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Assignment of Proceeds: Definition, Process, and Considerations

Last updated 03/20/2024 by

Alessandra Nicole

Edited by

Fact checked by

Summary:
An assignment of proceeds involves the transfer of funds from a letter of credit to a third-party beneficiary, providing flexibility in financial transactions. While beneficial for redirecting funds, it entails ongoing responsibilities for the original beneficiary and requires approval from the issuing financial institution.

What is an assignment of proceeds?

An assignment of proceeds refers to the process of redirecting all or part of the funds from a letter of credit to a third-party beneficiary. This transaction is commonly employed in various business scenarios to facilitate payments to suppliers, vendors, or creditors.

Understanding an assignment of proceeds

In international trade and commercial transactions, letters of credit serve as crucial financial instruments to ensure payment security. The original beneficiary of a letter of credit can opt to assign the proceeds to another party, known as an assignment of proceeds.
To initiate an assignment of proceeds, the original beneficiary must submit a request to the issuing financial institution, detailing the amount and recipient of the redirected funds. The financial institution evaluates the request and, upon approval, releases the funds to the specified third party. However, the original beneficiary remains responsible for fulfilling all obligations outlined in the letter of credit, even after assigning the proceeds.

Example of an assignment of proceeds

Consider a scenario where Company A, based in Country X, purchases goods from Company B, located in Country Y. To secure the transaction, Company B requires Company A to obtain a letter of credit from a bank. Subsequently, Company B requests an assignment of proceeds, directing a portion of the funds to Supplier C, to settle outstanding debts for raw materials.
WEIGH THE RISKS AND BENEFITS
Here is a list of the benefits and drawbacks to consider.
Pros
  • Flexibility in redirecting funds
  • Ability to assign partial proceeds
Cons
  • Original beneficiary remains responsible for obligations under the letter of credit
  • Financial institution only acts as an agent in supplying funds to the third party

Frequently asked questions

How does an assignment of proceeds impact the original beneficiary’s obligations under the letter of credit?

An assignment of proceeds does not absolve the original beneficiary of their responsibilities outlined in the letter of credit. They remain liable for fulfilling all contractual obligations, even after redirecting the funds to a third party.

Can multiple assignments of proceeds be made for the same letter of credit?

Yes, multiple assignments of proceeds can be made for the same letter of credit, allowing the original beneficiary to allocate funds to multiple third-party beneficiaries as needed. However, each assignment must be approved by the issuing financial institution.

Is an assignment of proceeds revocable?

Once executed, an assignment of proceeds is typically irrevocable, meaning it cannot be reversed without the consent of all parties involved. However, specific terms and conditions may vary based on the agreement between the parties and the issuing financial institution.

Key takeaways

  • An assignment of proceeds allows for the transfer of funds from a letter of credit to a third-party beneficiary, offering flexibility in financial transactions.
  • The original beneficiary retains responsibility for fulfilling obligations under the letter of credit, despite fund redirection.
  • Approval from the issuing financial institution is required for an assignment of proceeds to be executed.

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