Assignment of Claims (Cession Agreement): Notarial Certification in Tashkent — What You Need to Know

What Is a Cession Agreement and Why Have It Notarised?

A cession (assignment of claims) is a legal transaction in which a creditor — referred to as the assignor — transfers their right to demand performance of an obligation to a new party, the assignee. In practice, this most commonly involves the transfer of a right to collect a debt, recover a loan, or receive contractual payments. While notarial certification of a cession agreement is not always mandatory under Uzbek law, I strongly recommend it in every case: a notarially certified document is far more difficult to challenge, and in the event of litigation it carries substantial evidentiary weight.

Key points to keep in mind:

• A cession agreement is concluded in writing between the assignor and the assignee — the debtor does not sign the agreement but must be formally notified of the transfer.
• The notary verifies the lawfulness of the transaction, the legal capacity of both parties, and confirms that no contractual or statutory prohibition on assignment exists.
• If the underlying agreement (for example, a mortgage) was itself notarially certified, the cession agreement relating to it must also be executed in notarial form.
• Notarial fees and tariffs are subject to periodic revision — please verify the current rates directly with the notary at the time of your appointment.

When Is Notarial Form Mandatory?

Uzbek legislation specifies circumstances in which notarial certification of a cession agreement is a condition of its legal validity. Most importantly, this applies whenever the underlying obligation or the contract securing it was itself executed in notarial form. Additionally, the parties may voluntarily agree to use notarial form — a prudent choice when significant sums or complex legal relationships are involved.

Where the cession concerns rights arising from real estate transactions, particular attention must be paid to state registration requirements: the transfer of such rights may require a separate registration with the relevant government authority. In my experience, parties frequently overlook this step, which creates serious complications further down the line.

Step-by-Step: How Notarisation of a Cession Agreement Works

The notarisation procedure follows a clear sequence of stages.

Documents to Bring to Your Appointment

• Passports of both parties (or, where representatives act, their identity documents together with notarially certified powers of attorney)
• The original underlying agreement from which the assigned right arises
• Documents confirming the outstanding amount of the debt or the scope of the claim (reconciliation acts, calculations, correspondence)
• If either party is a legal entity: constituent documents, certificate of state registration, and a resolution of the competent corporate body authorising the transaction
• Where security interests exist (pledge, guarantee, surety): the relevant security documentation

I recommend preparing your full document package in advance and, where necessary, consulting with the notary before your appointment — this will save time and ensure the process proceeds smoothly.

Frequently Asked Questions About Cession Agreements

Does the debtor need to consent to the assignment?

As a general rule, no. It is sufficient to notify the debtor of the completed assignment. However, the underlying agreement may contain a clause requiring the debtor's consent — in that case, the assignment will be invalid without it.

Can a partial assignment of a claim be made?

Yes, a partial cession is permissible provided the right in question is divisible by its nature. The agreement must clearly specify exactly which portion of the claim is being transferred.

What happens to security interests (pledge, guarantee) upon assignment?

As a general rule, security follows the primary claim: the new creditor steps into the same security position as the former one. The precise outcome depends on the type of security and the terms of the relevant agreements.

How much does notarial certification of a cession agreement cost?

The total cost comprises the statutory notarial tariff (which depends on the transaction value and type) and the fee for legal and technical services. An accurate calculation is only possible on the date of your appointment — please verify the current figures directly with the notary.

Can a cession agreement be executed through a representative?

Yes. The representative must hold a notarially certified power of attorney that expressly grants authority to enter into this specific type of transaction.

Get in Touch for a Consultation

If you are looking to formalise an assignment of claims, I am ready to assist: I can review your documents, advise on the legal consequences of the transaction, and certify the cession agreement in accordance with current Uzbek legislation. You are welcome to visit my notarial office in the Yunusabad district of Tashkent — please contact me to arrange a convenient appointment.

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*This article is provided for general information purposes only and does not constitute individual notarial or legal advice. The legal consequences of any specific transaction depend on the particular circumstances of your matter.*