Lex Mercatoria

www.lexmercatoria.org

www.jus.uio.no/lm

  toc   scroll    txt   pdf   pdf    odt    A-Z  Document Manifest   home 
<< previous TOC next >>
< ^ >

United Nations Convention on the Assignment of Receivables in International Trade, 2001

PREAMBLE

CHAPTER I - SCOPE OF APPLICATION

Article 1 - Scope of application

Article 2 - Assignment of receivables

Article 3 - Internationality

Article 4 - Exclusions and other limitations

CHAPTER II - GENERAL PROVISIONS

Article 5 - Definitions and rules of interpretation

Article 6 - Party autonomy

Article 7 - Principles of interpretation

CHAPTER III - EFFECTS OF ASSIGNMENT

Article 8 - Effectiveness of assignments

Article 9 - Contractual limitations on assignments

Article 10 - Transfer of security rights

CHAPTER IV - RIGHTS, OBLIGATIONS AND DEFENCES

Article 11 - Rights and obligations of the assignor and the assignee

Article 12 - Representations of the assignor

Article 13 - Right to notify the debtor

Article 14 - Right to payment

Article 15 - Principle of debtor protection

Article 16 - Notification of the debtor

Article 17 - Debtor's discharge by payment

Article 18 - Defences and rights of set-off of the debtor

Article 19 - Agreement not to raise defences or rights of set-off

Article 20 - Modification of the original contract

Article 21 - Recovery of payments

Article 22 - Law applicable to competing rights

Article 23 - Public policy and mandatory rules

Article 24 - Special rules on proceeds

Article 25 - Subordination

CHAPTER V - AUTONOMOUS CONFLICT-OF-LAWS RULES

Article 26 - Application of chapter V

Article 27 - Form of a contract of assignment

Article 28 - Law applicable to the mutual rights and obligations of the assignor and the assignee

Article 29 - Law applicable to the rights and obligations of the assignee and the debtor

Article 30 - Law applicable to priority

Article 31 - Mandatory rules

Article 32 - Public policy

CHAPTER VI - FINAL PROVISIONS

Article 33 - Depositary

Article 34 - Signature, ratification, acceptance, approval, accession

Article 35 - Application to territorial units

Article 36 - Location in a territorial unit

Article 37 - Applicable law in territorial units

Article 38 - Conflicts with other international agreements

Article 39 - Declaration on application of chapter V

Article 40 - Limitations relating to Governments and other public entities

Article 41 - Other exclusions

Article 42 - Application of the annex

Article 43 - Effect of declaration

Article 44 - Reservations

Article 45 - Entry into force

Article 46 - Denunciation

Article 47 - Revision and amendment

ANNEX TO THE CONVENTION

SECTION I - PRIORITY RULES BASED ON REGISTRATION

Article 1 - Priority among several assignees

Article 2 - Priority between the assignee and the insolvency administrator or creditors of the assignor

SECTION II - REGISTRATION

Article 3 - Establishment of a registration system

Article 4 - Registration

Article 5 - Registry searches

SECTION III - PRIORITY RULES BASED ON THE TIME OF THE CONTRACT OF ASSIGNMENT

Article 6 - Priority among several assignees

Article 7 - Priority between the assignee and the insolvency administrator or creditors of the assignor

Article 8 - Proof of time of contract of assignment

SECTION IV - PRIORITY RULES BASED ON THE TIME OF NOTIFICATION OF ASSIGNMENT

Article 9 - Priority among several assignees

Article 10 - Priority between the assignee and the insolvency administrator or creditors of the assignor

[Post Provisions]

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

United Nations Convention on the Assignment of Receivables in International Trade, 2001

United Nations (UN)

copy @ Lex Mercatoria

CHAPTER VI - FINAL PROVISIONS

ANNEX TO THE CONVENTION

SECTION II - REGISTRATION

Article 4 - Registration

1. Any person may register data with regard to an assignment at the registry in accordance with this annex and the regulations. As provided in the regulations, the data registered shall be the identification of the assignor and the assignee and a brief description of the assigned receivables.

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

3. A registration may be made in advance of the assignment to which it relates. The regulations will establish the procedure for the cancellation of a registration in the event that the assignment is not made.

4. Registration or its amendment is effective from the time when the data set forth in paragraph 1 of this article are available to searchers. The registering party may specify, from options set forth in the regulations, a period of effectiveness for the registration. In the absence of such a specification, a registration is effective for a period of five years.

5. Regulations will specify the manner in which registration may be renewed, amended or cancelled and regulate such other matters as are necessary for the operation of the registration system.

6. Any defect, irregularity, omission or error with regard to the identification of the assignor that would result in data registered not being found upon a search based on a proper identification of the assignor renders the registration ineffective.


  toc   scroll    txt   pdf   pdf    odt    A-Z  Document Manifest   home 
<< previous TOC next >>
< ^ >

Lex Mercatoria -->

( International Trade/Commercial Law & e-Commerce Monitor )

W3 since October 3 1993
1993 - 2010

started @The University of Tromsø, Norway, 1993
hosted by The University of Oslo, Norway, since 1998
in fellowship with The Institute of International Commercial Law,
Pace University, White Plains, New York, U.S.A.

Disclaimer!

© 

Ralph Amissah




Lex Mercatoria