Commentary

9.2 Use of ‘successors and assigns’ in UK, USA

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

9.2 Use of ‘successors and assigns’ in UK, USA

| Commentary

9.2 Use of ‘successors and assigns’ in UK, USA

Where a contracting party is a company, references to its successors and assigns are relatively rare in commercial contracts drafted by English lawyers. They are far more common in contacts which originate from the United States, perhaps because mergers are more often structured in a way which creates a genuine ‘successor in title’ to the merged company. Nevertheless, such provisions can sometimes be useful in a United Kingdom context, either as:

  1. (a)

        as part of the parties clause:

    ‘(1)    XYZ LIMITED whose registered office is at 1 the White House, Pall Mall,

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