Business

What Is an Assignor? Explore the Role of an Assignor

Written by MasterClass

Last updated: Jun 16, 2021 • 2 min read

If you’re about to transfer rights to another party or sell a contract, you may need the assistance of an assignor to ensure the process goes smoothly.

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What Is an Assignor?

An assignor or assigner is a person or organization who transfers certain rights to another party, the assignee. These rights are usually rights to a particular piece of property, such as a plot of land or intellectual property. Common examples of situations where an assignor transfers property rights to an assignee include when a person designates an executor in a will or a beneficiary in a life insurance policy, when a lender transfers a mortgage contract to a third party, or when a person transfers their lease to another person in a sublease.

What Is an Assignment?

An assignment is a legal situation in which one person (the assignor) transfers certain rights to another person (the assignee). These rights are usually for property rights, like a piece of real estate or intellectual property. Typical assignments include designations of executors in wills, transfers of loans, or sublease agreements.

The assignment of contract rights involves transferring a contract from an original party to a new party. In these situations, the assignment will include a third designation called the “obligor” or “borrower,” which is the party obligated to continue fulfilling the original contract terms. (Under contract law, after the transfer of rights, obligors have privity, or a contractual relationship, with the assignee and no longer have privity with the obligor.)

What Does an Assignor Do?

Regardless of the type of assignment, an assignor:

  • Proves ownership. Before the assignor can transfer rights to someone else, they first need to prove that they have those rights in the first place. This proof of ownership may come in the form of a deed or title (or, in the case of contractual rights, a contract). In cases of intellectual property transfer, they may demonstrate that they are the creator or have a contract showing that they received this intellectual property from someone else.
  • Sets limitations. When an assignor and an assignee begin to discuss entering into an assignment, the assignor may designate certain limitations or restrictions that they’d like to include. For example, if an assignor wants to sublease their apartment to another party, they may stipulate that the assignee retains their furniture.
  • Creates a contract. Once the assignor and assignee agree, the assignor usually draws up a contract that both parties sign (though an assignment doesn’t necessarily have to be written and can be verbal). This contract can be as informal as a letter, with no specific language necessary; when two organizations enter into an assignment, they usually use specific legal language.

What Is the Difference Between an Assignor and an Assignee?

While the mission of the assignor and assignee overlap, their roles serve different purposes. An assignor and an assignee are two parties who engage in an assignment to transfer rights from one entity to another. The assignor is the person who gives the rights away, while the assignee is the person who receives those rights.

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