Many have heard concepts such as assignor and assignee. Who is it? What are the features of their legal relationship? Learn about this in the article. 
Assignor and assignee: who is it?
First of all, it is worth noting that entities acquire such statuses quite often today. Assignee is a person accepting the legal capabilities and responsibilities of the original creditor. The need for this arises in different situations. The most popular case is the inability of the main creditor (assignor) to wait for debt repayment. In this case, gratuitously or on the basis of material compensation, the latter attracts a third-party entity. They conclude a contract. The assignee is, in other words, a new creditor.
Legislative prohibitions
There are a number of debts for which the assignee cannot be involved. It:
- Alimony.
- Obligations arising in the process of divorce.
- Reimbursement of non-pecuniary damage.
- Obligations of the company to employees during the reorganization, etc.
The essence of the transaction
The cession agreement in a simple form assumes that a third party receives the right to demand repayment of obligations from the debtor. Along with this, a new lender must comply with a number of conditions. The legislation does not establish the obligation to obtain consent from the debtor. However, lenders must notify him of the transaction. Otherwise, he will continue to pay the debt to the assignor. The debtor in this situation receives a number of legal opportunities. In particular, after receiving the appropriate notice, he may request confirmation of the concluded contract, as well as other documents necessary for him to properly fulfill the obligation. They must be provided by the assignee. This will ensure the transparency of their future relationship. 
Lender interaction
Rights of the Assignee can only be sold to the extent that they were with the previous creditor. The latter must transfer to the new participant a full package of documents related to the obligation. Among them may be:
- Sales contract.
- The act of reconciliation of settlements with the counterparty.
- Expenditure / receipt documents confirming the amount of debt.
If a new creditor appears in a credit relationship, then, respectively, confirming securities may be:
- Loan agreement.
- Bank statement, overdraft agreement.
- Payment schedule.
- Receipts of payments made.
The legislation establishes the liability of the assignor to the assignee for the accuracy of the information provided. The parties may conclude a separate agreement in which they stipulate additional conditions, as well as fix the details of the documents not included in the main contract. 
Transaction between legal entities
In the course of the economic activity of enterprises, situations often arise in which the transfer of obligations from one company to another is carried out. This necessitates the execution of an assignment agreement. As a rule, such agreements are onerous. The content of the document should indicate the reason for the assignment, the amount of debt, other essential conditions. Mandatory details of the participants in the transaction. Legislation requires notarization of a contract.
Agreement between citizens
In practice, quite often individuals have to draw up an assignment agreement. However, they are not representatives of any organizations and act independently. When concluding a contract, citizens are guided by the provisions of the Civil Code.In the agreement, the parties stipulate the conditions for the transfer of rights, indicate the amount of the debt, the deadlines for its repayment. The contract must contain the passport data of each participant. 
Assignment of claim: registration with the assignee
According to the Order of the Ministry of Finance No. 94n (dated 11/31/2000), the cost of acquired debts is accounted for in the account. 58 "Financial investments". In accordance with paragraphs 8 and 9 of PBU 19/02, they are accepted for accounting at the original price. This value is the sum of the costs actually incurred by the enterprise for the acquisition of debt. Moreover, VAT and other reimbursable payments are not taken into account, except for those provided by law. Costs actually incurred to acquire debt are generated by the new lender in accordance with the specific terms of the transaction. These include, but are not limited to, expenses relating directly to the conclusion of the contract, and other costs incurred as part of the transaction. When transferring rights 58 is debited in correspondence with sc. 76, summarizing information on settlements with different creditors and debtors. An appropriate sub-account is opened for him, on which actual costs are recorded. Upon repayment by the debtor of the obligation, transactions are reflected by the postings:
- Db sc 76, subch. "Settlements with debtors" Cd. 91.1 - amount to be recovered;
- Db sc 91.2 cd 58 - the amount of actual expenses for the acquisition of debt;
- Db sc 51 cd 76, subch. "Settlements with debtors" - the amount of actually received funds.
Subsequently, the new creditor may transfer the right to another business entity or recover the obligation on its own. In this case, regardless of the option chosen, the cost of the debt is subject to write-off from the account. 58 in dec. 91. For the credit of the last account, either the amount received from the debtor or from the new creditor is reflected (in the case of a subsequent assignment). Expenses and income arising in connection with the contract are recognized as operating expenses. The relevant provisions are present in PBU 10/99 and 9/99.
