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United Nations Convention on the Assignment of Receivables in International Trade, 2001
United Nations (UN)
copy @ Lex Mercatoria
1. This Convention does not apply to assignments made:
(a) To an individual for his or her personal, family or household purposes;
(b) As part of the sale or change in the ownership or legal status of the business out of which the assigned receivables arose.
2. This Convention does not apply to assignments of receivables arising under or from:
(a) Transactions on a regulated exchange;
(b) Financial contracts governed by netting agreements, except a receivable owed on the termination of all outstanding transactions;
(c) Foreign exchange transactions;
(d) Inter-bank payment systems, inter-bank payment agreements or clearance and settlement systems relating to securities or other financial assets or instruments;
(e) The transfer of security rights in, sale, loan or holding of or agreement to repurchase securities or other financial assets or instruments held with an intermediary;
(f) Bank deposits;
(g) A letter of credit or independent guarantee.
3. Nothing in this Convention affects the rights and obligations of any person under the law governing negotiable instruments.
4. Nothing in this Convention affects the rights and obligations of the assignor and the debtor under special laws governing the protection of parties to transactions made for personal, family or household purposes.
5. Nothing in this Convention:
(a) Affects the application of the law of a State in which real property is situated to either:
(i) An interest in that real property to the extent that under that law the assignment of a receivable confers such an interest; or
(ii) The priority of a right in a receivable to the extent that under that law an interest in the real property confers such a right; or
(b) Makes lawful the acquisition of an interest in real property not permitted under the law of the State in which the real property is situated.
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