Novation: Difference between revisions

230 bytes removed ,  9 October 2020
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Many [[service contract|service contracts]] allow service-providing parties to [[delegate]], [[sub-contract]] or otherwise [[Outsourcing|outsource]] the substantive meat and drink of what they have promised to do for their clients (alas — such is the obsession of our mildewed times, with [[rentier]] behaviour). Now that is all well and good, but the client’s [[legal eagle|juridical birds of prey]], bridling at what they (rightly) see as an inclination towards outright dereliction of duty, will insist some limits on this right to subcontract. You may only sub-contract, they will say, to your own [[affiliate|affiliates]].  
Many [[service contract|service contracts]] allow service-providing parties to [[delegate]], [[sub-contract]] or otherwise [[Outsourcing|outsource]] the substantive meat and drink of what they have promised to do for their clients (alas — such is the obsession of our mildewed times, with [[rentier]] behaviour). Now that is all well and good, but the client’s [[legal eagle|juridical birds of prey]], bridling at what they (rightly) see as an inclination towards outright dereliction of duty, will insist some limits on this right to subcontract. You may only sub-contract, they will say, to your own [[affiliate|affiliates]].  
When it comes to novations, it might make a difference how you ''describe'' those affiliates. If you say, “affiliates of the Custodian”, and the Custodian then sells its custody book to Wickliffe Hampton Securities Limited,


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*[[ISDA Novation Anatomy]]
*[[ISDA Novation Anatomy]]