The Partial Novation Agreement is a crucial legal instrument used when parties need to transfer some, but not all, obligations under an existing contract. This document type is particularly relevant in corporate restructurings, partial business transfers, or when reassigning specific contractual responsibilities. Under Maltese law, which follows civil law principles, the agreement must clearly identify the obligations being novated and those remaining unchanged, comply with the requirements of the Maltese Civil Code regarding novation and transfer of obligations, and address any EU regulatory requirements if cross-border elements exist. The document typically includes detailed provisions about the scope of novation, effective date, conditions precedent, and the respective rights and obligations of all parties involved. It's essential in situations where a complete novation isn't desired or practical, allowing for more flexible commercial arrangements while maintaining legal certainty.
Your data doesn't train Genie's AI
You keep IP ownershipΒ of your information
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
OR
Let ΊμΠΣΦ±²₯'s market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
1. Parties: Identification of the original contracting parties and the incoming party
2. Background: Details of the original agreement and the context for the partial novation
3. Definitions: Key terms including 'Original Agreement', 'Novated Obligations', 'Retained Obligations', 'Effective Date'
4. Interpretation: Rules for interpreting the agreement including references to the Original Agreement
5. Partial Novation: Core provision specifying which obligations are being novated and the mechanism of novation
6. Retained Obligations: Clear statement of obligations that remain with the original parties
7. Effective Date and Conditions Precedent: When the novation takes effect and any conditions that must be met
8. Representations and Warranties: Standard representations from all parties regarding capacity and authority
9. Release and Discharge: Release of the transferring party from novated obligations
10. Costs and Expenses: Allocation of costs related to the novation
11. Governing Law and Jurisdiction: Confirmation of Maltese law and jurisdiction
1. Consent of Other Parties: Required if the Original Agreement requires third party consents for novation
2. Security Arrangements: Required if any security interests need to be addressed or transferred
3. Tax Provisions: Include if the novation has specific tax implications that need to be addressed
4. Confidentiality: Include if additional confidentiality obligations beyond the Original Agreement are needed
5. Further Assurance: Include if parties need to take additional actions to perfect the novation
6. Partial Invalidity: Include if there are concerns about severability of provisions
7. Notices: Include if notice provisions differ from the Original Agreement
1. Original Agreement: Copy or summary of the agreement being partially novated
2. Novated Obligations: Detailed list or description of the specific obligations being novated
3. Retained Obligations: Detailed list or description of the obligations remaining with original parties
4. Required Consents: List of third party consents required and their status
5. Form of Notice: Template notices to third parties regarding the novation
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Insurance
Real Estate
Construction
Manufacturing
Technology
Telecommunications
Energy
Infrastructure
Professional Services
Healthcare
Maritime
Aviation
Relevant Teams
Legal
Finance
Compliance
Risk Management
Corporate Secretariat
Commercial Operations
Business Development
Project Management
Treasury
Operations
Relevant Roles
Legal Counsel
Corporate Lawyer
Contract Manager
Commercial Director
Chief Legal Officer
Chief Financial Officer
Risk Manager
Compliance Officer
Business Development Manager
Project Manager
Transaction Manager
Corporate Secretary
Finance Director
Operations Director
Find the exact document you need
Novation Agreement (Real Estate)
A Maltese law-governed agreement that substitutes one party for another in an existing real estate contract, transferring all associated rights and obligations.
find out more
Loan Novation Agreement
A Maltese law agreement that substitutes one lender with another in an existing loan arrangement, creating a new obligation while terminating the original one.
find out more
Lease Novation Agreement
A Maltese law-governed agreement that transfers lease rights and obligations from an existing tenant to a new tenant, with the landlord's consent.
find out more
Partial Novation Agreement
A Maltese law-governed agreement that enables the partial transfer of contractual obligations from one party to another while maintaining other obligations under the original agreement.
find out more
Novation And Amendment Agreement
A Maltese law-governed agreement that enables the transfer of contractual rights and obligations between parties while simultaneously amending the original agreement terms.
find out more
Letter Of Novation
A Maltese law-governed document that formally substitutes either a party or an obligation in an existing contract with a new one.
find out more
³±π²ΤΎ±±πβs Security Promise
Genie is the safest place to draft. Hereβs how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; ³±π²ΤΎ±±πβs AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)