(1) The assignation of a claim requires the execution or authentication of a document assigning the claim (an “assignation document”) by the person assigning it.
(2) The assignation document must identify the claim.
(3) But an assignation document which assigns a number of claims need not identify each claim separately provided that the document identifies the claims in terms of their constituting an identifiable class.
(4) It is competent to assign a claim which, at the time the assignation document is granted, is not held by the assignor (whether or not the claim yet exists at that time).
(5) For the purposes of subsection (2), the ways in which the claim can be identified in the assignation document include by making reference in the assignation document to another document, the terms of which are not reproduced.
(6) Nothing in this Part applies to the assignation of a claim as part of a financial collateral arrangement, within the meaning of regulation 3(1) of the Financial Collateral Arrangements (No.2) Regulations 2003 ( S.I. 2003/3226 ). Commencement Information I1 S. 1 not in force at Royal Assent, see s. 121(2)
Section 2
2. Assignation of claim subject to a condition S
(1) The assignation of a claim may be subject to a condition which must be satisfied before the claim is transferred.
(2) Any such condition must be specified in the assignation document.
(3) The condition may, for example—
(a) be the occurrence of a particular date,
(b) depend on something happening (whether or not it is certain that the thing will happen), or
(c) depend on a period of time elapsing during which something must not happen (whether or not it is certain that the thing will happen at some time).
(4) For the purposes of subsection (2) , the ways in which the condition can be specified in the assignation document include by making reference in the assignation document to another document, the terms of which are not reproduced. Commencement Information I2 S. 2 not in force at Royal Assent, see s. 121(2)
