ASSIGNMENT OF RIGHTS UNDER A CONSTRUCTION INVESTMENT AGREEMENT IN UKRAINE: LEGAL ASPECTS AND KEY CONSIDERATIONS ✅ THE DOCUMENTS ✅ SERVICES

Legal grounds for receiving funds by a third party are identified
Amount, currency, payment source, and paying organization are clarified
Restrictions on transferring the right to receive funds are reviewed
Necessity of notarization is assessed
Possibility of including authority to sign receipts, revoke or extend is determined

Certification method is selected either notarial or by an authorized official
Signature authenticity and identity of the principal are verified
Notarial or official certification is performed with proper procedure
Document is registered in the appropriate registry if required
Official original is issued with all formal details

Certification method is selected either notarial or by an authorized official
Signature authenticity and identity of the principal are verified
Notarial or official certification is performed with proper procedure
Document is registered in the appropriate registry if required
Official original is issued with all formal details

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Assignment of rights under a construction investment agreement in Ukraine: legal aspects and risks

The assignment of rights (cession) under a construction investment agreement is a common legal mechanism that allows an investor to transfer their rights to a third party. While often beneficial, this process involves numerous legal nuances that require professional support. Below, we break down how the assignment works, what risks to watch for, and how to avoid common mistakes.

Legal safeguards in the assignment of construction investment rights

Assigning rights under a construction agreement is not just about signing a contract. The transaction must comply with Ukrainian law to be legally valid. Key legal requirements and risks include:

Written form of the agreement with clearly defined terms;
Developer’s consent, if required by the original agreement;
Confirmation of the assignor’s payments and obligations to date;
Proper registration in the State Register of Property Rights, if applicable;
Thorough legal due diligence of the developer and the project to ensure there are no encumbrances or litigation.
Consultant Legal Marketplace at each stage to identify and eliminate legal risks, ensuring a secure transaction.

How to execute an assignment agreement under a construction contract

The assignment process typically consists of several key steps:

Consultation and document collection: including the original agreement, payment records, technical documentation, and consents if needed;
Legal due diligence of the transaction and developer: to verify compliance and assess risks;
Drafting the assignment agreement: in full accordance with legal requirements and party interests;
Developer approval: when required by the primary agreement, a supplementary agreement or notarized consent may be necessary;
Registration and finalization: changes may be registered, and rights transferred to the new party.

Proper legal structuring protects the new investor and guarantees a legitimate transfer of rights.

Key risks of assigning construction investment rights and how to avoid them

In legal practice, the most common problem areas include:

Incomplete or inaccurate contract terms, such as lack of assignment clause or incorrect property details;
No developer consent, which could render the assignment invalid;
Outstanding debt by the assignor, transferring unexpected obligations to the new party;
Fraudulent schemes, such as double assignment of the same investment;
Missed deadlines or registration errors, potentially affecting property rights.

The Consultant team conducts a full review of all legal, financial, and documentation aspects before the deal is signed.

Why choose Consultant for legal support of construction assignment deals

Legal security of the transaction — we verify all parties, the developer, and the deal’s terms;

Tailored legal approach — every investor’s case is treated individually;

Full-service support — from initial consultation to contract registration;

Fixed service fees — transparent pricing with no hidden costs;

Efficiency — we handle all formalities promptly and in compliance with the law.

Conclusion

Assigning rights under a construction investment agreement is a legally complex yet effective solution for investors looking to transfer their position in a project. Engaging the legal experts at Consultant Legal Marketplace is the safest way to manage this process. We ensure your deal is legally sound, transparent, and secure — every step of the way.