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Notice Of Assignment Of Accounts Receivable for Malaysia

Notice Of Assignment Of Accounts Receivable Template for Malaysia

A Notice of Assignment of Accounts Receivable is a formal document used in Malaysia to inform debtors that the right to receive payment has been transferred from the original creditor (assignor) to a new creditor (assignee). This document is crucial in receivables financing transactions and must comply with Malaysian law, particularly the Contracts Act 1950 and relevant commercial regulations. It serves as official notification to the debtor that future payments should be made directly to the assignee and typically includes detailed payment instructions, description of the assigned receivables, and requires acknowledgment from the debtor to ensure enforceability.

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What is a Notice Of Assignment Of Accounts Receivable?

The Notice of Assignment of Accounts Receivable is a critical document in Malaysian commercial practice, commonly used in factoring, receivables financing, and other financial arrangements where receivables are transferred between parties. This notice is required to perfect the assignment and ensure its enforceability under Malaysian law, particularly under the Contracts Act 1950. It is typically issued when a business sells or assigns its accounts receivable to a financial institution or another party for immediate funding, debt security, or as part of a larger financing arrangement. The notice must contain specific elements to be legally effective, including clear identification of the assigned receivables, parties involved, and new payment instructions. It serves multiple purposes: legally notifying the debtor, protecting the assignee's interests, and establishing clear payment protocols. This document is particularly important in Malaysia's business environment where receivables financing is a common practice for maintaining business cash flow and securing funding.

What sections should be included in a Notice Of Assignment Of Accounts Receivable?

1. Date and Address Block: Current date and full address details of the debtor

2. Reference Line: Reference to relevant contract(s) or invoice numbers relating to the accounts receivable

3. Notice Declaration: Clear statement that this is a formal notice of assignment of accounts receivable

4. Assignment Details: Specific details of the assignment agreement including date and parties involved

5. Description of Assigned Receivables: Clear identification of the specific receivables being assigned

6. Payment Instructions: New payment details and instructions for future payments

7. Effective Date: Clear statement of when the assignment takes effect

8. Acknowledgment Request: Request for acknowledgment of the notice by the debtor

9. Signature Blocks: Signature sections for both assignor and assignee

What sections are optional to include in a Notice Of Assignment Of Accounts Receivable?

1. Consent Requirements: Include when the original contract requires debtor's consent for assignment

2. No Set-Off Declaration: Include when there's a need to prevent the debtor from setting off claims against the assignor

3. Existing Disputes: Include when there are ongoing disputes that need to be addressed

4. Multiple Debtor Coordination: Include when there are multiple debtors who need to coordinate payments

5. Confidentiality Statement: Include when the assignment involves sensitive commercial information

What schedules should be included in a Notice Of Assignment Of Accounts Receivable?

1. Schedule A - Details of Assigned Receivables: Detailed list of all assigned receivables including invoice numbers, amounts, and due dates

2. Schedule B - Copy of Assignment Agreement: Copy or extract of the relevant assignment agreement (may be redacted if containing sensitive information)

3. Schedule C - New Payment Instructions: Detailed banking and payment processing instructions

4. Schedule D - Required Acknowledgment Form: Form for debtor to formally acknowledge the assignment notice

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Malaysia

Document Type

Account Agreement

Sector

Banking

Cost

Free to use

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