSFEROR”

Sebastian Maliksi, Filipino citizen, of legal age, single, and with residence and postal address at 456 Kasimanwa Street, Karangalan Village, Dela Paz, Pasig City, Philippines, hereinafter referred to as the “ASSIGNEE/TRANSFEREE”

[3] Contract Details . A Deed of Assignment and Transfer of Rights must contain a detailed description of the contract, hence in the context here – St. Peter Traditional Life Plan (St. Anne) contract and the Life Plan Agreement (LPA) Number:

WHEREAS, the ASSIGNOR/TRANSFEROR is the owner of life / memorial plan contract which is identified as St. Peter Traditional Life Plan (St. Anne), with Life Plan Agreement No. 123456;

[4] Contract Assignment and Transfer Agreement . As one of the most important and critical parts, this specifies the terms and conditions of the agreement. See sample below:

WHEREAS, for and in consideration of the value of the plan and out of accommodation and assistance for the ASSIGNEE/TRANSFEREE, the ASSIGNOR/TRANSFEROR is assigning and transferring all his/her rights and interests over the Life Plan mentioned in the immediately preceding paragraph to the ASSIGNEE/TRANSFEREE;

NOW, therefore for and in consideration of forgoing premises, the parties hereto have agreed on the following terms and conditions, to wit;

THE ASSIGNOR/TRANSFEROR, hereby waives all his / her rights and interests in the subject life plan in favor of the ASSIGNEE/TRANSFEREE. It is understood that when the Life Plan is assigned / availed of, then all obligations of St. Peter Life Plan, Inc. are fulfilled and discharged.

As a consequence of this assignment / transfer of rights, the ASSIGNEE/TRANSFEREE hereby assumes all the obligations and accountabilities of the ASSIGNOR/TRANSFEROR to St. Peter Life Plan, Inc. in connection with the life plan contract which it issued to the latter.

The ASSIGNEE/TRANSFEREE obligates and / or undertakes to comply with and abide by the requirements which St. Peter Life Plan Inc. may impose in connection with the purchase, possession, and use of the said Life Plan particularly the requirement that it should be fully paid before the memorial service could be availed of pursuant to the Life Plan.

[5] Execution . Once the Deed of Assignment and Transfer of Rights is drafted, the parties involved shall execute it by affixing their signatures. Other than the assigning and assigned parties, witnesses should also sign all the pages of the document. In addition, the deed shall be acknowledged and notarized by a legal practitioner.

IN WITNESS WHEREOF the parties have hereunto set their hands on the date and place first above written.

[  Assignor/Transferor]                           [Assignee/Transferee]

SIGNED IN THE PRESENCE OF:

[Witness]                                                    [Witness]

Disclaimer: Although much effort has been exerted in the creation of this article, the author disclaims any legal expertise and does not guarantee the accuracy and legitimacy of any or all of the information. Hence, it is advised that you consult with professionals such as insurance brokers and lawyers before engaging in legal transactions.    

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Drafting a Deed of Assignment

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Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom. Also note: This is not legal advice.

Introduction

A Deed of Assignment is a vital legal document used to transfer rights, interests or assets between parties. It is regularly used in business transactions, and often regarding real estate or intellectual property. A well-crafted deed of assignment can protect both sides from potential legal disputes, ensuring that everyone involved understands their obligations and responsibilities.

The Genie AI team has seen many instances where having a valid deed of assignment can make all the difference - without it businesses could be exposed to considerable risk. That’s why we offer free templates and step-by-step guides to help those wishing to draft their own deed.

When creating a Deed of Assignment it is important to take the specific circumstances into account - any changes or additions should be accurately documented and agreed by all involved parties beforehand. Furthermore, it is essential that the terms are clearly written out in an unambiguous way so every party knows exactly what they have signed up for. Beyond protecting both sides’ interests, this type of agreement can also be used for copyright assignments, leases, debt transfers and trusts.

Before signing on the dotted line it’s also critical that executing such documentation is done properly - all parties must sign in the presence of a witness who will also affix their signature and date the document accordingly. Once this process has been completed filings must then be made with any relevant government authorities whenever necessary (especially in cases involving real estate or intellectual property transfers).

In summary, drafting a Deed of Assignment not only safeguards everyone’s best interests but also provides additional benefits depending on its use case - reading through our step-by-step guidance below should provide you with more information on how to access our template library today and start benefitting from its advantages without needing to sign up for an account with Genie AI first!

Definitions (feel free to skip)

Legal Binding: When a legally binding document is used, it means that all parties involved are legally obligated to follow the terms and conditions set forth in the document.

Assignor: The assignor is the person who is transferring rights, interests or assets to someone else.

Assignee: The assignee is the person who is receiving the rights, interests or assets from the assignor.

Witness: A witness is an independent third-party who is present when a document is signed, in order to ensure that the process is completed in a secure and legally binding manner.

Stamp: A stamp is an official seal or mark that is used to verify and authenticate a document.

Tax: A tax is a sum of money that is paid to a government or public authority.

Duty: Duty is an obligation or responsibility assigned to someone.

Defining the Deed of Assignment

What is a deed of assignment and what is its purpose, parties involved, who needs to be involved in the making of a deed of assignment, drafting the deed, determine what kind of deed of assignment needs to be drafted, consider the subject matter to be assigned in the deed, research the legal requirements for the kind of deed to be drafted, draft the deed of assignment in accordance with the legal requirements, executing the deed, check that the parties to the deed are correctly identified, confirm that the deed is correctly signed and dated by all parties, confirm that the deed is witnessed by an independent third party, have the deed of assignment properly executed by all parties, registration, determine whether the deed of assignment needs to be registered, if registration is necessary, confirm the registration procedures, take necessary steps to register the deed of assignment, considerations, consider any applicable tax or stamp duty implications of the deed of assignment, consider any restrictions or limitations on the rights being assigned, consider whether the deed of assignment needs to be registered in any public records, common mistakes, not accurately identifying all of the parties to the deed, not having the deed properly executed by all parties, not having the deed witnessed by an independent third party, not considering any applicable tax or stamp duty implications, not considering any applicable restrictions or limitations on the rights being assigned, record keeping, ensure that the original deed of assignment is securely stored, create a digital copy of the deed and store it in a secure manner, review the deed of assignment to ensure accuracy, confirm that all steps have been completed correctly, seek advice from legal professionals if necessary, get started.

  • Establish the parties involved in the Deed of Assignment
  • Identify the property or service being assigned
  • Specify the terms of the assignment
  • Ensure the Deed of Assignment is properly witnessed
  • Check that all signatures are valid

When you have completed the steps above, you will have successfully defined the Deed of Assignment and can proceed to the next step.

  • A deed of assignment is a legal document that is used to transfer the rights and responsibilities of one party (the assignor) to another party (the assignee)
  • It is used to transfer contractual rights and obligations between parties
  • It should include information such as the names of the parties, the date of the assignment, and the description of the rights transferred
  • You will know that you have completed this step when you have an understanding of what a deed of assignment is and why it is used.
  • Identify the party transferring their rights (the assignor) and the party receiving the rights (the assignee)
  • Draft the deed in the name of both parties, including full names and contact details
  • Ensure the deed is signed by both the assignor and assignee
  • Once the deed is signed, the parties should exchange copies of the document

Once the assignor and assignee have been identified and the deed has been drafted and signed, you can check this step off your list and move on to the next step.

  • Identify the parties involved in the Deed of Assignment. This would typically include the assignor (the party transferring their rights or interest) and the assignee (the party receiving the rights or interest).
  • Ensure that all parties involved have the legal capacity to enter into a contract.
  • When all parties have been identified and their legal capacity has been verified, you can check this step off your list and move on to drafting the Deed.
  • Read the applicable laws in your jurisdiction to determine the required language and structure of the Deed of Assignment
  • Gather the necessary information on the parties, the asset being assigned, and other relevant details
  • Draft the Deed of Assignment, taking into account all the necessary details
  • Make sure the language is clear and unambiguous
  • Have the Deed of Assignment reviewed by a legal professional
  • When the Deed of Assignment has been drafted and reviewed, you can move on to the next step.
  • Identify the type of assignment that needs to be drafted and the legal requirements that need to be satisfied
  • Consider the purpose of the Deed and the rights and obligations of the parties to the Deed
  • Determine if the Deed is for an absolute or conditional assignment
  • Consider if the Deed should be an express or implied assignment
  • Determine if the Deed needs to be in writing or if it can be oral
  • Check the applicable laws in your jurisdiction to ensure that you are drafting a valid Deed
  • Check if there are any additional requirements that need to be included in the Deed

When you can check this off your list: Once you have identified the type of assignment and the relevant legal requirements, you can move on to considering the subject matter to be assigned in the Deed.

  • Identify the subject matter of the Deed of Assignment, such as a patent, trademark, copyright, or other intellectual property
  • Assess the value of the subject matter and any associated liabilities
  • Understand the relationship between the assignor and assignee
  • Have all necessary documents, such as a purchase agreement, to provide more detail about the assignment

Once you have identified the subject matter of the Deed of Assignment, assessed its value, understand the relationship between the assignor and assignee, and gathered any additional documents, you can move onto the next step of researching the legal requirements for the kind of Deed to be drafted.

  • Research the relevant legislation, case law, and other materials related to the Deed of Assignment to be drafted
  • Consult with a lawyer familiar with the relevant law to understand the requirements
  • Take detailed notes on the legal requirements that must be adhered to in the Deed of Assignment
  • Once you have all the necessary information, double-check that you understand the requirements before moving on to the next step.
  • Prepare the text of the Deed, ensuring that all relevant information regarding the parties, the subject matter, and the consideration is included
  • Check to make sure the language conforms with relevant laws and regulations
  • Have the Deed reviewed by a solicitor to ensure that it complies with all legal requirements
  • Once the Deed has been approved by a solicitor, have the parties sign the document
  • Once the Deed has been signed by both parties, make multiple copies and ensure each party has a copy
  • This step is complete once the Deed has been signed and each party has a copy of the document.
  • Ensure both parties sign the Deed of Assignment in the presence of two witnesses who are over the age of 18 and not parties to the Deed
  • Have both parties sign the deed in the presence of two witnesses and have the witnesses sign the deed to attest to witnessing the signature of the parties
  • Check that the parties have signed the Deed in the presence of the witnesses by noting the signatures and the dates of signature in the execution clause of the Deed
  • Once the Deed has been executed, have the parties date and keep a copy of the Deed in a secure place
  • You will know that you have completed this step when the Deed has been properly executed by the parties in the presence of two witnesses.
  • Identify all parties to the Deed and verify that their details are correct.
  • Ensure that all parties to the Deed are identified in the document and that the details of each party are accurate and up-to-date.
  • Check that the names, addresses and contact details of each party are correct.
  • Once you have verified that the parties and their details are correctly identified, you can move on to the next step.
  • Check that all parties have signed the Deed in the correct place, and that the date of signature is correct
  • Ensure that each party has signed the Deed in the presence of an independent witness
  • Check that all parties have signed the Deed with their full name and title, if applicable
  • Confirm that the date of signature is correct and that all parties have signed on the same date
  • Once you have verified that all parties have correctly signed and dated the Deed, you can proceed to the next step.
  • Ensure that the Deed is witnessed by an independent third party who is not a party to the Deed.
  • Ask the third party to sign the Deed and provide their name, address, occupation and date of signing.
  • Check that the third party has signed and dated the Deed.
  • Once the above is complete, you can check this step off your list and move on to the next step.
  • Obtain signatures from all parties on the deed of assignment, ensuring that each party signs in the presence of a witness
  • Have an independent third party witness each party’s signature
  • Ensure that all parties have a valid form of identification, such as a driver’s license or passport, available for inspection by the witness
  • Ensure that all parties sign the deed of assignment in the presence of the witness
  • Obtain the witness’ signature, confirming that all parties signed in the presence of the witness
  • You will know this step is completed once all parties have signed the deed of assignment and the witness has signed confirming they were present during the signing.
  • Obtain a copy of the executed Deed of Assignment from all parties
  • Contact the relevant state or territory office to determine whether the Deed of Assignment needs to be registered
  • If registration is required, complete the necessary forms, pay the registration fee, and submit the required documents
  • Once the Deed of Assignment is registered, the registrar will issue a certificate of registration
  • Check off this step when you have received and reviewed the certificate of registration.
  • Research the applicable laws and regulations in the relevant jurisdiction to decide if the Deed of Assignment needs to be registered
  • Consult a legal professional if unsure
  • When you have the answer, you can move on to the next step.
  • Confirm what type of Deed of Assignment requires registration with the relevant government agency or registry.
  • Research the registration procedures and the requirements you must meet in order to register the Deed of Assignment.
  • Obtain any fees or additional documents that are necessary to complete the registration process.
  • Ensure that all parties to the Deed of Assignment understand the registration process and the requirements for completing it.

You can check off this step once you have researched and confirmed the registration procedures for the Deed of Assignment.

  • Gather the necessary documents for registration, such as the Deed of Assignment, supporting documents, and the applicable fee
  • Visit the registration office to register the Deed of Assignment
  • Submit the necessary documents to the registration office
  • Pay the applicable fee
  • Obtain a copy of the registered Deed of Assignment
  • Upon completion of the above steps, you can check this off your list and move on to the next step.
  • Review and understand the nature of the rights and obligations being assigned
  • Determine if there are any restrictions or limitations in the assignment
  • Assess if any approvals are needed from third parties before the assignment is valid
  • Confirm that the assignor has the right to assign the interest being transferred
  • Check to see if the assignee has the necessary capacity to accept the assignment
  • Analyze if the assignment is subject to any applicable laws or regulations
  • Determine if any additional documentation is needed to support the assignment
  • Once you have considered all of the above, you can proceed with drafting the Deed of Assignment.
  • Check with your local taxation authority or a qualified tax professional to see if the Deed of Assignment is subject to any taxes or stamp duty.
  • Ensure that the Deed of Assignment includes any required taxes or stamp duty payments.
  • Check to see if the tax or stamp duty implications vary by jurisdiction.
  • Once you’ve considered the tax or stamp duty implications, you can move on to the next step.
  • Identify any restrictions or limitations that could affect the transfer of rights in the Deed of Assignment
  • Consider whether there are any legal restrictions that must be observed in the transfer of the rights being assigned
  • Research any relevant industry standards or regulations to ensure that the restrictions or limitations on the rights being assigned are compliant
  • Ensure that the Deed of Assignment clearly outlines the restrictions or limitations of the rights being assigned
  • When all restrictions or limitations on the rights being assigned are taken into consideration, checked for compliance and outlined in the Deed of Assignment, this step is complete.
  • Consider whether the Deed of Assignment needs to be registered with any government or public agencies.
  • Determine if any registration is required or optional.
  • Research the relevant regulations and laws to ensure that the assignments are properly recorded.
  • Check any local requirements or restrictions.
  • Once you have determined that the Deed of Assignment does or does not need to be registered, you can move on to the next step in the process.

• Read over the Deed of Assignment twice to make sure you’re accurately identifying all of the parties to the Deed. Make sure you include the full names and addresses of the assignor and assignee, as well as any other relevant parties. • Check that the legal description of the subject property is accurate. • Ensure that the consideration (the amount being exchanged for the assignment) is stated clearly and accurately. • Make sure that the names of the initial parties to the Deed are also included in the recitals. • Ensure that the recitals and the express terms of the Deed are consistent with one another. • Make sure that the Deed is signed, notarized, and delivered in accordance with state law.

Once you’ve completed the above steps, you can check off this task and move on to the next step in the guide.

  • Identify the assignor and assignee. The assignor is the party transferring their rights and the assignee is the party receiving the rights.
  • Check all of the details are correct. This includes the names, addresses and other contact information for both parties.
  • Draft the deed to ensure that the assignor and assignee are accurately identified.
  • You can check this off your list and move on to the next step once you have confirmed that the assignor and assignee have been accurately identified in the deed.
  • Ensure that all parties to the Deed have read, understood and agreed to the terms and conditions of the agreement.
  • Have all parties affix their signature to the Deed and the accompanying documents.
  • Check that all the signatures are dated and in the presence of a witness.
  • When all parties have properly executed the Deed, you can move on to the next step.
  • Ensure all parties have signed the Deed in the presence of a witness.
  • The witness must be an independent third party who is not a party to the Deed.
  • The witness must sign each page of the Deed that contains a party’s signature.
  • The witness must also include their full name, address and occupation on the Deed.
  • Once all of the above requirements are met, then you can check this off your list and move on to the next step.
  • Determine the applicable taxes or stamp duty implications for the Deed of Assignment.
  • Research any applicable taxes or stamp duty fees for the Deed of Assignment.
  • Calculate the applicable taxes or stamp duty fees for the Deed of Assignment.
  • Make sure to include the applicable taxes or stamp duty fees in the Deed of Assignment.

Once you have determined the applicable taxes or stamp duty implications for the Deed of Assignment, and included them in the Deed of Assignment, you can move on to the next step.

  • Determine the rights that you are assigning and review any applicable laws or regulations to ensure that the assignment of such rights is permitted.
  • Consider any applicable contractual restrictions or limitations on the rights being assigned, such as any applicable confidentiality obligations or restrictions on the transfer of rights.
  • Once you have determined that the assignment of the rights is permitted and there are no applicable restrictions or limitations, you can proceed to the next step of recording keeping.
  • Create a record of the Deed of Assignment, including the date it was executed, by each party
  • Maintain a copy of the Deed of Assignment in a secure place
  • Record any additional related documents, such as any security documents, release documents, or other agreements
  • When all of the above have been done, you can check this off your list and move on to the next step.
  • Obtain a physical copy of the original Deed of Assignment
  • Ensure the original Deed is signed by both parties
  • Keep the original Deed in a safe and secure place, such as a locked filing cabinet or safe
  • Make sure the document is stored in a location that is accessible to both parties
  • Ensure that the original Deed is not destroyed or tampered with in any way

You can check this off your list and move on to the next step once the original Deed of Assignment is safely stored in a secure location.

  • Scan or take a digital photo of the original Deed of Assignment and save it to a secure location.
  • Ensure that the digital copy is readable and clearly displays all of the information contained in the original document.
  • Ensure that the digital copy is stored in a secure location, preferably on a cloud-based storage system or other secure server.
  • Make sure that only authorized personnel have access to the digital copy of the Deed.
  • When finished, you will have created a digital copy of the Deed and stored it in a secure manner.
  • Read over the Deed of Assignment to ensure accuracy
  • Make sure all details are correct, and all parties are named
  • Verify that all signatures are complete and accurate
  • Make sure the date of the assignment is correct
  • Check that the document is formatted and laid out correctly
  • Once you are satisfied with the accuracy of the Deed of Assignment, you can move on to the next step.
  • Read through the entire document to make sure all the information is correct
  • Double check that the names and details of the parties involved are spelled correctly
  • Ensure that all the dates are accurate, and that any and all parties have signed the deed in the right places
  • Check that the terms and conditions in the deed are consistent with the agreement between the parties
  • When you have verified all the details, you can check this off your list and move on to the next step.
  • Check the Deed of Assignment to ensure that all required elements are present, including accurate information and signatures of all parties.
  • Verify that any and all attachments to the Deed of Assignment are included and accurate.
  • Ensure that all dates, signatures, and other pieces of information are accurate and up-to-date.
  • Once you’ve confirmed that all of the steps have been completed correctly, you can move on to the next step.
  • Seek professional advice from a lawyer or other legal professional to ensure that the deed of assignment is legally binding and enforceable.
  • Request that the legal professional checks that all steps have been completed correctly, and that the deed of assignment meets all requirements under local law.
  • Ask the legal professional to provide you with written advice on any changes or revisions that may be necessary to make the deed of assignment valid and enforceable.
  • Once the legal professional has confirmed that the deed is legally sound, you can check off this step and proceed with the next one.
  • Research legal professionals who are able to provide advice and assistance with the drafting of a deed of assignment
  • Contact the legal professionals to discuss the specific requirements and details of the deed of assignment
  • Ask the legal professionals if they are able to provide advice and assistance with the deed of assignment
  • Receive advice from the legal professionals and make changes to the deed of assignment accordingly
  • Once you are satisfied with the changes to the deed of assignment, you can move on to the next step.

Q: Does a Deed of Assignment need to be signed?

Asked by John on April 23rd 2022. A: Yes, a Deed of Assignment needs to be signed by both the assignor and the assignee in order for it to be legally binding. The signatures should be witnessed and dated, and should be in front of an independent witness who is not related to either party. It is also important to include the relevant clauses and provisions in the deed, as these will set out the rights and obligations of each party.

Q: What is the difference between an assignment and a novation?

Asked by Sarah on July 29th 2022. A: An assignment is a transfer of rights or obligations from one party to another, while a novation is a transfer of rights or obligations from one party to another with the consent of all parties involved. An assignment does not necessarily require the consent of all parties, while a novation always requires the consent of all parties. Additionally, an assignment can transfer rights or obligations without necessarily extinguishing any pre-existing agreements, while a novation extinguishes any pre-existing agreements.

Q: Is a Deed of Assignment legally binding in different jurisdictions?

Asked by Tyler on October 17th 2022. A: Yes, a Deed of Assignment can be legally binding in different jurisdictions, though the exact requirements for validity may differ from jurisdiction to jurisdiction. In general, however, a Deed of Assignment needs to be signed by both parties and witnessed by an independent third party in order for it to be legally binding. Additionally, the deed should include all relevant clauses and provisions that are applicable in each jurisdiction.

Q: Are there any tax implications when drafting a Deed of Assignment?

Asked by Emma on January 15th 2022. A: Yes, there are tax implications that need to be taken into account when drafting a Deed of Assignment. Depending on the jurisdiction and specific tax laws, there may be tax implications for both parties if they are transferring rights or obligations under the deed. It is important to seek professional tax advice before entering into any agreement that involves transferring rights or obligations between parties as this could have significant financial implications for all involved.

Q: Do I need legal advice when drafting a Deed of Assignment?

Asked by Jacob on June 5th 2022. A: While it is not necessary to seek legal advice when drafting a Deed of Assignment, it is generally recommended in order to ensure that all relevant legal requirements are satisfied and that all involved parties are aware of their rights and obligations under the deed. It is also important to make sure that all language used in the deed is clear and unambiguous so that it can easily be understood by all parties involved.

Q: How can I ensure that my Deed of Assignment is valid?

Asked by Michael on August 28th 2022. A: In order for your Deed of Assignment to be valid, it must meet certain legal requirements which vary between jurisdictions. Generally speaking, your deed should include all relevant clauses and provisions applicable in your jurisdiction as well as signatures from both parties which should be witnessed by an independent third party who is not related to either party involved. Additionally, any language used within the document should be clear and unambiguous so that it can easily be understood by all involved parties.

Q: What information do I need to provide when drafting a Deed of Assignment?

Asked by Ashley on November 10th 2022. A: When drafting a Deed of Assignment, you will need to provide information about both parties involved such as their names, addresses, contact details and any other relevant information required under applicable laws in your jurisdiction. Additionally, you will need to include any relevant clauses or provisions applicable in your jurisdiction which will set out the rights and obligations of each party under the deed as well as any other information required for the document to be legally binding.

Q: What are common mistakes made when drafting a Deed of Assignment?

Asked by Joshua on February 20th 2022. A: One common mistake made when drafting a Deed of Assignment is failing to include all relevant clauses or provisions applicable in your jurisdiction which set out the rights and obligations of each party involved in the agreement. Additionally, failing to have the document signed by both parties or witnessed by an independent third party can render the document invalid or unenforceable under applicable law in some jurisdictions. Moreover, using ambiguous language within the document can also lead to misunderstandings and disputes further down the line which could be avoided if clear language was used throughout the document instead.

Example dispute

Lawsuit referencing a deed of assignment.

  • The plaintiff may raise a lawsuit if they have been wronged by the defendant in a way that is outlined in the deed of assignment.
  • For example, the deed of assignment may outline that the defendant is responsible for paying a certain amount of money to the plaintiff, and the defendant has failed to do so.
  • The plaintiff may also raise a lawsuit if the defendant has failed to adhere to any other obligations laid out in the deed of assignment.
  • The plaintiff would need to prove that the defendant has breached the deed of assignment in order to win the lawsuit.
  • If successful, the plaintiff may be able to obtain a judgment in their favor, which may require the defendant to pay the plaintiff the money they are owed.
  • In addition, the plaintiff may be able to seek other damages, such as punitive damages, if the breach of the deed of assignment was particularly egregious.
  • Depending on the severity of the breach, the plaintiff may also be able to seek an injunction to prevent the defendant from continuing to breach the deed of assignment.
  • Settlement of the dispute may also be possible, wherein the defendant agrees to pay a certain amount of money to the plaintiff, or agrees to adhere to the obligations laid out in the deed of assignment.

Templates available (free to use)

Deed Of Assignment For Rent Deposits Occupation Lease Deed Of Assignment Of Benefit Of Claim For The Freehold Or Extended Lease House Under Section 8 Or Section 14 Deed Of Assignment Of Equitable Interest In Residential Land Deed Of Assignment Of Goodwill And Intellectual Property Rights Transfer Of A General Partnership To An Llp Deed Of Assignment Of Property Sale Benefits [Section 42 Deed Of A

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assignment deed example

Understanding a deed of assignment for intellectual property

A deed of transfer is used to change the ownership of intellectual property, a common occurrence in business. Explore how and when to use one.

Find out more about intellectual property basics

assignment deed example

by   Brette Sember, J.D.

Brette is a former attorney and has been a writer and editor for more than 25 years. She is the author of more than 4...

Read more...

Updated on: November 24, 2023 · 3 min read

Understanding intellectual property in business

How to transfer intellectual property rights in business, what to include in a deed of assignment, registering new ownership, restrictions on intellectual property transfers.

Most companies have intellectual property as part of their assets, including software, product design, or copyright to white papers. Buying or selling such property is done using a document called a deed of assignment.

Illustrations and graphics surrounding the words "Intellectual Property"

A large part of what a business consists of may be tied to intellectual property . It's easy to see physical property a company owns, such as a building, office furniture, or inventory, but intellectual property can be more challenging to identify.

Most businesses have intellectual property, or works created by human minds or, in some cases, by computers. Some examples of intellectual property include architectural drawings, ad campaigns, company or product names, inventions, and source code.

Examples of when transfers of intellectual property might happen include when a company is buying another company, when you are setting up an LLC and want to transfer your intellectual property into the company, or when a business buys product rights from another company or individual.

A deed of assignment can be done in one transaction, instead of one transaction for each item of intellectual property, by transferring all ownership rights of all intellectual property detailed in the deed. The document is signed by both the buyer and seller. No payment is required for it to be valid.

A deed of assignment must be in writing and should include:

  • The names and addresses of the assignor and assignee
  • A description of the program or product for which the rights are being transferred
  • A statement that all intellectual property rights to the property are being transferred
  • Signatures of the parties and the date of the agreement execution

The deed could also include the following sections, where applicable:

  • Consideration, or payment, to be made to the original owner.
  • Warranties, or promises that the intellectual property rights being assigned don't infringe on anyone else's intellectual property rights . For example, in a deed regarding the transfer of a copyright, this section could state that the copyrighted work is original and not owned by someone else.
  • Indemnification, or promise by the seller to reimburse the assignee if there is some problem with title to the property.
  • Future assignments. For example, the agreement could be ongoing, so that anything the assignor creates in the future for this product or program is also transferred to the buyer.

Although a deed of assignment transfers ownership in intellectual property , it does not change the registration of the ownership. The assignee is responsible for handling all registration requirements.

For example, if a patent is transferred via a deed of assignment, the new owner must record the change in ownership with the U.S. Patent and Trademark Office. Similarly, the transfer of a copyright is recorded with the U.S. Copyright Office.

Transfers of intellectual property must comply with U.S. laws. One obvious caveat is that you can't transfer property you don't own. Transfers must also comply with antitrust laws, which are set up to prevent one company from completely dominating an industry.

If intellectual property rights are being transferred overseas, the transfer must comply with Export Administration Regulations and the International Traffic in Arms Regulations , which are designed to protect national security and trade.

The deed of assignment can be a crucial part of a business deal or transaction. You can create a deed of assignment yourself, or you can work with an attorney .

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What is a Deed of Assignment and the Foolish Risk your taking for not having a Deed of Assignment for your Land

By omonilelawyer | july 15, 2017 | 42,595 | 39.

assignment deed example

A deed of Assignment is one of the most important documents YOU MUST HAVE when you conclude a Land Transaction. In fact it baffles me that 6 out of 10 people I know who have bought lands in the past have no deed of assignment . They are always the first to complain that Omonile has defrauded them but they have no proof to show the property has been sold to them other than a receipt.

It’s funny that everyone has the title documents to their car showing who the seller was and how it was transferred from the Seller of that car to you the new owner but when it comes to landed properties which are 10 times more valuable than cars, we fail to ask for this one simple important document that can prove ownership of that land. What then is this all important deed of Assignment I am alluding to? This can be found from the following definitions below:

A deed of Assignment is an Agreement between the Seller of a Land or Property and a Buyer of that Land or property showing evidence that the Seller has transferred all his rights, his title, his interest and ownership of that land to that the Seller that has just bought land.

The Deed of Assignment acts a main document between the buyer and seller to show proof of ownership in favour of the seller . The person or Seller who transfers his rights or interests in that property is usually called the Assignor and the person who receives such right or interest from the Seller is called the Assignee.

A Deed of Assignment therefore is an Agreement where an assignor states his promise that from the date of the assignment or any date stipulated therein, the assignor assigns his ownership in that Land to the assignee. The deed contains very pertinent information for a real estate transaction. For one, it spells out the date when the ownership of the property transfers from one owner to the other. The deed also gives a specific description of the property that is included in the transfer of ownership.

Signing a Deed of Assignment and having that Deed is your number 1 evidence against another person that is trying to claim ownership of that same land too. If you have a land and no deed yet, i feel sorry for you! Better consult your Lawyer to go draft one for you now to save yourself future problems

Signing a Deed of Assignment and having that Deed is your number 1 evidence against another person that is trying to claim ownership of that same land too. If you have a land and no deed yet, i feel sorry for you! Better consult your Lawyer to go draft one for you now to save yourself future problems

In most situations, when the Deed of Assignment has been exchanged between both parties, it has to be recorded in the land registry to show legal proof that the land has exchanged hands and the public should be aware of the transaction. Such recorded Deed of Assignment come in the form of either a Governor’s consent or registered conveyance.

The Deed of Assignment spells out the key issues in the transaction between the Seller and the Buyer so that there won’t be any confusion or assumption after the property has been transferred to the new owner . Such Key issues include:

1. The Parties’ to the Agreement e.g between Mr A and Mrs K
2. The addresses of both parties and how it is binding on their successors, friends, colleagues and those representing them in any capacity.
3. The history of the land in question how it was first obtained down to the moment its about to be sold including and documents it previously had till this date
4. The agreed cost of the land and the willingness of the Seller to finally accept that price paid for the land
5. The description and size of the land to be transferred.
6. The covenants or promises both parties choose to undertake to perfect the transfer of the document
7. The signature of the parties to the Assignment and Witnesses to the Transaction
8. Finally the section for the Commissioner of Oaths or Governors Consent to sign and validate the agreement.

These are the important features of a Deed of Assignment and must be included in all Documents for it to be valid. Don’t listen to any Omonile who tells you he doesn’t or the family doesn’t sign a deed of assignment and that it is only a receipt you need. He is only looking for a way to resell your land to another person and to use receipt as a ploy to prevent you from establishing true ownership of your land.

Always consult a property lawyer before you buy a land to help prepare a deed of assignment. It will be your greatest mistake if you don’t have one. Below is a sample deed of assignment and how it looks so that you don’t fall victim of land swindlers

SAMPLE DEED OF ASSIGNMENT

The Cover of the Deed of Assignment must show the parties to the transaction and the description of the land sold

The Cover of the Deed of Assignment must show the parties to the transaction and the description of the land sold

The first page of the Deed of Assignment must contain the parties to the transaction and the brief history of how the land became the Sellers property

The first page of the Deed of Assignment must contain the parties to the transaction and the brief history of how the land became the Sellers property

The third page must contain the description of the land to be sold, the surveyor that did it, the cost of the land, the acceptance of the cost of the land and the promises both parties will make to themselves to abide with after the deal has been sealed.

The third page must contain the description of the land to be sold, the surveyor that did it, the cost of the land, the acceptance of the cost of the land and the promises both parties will make to themselves to abide with after the deal has been sealed.

The last page must show the signatures of the parties and the witnesses to that transaction and finally below , the section for the commissioner of oaths to endorse or the Governor to assent his consent to this transaction

The last page must show the signatures of the parties and the witnesses to that transaction and finally below , the section for the commissioner of oaths to endorse or the Governor to assent his consent to this transaction

Always consult a property lawyer before entering a legal contract.

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39 comments.

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owolabi animashaun

how much is it to obtain governor consent of 3plots of land at okegbegun phase 2.,winner church along laspotech road ikorodu? or if there is C OF O Availiable? thanks

mm

Barr. Matthew Ottah

I need the square meters of the survey plan so that I can fathom out N estimate of what it would cost. Cheers

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I have a parcel of Land i had alredy built a 3-Bedroom Bungalow on at Magada behind MFM Prayer City. I only have a Signed Agreement from the One I bought it from. I have paid to the Omonile but yet to get a receipt from them. I have not done a survey yet. Kindly advice.

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babatunde Ogunnowo

good morning. what is the difference bewteen a deed of sublease and a deed of assignment? which is preferable 2. what are the cost implications for processing any tyeo of deed. thanks. keep up the good work

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Sir, I have plot at ogun state and for the deed of assignment, the land owners said I will pay 100K for them to get it done that there are four signatories to it. The issue now is that the said amount is too much. Pls I need your input on this. Thank You

Matthew Ottah

You need to negotiate with them to reduce the price

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Please Mr Ottah can you send your number so I can call to ask for help?

My numbers are everywhere on the site. Cheers

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sir,this deed…who is resposible to issusing it,i.e is it part of the document the omonile will give you when you have paid for the land or the buyer contracts a lawyer to draw it up after payment and takes to family(olori ebi) to sign their portions.

Your very correct sir. Both options are the right way to go about it.

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how do you know a false land

' src=

I wanted to buy a land from one of this estate, I was told the estate has a Global C of O from Ogun state government and that upon payment I will be issued a Deed of Assignment. There after I can do the survey. My questions are: 1. I was told since the Estate has Global C of O, I might not necessarily need individual C of O. 2. What other documents do I need to process apart from the survey. You sincere advice will be appreciated. Thanks

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sir, thank you very much sir for your advise, all what u said above is true even i presently find myself in dat situation, i bought just half plot of land from a family representative at abeokuta in which i only collected receipt from them without the deed of assigmnet and i started work on the land, im even through with the foundation about to start the main building. Sir, i will be very glad and happy if you can put me through on what are d next steps to take, though i have printed out all the deed of assignment you pasted up for me to rewrite and give them to sign.

Thanks you very much sir

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Hi, I bought a land from a relative of which the land have a c of o under my Anty family name, my question is; 1. Do I have to do personal c of o on my name. 2. is’t secure under my Anty family name. I need an advice, and I will be looking forward to hear back from you because I don’t know what to do before is too late…thanks!

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Good evening barrister, Pls must I first so a survey before I do a deed. We Purchased a land and we have just a receipt. Thank you

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please is it legal for a non lawyer to prepare a deed of assignment? Thanks.

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Please explain to me the difference between Deed of Assignment and Deed of Agreement. I am getting different interpretation and it is confusing. When I buy a family land, which one should I prepare for the family to sign?

They are the same thing sir and perform the same function.

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Could you please tell me the importance of that red seal in a deed? What is its significance? How important is it? Thanks

Its of no serious importance in modern day execution of documents. As long as the parties have signed or attested to the documents with their signatures or personal thumbprint, the document is as good as been executed properly. People who use it are mostly Customary Land Families to show how important their signatures are

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Giulia Devey

I have a deed of assignment which is signed but the property has an outstanding mortgage on the property. I have been paying this, however it fell into arrears and now the assignor is claiming against me for receiving adverse credit. This person did not take their name off the mortgage therefore would I be liable for her claim in court?

Yes you would because you have chosen to continue paying the outstanding mortgage. Your lawyer should have advised you on the perils of continuing the mortgage payment in your name

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Pls. must a land have C of O before Governor conscent can be acquired if purchased from the owner? What happen when the land doesnot have C of O? can the buyer seek to get C of O in place of Governors conscent

' src=

Please can a commissioner for oath of Lagos State endorse the dead while the land is situated in ogun state

' src=

Can a deed of assignment be prepared for land that does not have C of O yet but which Allocation paper or R of O is ready?

' src=

name withheld

my friend bought a property an does not know how much to pay his attorney, the attorney are asking for 500k 180, and claimed they have to bribe some people to get them to follow the deed of assignment , is it a fraud of are the lawyers just trying to be a fraudulent?? thanks and have a good day

' src=

Good day Sir, I found this site and info therein helpful. Is it possible for a the seller to issue a 2 Deed of assignment to different person on the sme land.

What is the functional different between C of O and deed of assignment

' src=

Two people bought a plot of land. The seller bought it from another person. What documents must the new buyers get? Must each survey his own portion before the agreement?

' src=

omonile lawyer, pls i have power of attorney and deed of partition for a piece of land in abuja (4 of us bought and shared the land), do i still need deed of assignment?

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Sir, I want you to send a soft copy of deed of assignment to my email. How much would it cost? [email protected]

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Good day sir. I bought a plot of land, have a signed deed of assignment. But resently, d surveyor called me that there is need to create a road at my (land) back i.e a plot will b inbetween two roads and that i should shift my pillar and the corner piece. Now, i need ur advice on what to do sir. Thanks. N.B He is d one who sold d land, measured, pegged and put d pillar.

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l can get in touch with the company l signed deed of assignment with 4 times no reply to me

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Gabriel Joseph

To be honest with you this is really helpful. Thanks

' src=

how do I submit my deed of assignment for record purpose

' src=

pls sir,I bought a land with power of attorney from estate management.Am I entitle to omonile receipt and deed of assignment?

' src=

i have a land which was purchased from the estate developers but i lost all documents to it by an act of God. what can i do

' src=

please sir, can u help us with a sample of the shedule page so that i ccan coinfirm that the schedule page of the deed of assignment for my land is made in the right form

' src=

Ola Abiodun

I bought a land in my name and wife’s name. I have now built a property on this land and all the paper works including CofO and the plan have our names both. The land and the property was solely bought and built with my money. I understand we both have claim because her name is on the documents.

What do I need to do to take her name off the the property, both the land and the building? Can you also please advise the likely cost?

I look forward to hearing from you

Leave a Comment Cancel Reply

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What is a Deed of Assignment?

What is a Deed of Assignment

Author : Administrator

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Table of Content

Who Signs the Deed of Assignment?

What is the difference between transfer and assignment, conclusion: what is a deed of assignment, and how is it useful in real life.

Did you just Google what is a deed of assignment is? Fresher law students and students pursuing a program that has no connection to any legal jargon might mistake it for an action that one deliberately performs to achieve nirvana. Yes, it is 'indeed' an action performed intentionally by a person but made legal. To be precise, it is a document of transferring property ownership. Read forth to learn more about it.

A deed is a signed legal document containing all the legal statutes, laws, and agreement clauses for transferring a property or financial assets from previous owners to a new one. Such a document is required to transfer property, tenancies, mortgages, wills, power of attorney, and a partnership agreement.

Did you know that Australia's different states and territories have distinct legislation that entails specific requirements? To execute a deed in Australia, you need to heed the state laws.

For example, suppose a person is selling their property. In that case, the new buyers and the previous owners will sign a deed that contains a detailed list of assets, liabilities and legal monetary exchange. Both parties sign a deed agreeing to the clauses of ownership transfer, and the previous owner holds no.

things to keep in mind while drafting a sale deed

Let's move on to the processes in such an agreement process. The deed has to be executed before the concerned parties can sign it; it is a legal process under which both parties discuss and agree/disagree to the clauses and conditions in the agreement and formally accept the final document. When a party formally accepts a document, they have bound the terms of the document.

A deed is considered a valid legal document only when registered under the local court law; the deed has to be notarized and delivered to the new owner. The process of signing a deed is the most important, and both parties have to be present while signing, or a pre-informed stand-in can be there.

There are over 10.6 million residences in Australia, total cost estimated at 1.8 trillion Australian dollars. - Australian Bureau of Statistics

In most cases, the original/previous owner signs the deed to transfer ownership. But in a partnership agreement or a mortgage transfer, both parties must sign the deed of agreement. A physical handwritten signature is required, and an e-generated signature is not valid.

Often, a nominee witnesses the exchange of signatures as part of the legal formalities. Generally, the nominees are not required to sign the deed, but it majorly depends on the legal requirement of the state/country. The nominee signing the document must not be related to either of the parties. A family member, an employee or the representative attorney cannot sign the deed.

Lastly, a real-estate deed takes effect when the deed is delivered to the new owner a physical or a constructive delivery, i.e. handing over the house keys or assets. Constructive delivery is not official or legal transfer, but concerned parties often do it by mutual agreement.

Learn how to acknowledge any source of information using the APA 7th style .

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Delivering a deed through electronic mediums is also a feasible option, but both parties must hand over a physical copy of the signed document to the coordinator. The legal coordinator monitors the exchange and helps in legal registration and notarisation.

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what are the various types of deeds

In the previous two sections, we discussed 'what is a deed of assignment?' and the process of signing, executing and delivering a deed. But, let me elaborate on the differences between transferring and assignment of the deed. Both these might be synonyms, yet in legal terminology, assignment means a complete transfer of property or asset ownership from one person to another. In contrast, transfer means appointing an asset or property to another person to control while the ownership belongs to the original owner.

A deed of agreement is the modernized version of a charter, which helps ownership and transfer rights used in ancient Europe.

A deed of assignment and a memorandum of transfer are two distinct documents for respective purposes. Land ownership can be assigned to a new owner through a deed, and a transfer of assets is done through signing a memorandum of transfer. Meanwhile, a licence is a legal document that doesn't permit infringement; the legal governing bodies decide if the assignment can be revoked or if a transfer is possible.

For example, a business or an insurance policy is transferred to a person when the original owner is unavailable to fulfil their duties due to ailment or sudden demise. The original owner assigns the business assets, or insurance policy returns to a new owner through their will (often after the demise) or legal transfer.

Legal transfers and assignments are among the most common and extensively exchanged legal transactions. People buy/sell properties every day, and businesses seeking to expand sign legal partnership agreements frequently. It is a very basic yet detailed legal document that many students learn about at high school and later develop their knowledge through university academia.

The most common legal implication of a deed you will ever witness is the legal battle for a property that occurs generally. Many of you must've witnessed it, or one might be currently in action within your extended family. When the property owner passes away without defining a will, then the next generation successors of a business or the potential owners of the property can challenge each other in court.

A deed of partnership is a legal agreement between two business partners when establishing a legal business partnership. It states the shared assets and liabilities, profit/loss ratio and the revenue shares to be distributed among both partners. A business deed of agreement is often signed by two collaborating businesses or when a bigger organization takes over a smaller business.

The exchange process dates back to 6000 BC in the Mesopotamian tribes, known as the barter system.

Lastly, the transfer of insurance policy also requires a deed of agreement; it is signed by the assignor (original policyholder) who wants to share the profits of an insurance policy with an assignee (family member or the new policyholder). Such agreements occur due to the sudden demise of the assignor or some specific conditions.

There are other implications of a deed of agreement, and often it is an oral agreement between two parties that they can legalize in the future. The exchange of assets has been in practice since the barter currency system. The ancient humans had fewer resources, so the chances of getting your money swindled were less, but technological advancement has resulted in various ways of getting conned. A legal document is required to legalize an agreement of assignment under the state court and secure both parties' legal rights.

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Meaning of deed of assignment in English

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Examples of deed of assignment

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Transfer of Property Legal Consultant

What is Deed of Assignment for Flat?

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A Deed of Assignment for flat is a very important document in the process of transfer of flat property ownership. This document legally transfers ownership from the assignor to the assignee. But what exactly is an assignor and assignee, and what are the important points to include in a deed of assignment?

Important Points

Meaning of Assignor and Assignee

An assignor is a person who currently owns the flat property and is transferring its ownership to another person. The assignee is the person who is receiving the flat property ownership. The deed of assignment for flat is the document that legally transfers property ownership from the assignor to the assignee.

Meaning of Deed of Assignment for flat

The Deed of Assignment for flat is a legal instrument that formalizes the transfer of flat property ownership from the Assignor (owner)  to the Assignee (purchaser). The document acts as evidence of the transfer of flat property ownership and is used to protect the rights and interests of both parties.

Some Key Points in the Deed of Assignment

When creating a deed of assignment for flat, it is important to include several key points to ensure that the transfer of flat ownership is legally binding and properly documented. Here are some examples of important points to include:

Description of the flat/property

The deed of assignment for flat should include a detailed description of the property being transferred. This can include information such as the address, size, and any unique features of the property.

Flat/Property construction details

It is also important to include information about the construction of the flat property, such as the name of the constructor and details about the plan approval, commencement and completion certificates, etc.

Information of the Society

The deed of assignment for flat should include information about the society, like, the society name, and its registration number. 

Prior transaction history of the property

The deed of assignment for flat should include information about any prior transactions that happened on the flat property. This can include information about how the existing owner has received the ownership and all the references about previous transactions.

Consideration amount and payment details

The deed of assignment for flat should include information about the consideration amount (i.e. the amount of money being paid for the property), the mode of payment, and any details about the payment schedule.

Acknowledgment of payment

The Deed of Assignment for flat should also include a clause where the Assignor gives an acknowledgment that he/she has received the agreed consideration amount from the Assignee. This will help in avoiding any disputes in the future regarding the payment made for the property. It is essential to ensure that the consideration amount has been received in full and that the Assignor has no further claims to the property.

Assurances and indemnification by the assignor

One of the most critical aspects of a Deed of Assignment for flat is the assurances and indemnification provided by the Assignor to the Assignee. The Assignor must assure the Assignee that the property being transferred is free from any encumbrances or legal issues. The Assignor’s assurance declares that the property is not subject to any liens, leases, mortgages, or other agreements that may impact the transfer of the property. Moreover, the Assignor must confirm that the property is not the subject of any court litigation, and they hold the title of the property free and clear. This assurance guarantees that the property being transferred has a clean title, and there are no legal disputes attached to it.

Assurance of no payment dues

The Assignor must assure the Assignee that there are no outstanding dues or pending payments towards any electricity charges, piped gas connection charges, Society maintenance charges, property taxes, and other charges, all taxes and dues in the respect of the property as of the date of execution of the Deed of Assignment for flat. The Assignor should further declare that in case any dues or taxes remain unpaid till the date of execution of the Deed, he/she will pay the same without any objection or dispute.

Assignor’s promise to co-operate with assignee

The assignor should promise to co-operate with the assignee in the future if any documents need to be signed or if any other actions are required to transfer ownership of the flat property. For example – cooperation for enrolling the Assignee’s name as owners of the property in all Government records, society records, Property Tax & M.S.E.B., etc. as & when be required.

Governing law in case of any dispute

The deed of assignment for flat should specify the governing law that will be used in case of any disputes between the assignor and the assignee.

Execution in the presence of witnesses

Finally, the deed of assignment for flat should be signed (executed) by both the Assignor and the Assignee in the presence of witnesses. This ensures that the transfer of ownership is legally binding.

Registration and Stamp Duty

After the Deed of Assignment for flat has been signed by both the parties (assignor and assignee), it must be registered in the sub-registration office. In Maharashtra, the stamp duty for registration is calculated based on the consideration price or the government valuation of the property, whichever is higher. This is an important step to ensure that the transfer of ownership is legally recognized and that the rights and interests of both parties are protected. Proper registration of the Deed of Assignment will also prevent any future disputes or legal complications.

The deed of assignment for flat plays a vital role in transferring the ownership of a property. The document is a legally binding agreement that protects the interests of both the Assignor and the Assignee. It is important to include the above-mentioned important points. Additionally, registering the deed of assignment in the sub-registration office and paying the applicable stamp duty is mandatory.

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Practical law uk legal update 1-202-1081  (approx. 3 pages).

  • The assignor is assigning the whole of the property demised by the lease.
  • The property is not subject to any underlease(s).
  • Where the assignee is paying a premium to the assignor or the assignor is paying a reverse premium to the assignee.
  • Where the assignee gives an express indemnity covenant in respect of the rent and other obligations under the lease and/or in relation to matters contained in title documents affecting the property.
  • Where the lease is being held over under the Landlord and Tenant Act 1954 and also where the assignor has commenced renewal proceedings.
  • Where one party is paying, or making a contribution to, the legal (and surveyors') costs of the other.
  • Considers in greater detail the various general issues affecting assignments of unregistered leases.
  • Provides guidance on the legal, and drafting and negotiating, issues raised by each clause.

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Legal Templates

Home Business Assignment Agreement

Assignment Agreement Template

Use our assignment agreement to transfer contractual obligations.

Assignment Agreement Template

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.

trademark assignment agreement template

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.

Assignment Agreement Template

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Assignment Agreement Template

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Trade Mark Assignment Agreement

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Trade Mark Assignment Agreement

A Trade Mark Assignment Agreement ("Assignment Agreement") is a legal document under which the Trade Mark owner, known as the "Assignor," assigns another person or entity to own such rights, known as the "Assignee", in exchange for an agreed payment, known as a "Consideration".

Trade Mark is a word or symbol representing a company or product. A Trade Mark can be one that is registered under the Trade Marks Act, 1999 or one that is established by continuous and prolonged use of such a word or symbol in relation to a particular company or product. For example, APPLE, GOOGLE, TATA, etc.

As per the Trade Mark Act, 1999, the Assignment of Trade Mark has to be done by execution of the assignment deed in writing. Both the registered and unregistered Trade Mark under the Act can be assigned to a third party.

An assignment Agreement is different from a License Agreement , under an Assignment Agreement, the Assignor gives away all the rights over the Trade Mark for a fixed amount or consideration and will not be entitled to use such Trade Mark or receive regular Royalty payments on it. On other hand, under the License Agreement , the owner of the Trade Mark grants permission to another person to utilize the Trade Mark in a particular manner for a limited period of time.

The Assignment Agreement can be of two types:

  • Assignment with goodwill: The Assignor transfer absolute rights and values associated with the Trade Mark to the Assignee. After entering into this Agreement, the Assignor will not be able to use any goods or services related to the Trade Mark. For example, ABC Ltd owns a Trade Mark with the wordmark "GREENGO" registered under classes 35 and 42. Under this arrangement, ABC assigns all its rights over the Trade Mark "GREENGO" in relation to Classes 35 and 42 along with any other classes registered in the future.
  • Assignment without goodwill: Under this, the Trade Mark related to particular goods or services will be assigned to the Assignee and the Assignor will retain the right to use and assign the goods or services which are not assigned to the Assignee under this Agreement. For example, XYZ Ltd owes a Trade Mark with the wordmark "ORANGE TECH" registered under classes 30 and 39. Under this arrangement, XYZ assigns the Trade Mark to the assignee only in relation to class 30 and retains the rights over class 39 and any future classes under the same name.

Restrictions on assignment of Trade Mark:

  • Restriction on assignment or transmission where multiple exclusive rights would be created . Thus, the same or similar goods or services cannot be assigned to different entities or people. If different Trade Marks are assigned, such assignments should not cause any confusion among the users of such goods or services.
  • Restriction on assignment or transmission when exclusive rights would be created in different parts of India. Thus, the Trade Mark cannot be assigned to different people on a geographical basis within the boundaries of India.

How to use this document?

This Agreement covers the following major provisions:

  • Parties: The type and details of the parties i.e. Assignor and Assignee are included under this Agreement. The Parties can be an individual, company, partnership, LLP and so on.
  • Description of Trade Mark: the details about the Trade Mark can be mentioned under this Agreement. If required, a detailed description can be mentioned under Schedule-A to the Agreement.
  • Assignment of Trade Mark : defines the assignment of Trade Mark and denotes whether the Trade Mark is assigned with or without the goodwill.
  • Consideration: It includes the method of calculation of consideration payable by the Assignee, how it will be paid to the Assignor and who will bear the cost of GST (Goods and Services Tax) payable on such transaction. This clause also includes the penalty for any late payment of Consideration by the Assignee.
  • Warranties: The warranties or promises by both the Assignor and Assignee regarding their capacity to enter into this Agreement, ownership over the Trade Mark, compliance with the terms of this Agreement and laws are included. If required, such additional warranties can be mentioned under this clause.
  • Confidentiality: Under this, both parties agree not to disclose confidential information including trade secrets, know-how, plans and so on to any third parties. If required, a separate detailed non-disclosure agreement can be signed between the parties.

Once the details are filled in, this Agreement can be printed on non-judicial stamp paper of value prescribed by the concerned state where this Agreement is executed. The Agreement has to be signed by two independent witnesses who are not a party to this Agreement and must be notarized by a notary located in the place where this Agreement has been executed.

Once the Agreement is executed and notarized, it needs to be registered with the Registrar of Trade Mark within six months.

Applicable Law?

Assignment of the Trade Mark is covered under the Trade Marks Act, 1999. Only those assignment agreements registered with the Registrar will have protection under this Act.

An Assignment Agreement is a contract and general principles of the Indian Contract Act, 1872 will be applicable.

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.

Guides to help you

  • What to do after Finishing a Contract?
  • When and how to Notarize a Document?

Other names for the document:

Trademark Assignment Agreement, Assignment of Trade Mark Agreement, Agreement to sell a trade mark, Assignment of goods trade mark, Assignment of service trade mark

Country: India

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assignment deed example

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COMMENTS

  1. Deed of Assignment

    A deed of assignment is required in many different situations, the most common of which is the transfer of ownership of a property. ... For example, a developer of a new house has to sign a deed of assignment with a buyer, stating that the house will belong to him or her on a certain date. Nevertheless, the buyer may want to sell the house to ...

  2. Deed of Assignment: Everything You Need to Know

    For example, company X allows company Y to use their trademark for specific products in a specific country for a specific period. At the same time, company X can use a Letter of Assignment to transfer a trademark to someone. In this case, it will be similar to the Deed of Assignment. Intellectual Property Sales Agreement

  3. FREE 17+ Deed of Assignment Samples in PDF

    A deed of assignment is a document that contains the details of a transaction that involves the transfer of ownership of a property from one entity to another. It works just like that of an sample agreement because a deed of assignment involves two parties in it who both need to agree to the terms and conditions of the assignment. The word ...

  4. Deed of Assignment: Everything You Need to Know

    A Deed of Assignment refers to a legal document in which an assignor states his willingness to assign the ownership of his property to the assignee. ... It is important to note that the type of parties involved determines how they will sign. Example 2 directors or a director/secretary will sign if a company is involved. In the same way, if an ...

  5. What is an Assignment of Deed & How Does it Work

    An assignment of deed is used to show the deed of a property changing from one party to another, such as when a sale is made. It is used as the written proof to show who has rightful ownership of the property. When someone is purchasing property and decides to sell it before they have paid it off, an assignment of deed form would be used to transfer the rights and everything associated with ...

  6. Deed of Assignment and Transfer of Rights [Parts and Template]

    A Deed of Assignment and Transfer of Rights is a legal document used when a person or a company who originally was a party to a contract (also known as the assignor or transferor) transfers his or its rights under the contract to another party (the assignee or transferee). Accordingly, when the Deed of Assignment and Transfer of Rights has been ...

  7. Drafting a Deed of Assignment

    For example, the deed of assignment may outline that the defendant is responsible for paying a certain amount of money to the plaintiff, and the defendant has failed to do so. The plaintiff may also raise a lawsuit if the defendant has failed to adhere to any other obligations laid out in the deed of assignment.

  8. Understanding a deed of assignment for intellectual property

    Future assignments. For example, the agreement could be ongoing, so that anything the assignor creates in the future for this product or program is also transferred to the buyer. Registering new ownership. Although a deed of assignment transfers ownership in intellectual property, it does not change the registration of the ownership. The ...

  9. Deed of Assignment

    Document Overview. An assignment involves the transferal of some or all of the contractual rights or benefits by one party (the assignor) to a third party (the assignee). For example, a contractor may assign its right to payment of a sum of money but not its obligation to perform specific tasks such as construction or accounting.

  10. PDF A Specimen of Deed of Assignment of a Patent

    Witness: Assignor Witness: Assignee/Company Note : In case the assignee is not a company the world 'assignee' will be substituted for 'company' and other suitable modifications will have to be made.

  11. SAMPLE DEED OF ASSIGNMENT

    Such recorded Deed of Assignment come in the form of either a Governor's consent or registered conveyance. The Deed of Assignment spells out the key issues in the transaction between the Seller and the Buyer so that there won't be any confusion or assumption after the property has been transferred to the new owner. Such Key issues include: 1.

  12. What Is A Deed of Assignment, Anyway?

    A Deed of Assignment is a legal document that transfers or assigns the legal rights and obligations to another party. And it varies depending on your situation. For example, an assignment could work for simple things like intellectual property. When a graphic designer creates a logo for you, you might want to make sure that logo is owned by you ...

  13. What is a Deed of Assignment? Definition and Examples

    Read forth to learn more about it. A deed is a signed legal document containing all the legal statutes, laws, and agreement clauses for transferring a property or financial assets from previous owners to a new one. Such a document is required to transfer property, tenancies, mortgages, wills, power of attorney, and a partnership agreement.

  14. PDF This Space for Recorder'S Use Assignment of Deed of Trust

    FOR VALUE RECEIVED, the undersigned hereby grants, assigns and transfers to. all beneficial interest under that certain Deed of Trust dated executed by. to and recorded as Instrument No. Recorder's office of. on. , as Trustor , Trustee , of Official Records in the County County, California. Describing land therein as (insert legal description):

  15. Deed of Assignment

    A Deed of Assignment is an instrument of transfer which is used in real estate transactions to transfer legal title or the ownership of a land or building from the title holder (called the assignor) to another called the assignee, usually for a consideration (money or money's worth). The title transfer is done in writing, signed, sealed and delivered by the parties to the transaction.

  16. Deed of Assignment

    A deed of assignment can be used by property owners to assign their beneficial interest to another party; either a legal owner or a non-legal owner. Most commonly the transfer is between husband and wife for tax purposes on a buy to let. Where a property is held as joint tenants and the parties want to assign beneficial interest, then they must ...

  17. DEED OF ASSIGNMENT definition

    deed of assignment meaning: a legal agreement to give an asset or to sell a debt to someone else: . Learn more.

  18. What is Deed of Assignment for Flat?

    A Deed of Assignment for flat is a very important document in the process of transfer of flat property ownership. This document legally transfers ownership from the assignor to the assignee. ... For example - cooperation for enrolling the Assignee's name as owners of the property in all Government records, society records, Property Tax & M ...

  19. Get Deed Of Assignment Sample

    The following tips can help you fill out Deed Of Assignment Sample quickly and easily: Open the document in the full-fledged online editing tool by clicking Get form. Fill in the requested boxes that are marked in yellow. Click the green arrow with the inscription Next to move from box to box. Use the e-signature tool to e-sign the template.

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    A new Standard document has been added: Deed of assignment. The document is accompanied by a detailed Drafting note, which provides a commentary on each clause, identifying the legal, drafting and negotiating issues for consideration by each party: Deed of assignment: drafting note.

  21. Free Assignment Agreement Template

    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 ...

  22. Trade Mark Assignment Agreement

    For example, APPLE, GOOGLE, TATA, etc. As per the Trade Mark Act, 1999, the Assignment of Trade Mark has to be done by execution of the assignment deed in writing. Both the registered and unregistered Trade Mark under the Act can be assigned to a third party. An assignment Agreement is different from a License Agreement, ...

  23. PDF No.: For: ASSIGNMENT OF PATENT Whereas, Is transferring ownership of U

    ASSIGNMENT OF PATENT Hereafter referred to as said assignee is desirous of acquiring the entire right and interest in said patent/application. Now, therefore, I the owner by these presents do sell, assign and transfer unto said assignee the entire right title and interest in aforesaid

  24. PDF Small Estates / Petition for Assignment Instructions (Mcl 700.3982)

    SMALL ESTATES / PETITION FOR ASSIGNMENT INSTRUCTIONS (MCL 700.3982) _____ Rev. 4/18/2024 2 • For autos, trucks, boats, etc. include a description and the vehicle identification number. • For real estate, list the complete legal description and parcel / tax I.D., not just the street address. • Examples of supporting documentation: statements or prospectus showing stock values, KBB