assignment of lien rights

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2021 New York Laws LIE - Lien Article 2 - Mechanics' Liens 14 - Assignment of Lien.

§ 14. Assignment of lien. A lien, filed as prescribed in this article, may be assigned by a written instrument signed and acknowledged by the lienor, at any time before the discharge thereof. Such assignment shall contain the names and places of residence of the assignor and assignee, the amount of the lien and the date of filing the notice of lien, and be filed in the office where the notice of the lien assigned is filed. The facts relating to such an assignment and the names of the assignee shall be entered by the proper officer in the book where the notice of lien is entered and opposite the entry thereof. Unless such assignment is filed, the assignee need not be made a defendant in an action to foreclose a mortgage, lien or other incumbrance. A payment made by the owner of the real property subject to the lien assigned or by his agent or contractor, or by the contractor of a public corporation, to the original lienor, on account of such lien, without notice of such assignment and before the same is filed, shall be valid and of full force and effect. Except as prescribed herein, the validity of an assignment of a lien shall not be affected by a failure to file the same.

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Assignment Of Rights Agreement

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What is an assignment of rights agreement.

​​An assignment of rights agreement is a written document in which one party, the assignor, assigns to another party all or part of their rights under an existing contract. The most common example of this would be when someone wants to sell their shares of stock in a company.

When you buy shares from someone else (the seller), they agree to transfer them over and give up any control they had on that share. This way, another party can take ownership without going through the trouble of trying to buy the whole company themselves.

Common Sections in Assignment Of Rights Agreements

Below is a list of common sections included in Assignment Of Rights Agreements. These sections are linked to the below sample agreement for you to explore.

Assignment Of Rights Agreement Sample

Reference : Security Exchange Commission - Edgar Database, EX-99.(H)(7) 5 dex99h7.htm FORM OF ASSIGNMENT AGREEMENT , Viewed December 20, 2021, View Source on SEC .

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I have over 25 years' experience representing individual and company clients, large and small, in transactions such as mergers and acquisitions, private offerings of securities, commercial loans and commercial endeavors (supply contracts, manufacturing agreements, joint ventures, intellectual property licenses, etc.). My particular specialty is in complex and novel drafting.

Brianna is a well-respected New York licensed attorney with a Juris Doctorate degree in law from Touro College Jacob D. Fuchsberg Law School and bachelor’s degree in Business Administration and Management from Dowling College. Since becoming an attorney, she has practiced in various areas including business law, corporate law, residential real estate, commercial real estate, criminal law, traffic law, employment law, landlord tenant law, estate planning, and has represented intermediaries in procurement and the personal protective equipment industry. Brianna has broad and extensive business experience; She is an entrepreneur and co-owner of a microtechnology manufacturing company that was built by her and her partner, where she also served as the Chief Legal Officer and Human Resource Manager for the company. While building the manufacturing business, she created a brokerage firm for business transactions and has managed several other businesses which she has ownership interest in. Brianna’s involvement in these various businesses over the past 15 years provides a unique skillset to her clients; Not only does she understand contractual principals and obligations from a legal perspective while drafting and negotiating agreements, but she also has the foresight, experience, and ability to ensure the agreement reflects the practical aspects of the business. Based on the client’s needs and desired outcome, she has the forethought to cover different angles that would be overlooked from a legal standpoint, and as a result she is able to help prevent unforeseen business ramifications. She conducts extensive risk assessments on behalf of her clients and minimizes exposure to potential liability without “over lawyering” agreements. One of Brianna’s main areas of focus is drafting and negotiating agreements. Negotiation is a passion of hers which was applied in law school while she was a member of the Alternative Dispute Resolution Society, notably winning Touro Law School’s intraschool negotiation competition. In her more recent years, Brianna has removed herself from her various business interests to focus on her law practice. Brianna has a strong moral compass and believes in quality over quantity. She treats every client as a top priority; thus, she will not take on many cases at a time because she wants to give each client the focus and attention they deserve. She has sharp attention to detail and is a forceful advocate for every client. Brianna has broad and extensive business experience; She is an entrepreneur and co-owner of a microtechnology manufacturing company that was built by her and her partner, where she also served as the Chief Legal Officer and Human Resource Manager for the company. While building the manufacturing business, she created a brokerage firm for business transactions and has managed several other businesses which she has ownership interest in. Brianna’s involvement in these various businesses over the past 15 years provides a unique skillset to her clients; Not only does she understand contractual principals and obligations from a legal perspective while drafting and negotiating agreements, but she also has the foresight, experience, and ability to ensure the agreement reflects the practical aspects of the business. Based on the client’s needs and desired outcome, she has the forethought to cover different angles that would be overlooked from a legal standpoint, and as a result she is able to help prevent unforeseen business ramifications. She conducts extensive risk assessments on behalf of her clients and minimizes exposure to potential liability without “over lawyering” agreements. Additionally, she specializes in drafting and negotiating agreements. Negotiation is a passion of hers which was applied in law school while she was a member of the Alternative Dispute Resolution Society, notably winning Touro Law School’s intraschool negotiation competition. In her more recent years, Brianna has removed herself from her various business interests to focus on her law practice. Brianna has a strong moral compass and believes in quality over quantity. She treats every client as a top priority; thus, she will not take on many cases at a time because she wants to give each client the focus and attention they deserve. She has sharp attention to detail and is a forceful advocate for every client.

Experienced and broad based corporate/business attorney and Outside General Counsel (OGC), for start-ups, small businesses and growing companies of all sizes, advising and assisting clients with corporate and LLC formation, contracts and agreements, internet and terms of use/service agreements, trademarks and intellectual property protection, the purchase and sale of businesses (M&A), labor and employment matters, compliance and risk management, corporate governance, and commercial leasing matters. See other reviews on my website at www.ogcservices.net/reviews

I run a small law firm in Pasadena, CA. I have been practicing for almost 10 years and the other attorneys at my firm each have 12+ years of experience. We focus on business and employment law, protecting and defending business owners. While my clients are all sizes, I particularly enjoy helping smaller companies and individuals manage their legal needs without the high price tag.

I assist individuals and businesses across the state of Florida with litigation, contract drafting, contract interpretation, and issues that may arise because of contract terms, including demands (cease-and-desist letters) and litigation. I have experience with non-compete agreements, privacy policies, website terms, settlement agreements, intellectual property disputes, and many other disputes. Please reach out if I can help you with a litigation- or contract-related project!

Stephen began practicing law in 2009 working as an associate documenting construction loans for local banks. Since the beginning of his career Stephen has expanded his practice to serve individuals and companies by performing commercial and residential real estate transactions, aiding in business organization and general corporate matters. While representing businesses Stephen has supports his clients by providing counsel on leasing, business succession, stock purchase agreements, mergers and acquisitions, constructions loans, as well as contract litigation. Stephen works to ensure that all matters are handled in a timely manner and to keep open communication with his clients.

Christopher J.

Experienced attorney focusing on estate planning, probate administration, business formation and counseling, and consumer bankruptcy.

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Assignment of Bond Claim Rights – Can You Contract Around Bond Limitations?

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The general American rule is that all contractual rights are assign-able provided none of the following conditions are met: 1) the contract has clear language explicitly prohibiting assignment; 2) the assignment would substantially and materially change the obligor’s duty and/or materially effect an insurer’s burden or risk; 3) the assignment would materially reduce the contract’s value; or 4) the assignment is forbidden by statute or public policy.

Many surety bonds, similar to insurance policies, have language purporting to expressly forbid the assignment of rights. Courts, however, may or may not accept the contractual language as prohibiting all assignments, despite the language attempting to do so. In an Ohio case, the court allowed an assignment of rights under a performance bond, but tailored the opinion fairly narrowly. In that case, the court noted that” the policies supporting contractual freedom to limit assignment do not apply when the obligee is assigning only a cause of action and does not itself owe performance of any duties”. That is, the right to proceed against the bond is assignable, but only when the obligee (assignor) has taken all of the steps necessary to give rise to the duty of the surety to perform according to the terms of the bond itself. How this applies to rights to proceed against a payment bond is debatable, but may provide some guidance.

Even after this has been accomplished, however, there is still the question of what exactly is assigned. It is a clear rule that a party can assign only their own rights and/or duties. That is, an assignment of rights under a contract cannot create “new” rights not present in the contract itself, it merely shifts those rights to a different party. Therefore, when the right to recover from a bond is the assignment at issue, there can be some interesting problems.

The right to make a claim against the bond on a project is, among other technical requirements, conditioned upon the fact that the party making the claim has not been paid. Which, when you think about it, is clear. If the party gets paid, there is no need to seek payment from the bond in the first place. So, in order for a non-protected party to recover from the bond if the bond claim is assignable, does that mean that what is being assigned is the “position in the project” rather than the right to make a claim itself? For example take a supplier(B) to a supplier(A) on a Miller Act project. Supplier(A) has a right to make a claim against the bond if unpaid for the materials provided. That right is conditioned upon 1) the supplying of those materials; and 2) not being paid. Therefore, if supplier(A) is paid, he no longer has any rights against the bond to assign, and if he isn’t paid it will be much more unlikely that he will want to assign his rights to supplier(B).

Sample Assignment Available: Here

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Balance of Interests as a Principle of Civil Law: Some Aspects of Legal Consciousness

• Yury Alexandrovich SVIRIN Department Civil Procedural Law and Bailiff Organization Department, All-Russian State University of Justice, Moscow, Russian Federation
• Vladimir Viktorovich KULAKOV Department of Civil Law, Russian State University of Justice, Moscow, Russia Federation
• Alexandr Anatolievich MOKHOV Kutafin Moscow State Law University, Moscov, Russian Federation
• Sergej Nikolaevich SHESTOV Institute of Economics and Law, Academy of Labor and Social Relations, Sevastopol, Russian Federation
• Vladislav Petrovich SOROKIN Department of Civil Law and Process Ows, Academy of Labour and Social Relations, Moscow, Russian Federation

The research considers the category of reasonable balance of interests in the context of civil relations. The authors of the article highlight the need to restrict permissibility as a method of civil regulation aimed at protecting the rights and interests of the weaker party in some legal relations. A reasonable balance of interests is ensured by laws and agreements, whose conditions become the subject of a judicial dispute in the absence of a mandatory rule. The authors have analyzed judicial acts conditioned by the need to maintain a reasonable balance of interests. As a result, they have determined that the first condition for applying the fair balance principle is the equivalence of counter-performance in the absence of both excessive benefits and excessive losses for the parties. The second condition is the party-related division in some civil relations. The authors have concluded that the risks of negative consequences should not be borne only by the weaker party if the latter could not reasonably foresee the consequences upon concluding the relevant agreement. Methods. The study is based on the comparative analysis of the Russian scientific doctrine and judicial practice. The main approach to the analysis of the legal tools in question is the method of system analysis. In addition, the authors used the structural-functional method and general scientific methods of cognition. The study aims at determining the principle of a reasonable balance of interests in civil law, its essence, necessity and expediency in the system of law enforcement. The authors aim to define conditions for applying legal norms to achieve a reasonable balance of interests among all parties in disputed legal relations. Results. The study results let the authors claim that the risks of negative consequences should not be borne only by the weaker party if it could not reasonably foresee such consequences upon concluding the agreement and the imbalance of interests among parties in civil-legal relations is caused by the violation by one or another party of the principles of fair practice and reasonableness . Although a reasonable balance of interests is a counterweight to the principles of contractual freedom and free will, courts should apply it to ensure the right of justice.

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