meaning of general assignment

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GENERAL ASSIGNMENT Definition & Legal Meaning

Definition & citations:.

An assignment made for the benefit of all the assignor’s creditors, instead of a few only; or one which transfers the whole of his estate to the assignee, instead of a part only. Royer Wheel Co. v. Fielding, 101 N. Y. 504. 5 N. E. 431; Halsey v. Connell, 111 Ala. 221, 20 South. 445; Mussey v. Noyes, 26 Vt. 471.

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A General Assignment of Assets to one’s Living Trust can help avoid a Probate.

                 Re-titling assets, like stock and bonds, from one’s name into one’s living trust is necessary to avoiding an unnecessary probate of such assets if held outside of the trust.   Sometimes people fail to transfer some or all of their intended trust assets into their trust.   A general assignment of assets to one’s living trust provides an important safeguard. Let’s examine what a general assignment is and how it helps to fund one’s trust and avoid a probate with the help of a Lake County probate attorney:

                A general assignment of assets transfers ownership on a wide variety of assets as the name implies.   An all encompassing general assignment is regularly used by estate planners to transfer all types of financial assets (excluding tax deferred retirement accounts) and personal property (such as the contents of one’s home) into the trust. It is a half-step towards actually re-titling the securities and the financial accounts into the name of the trustee.   Nevertheless, the settlor should still proceed to contact the banks, brokerages, and stock transfer agents (as relevant) to formally transfer legal title into the name of the trustee.   But, in the event that the formal legal title is not transferred prior to death, the general assignment can be used to obtain a court order to transfer legal title into the trust.

                In Kucker v. Kucker , (2011), 192 CA 4 th , 90, the Court of Appeal reversed a trial court decision wherein the trial court disallowed a petition to transfer stocks into a trust based on a general assignment of all assets by the settlor to the trustee.   The Court of Appeal agreed with the petitioner that a general assignment of all or substantially all of the settlor’s assets into one’s trust does cause the stocks to be owned by the trustee.   An otherwise unnecessary probate was thus avoided thanks to a general assignment by the settlor.

                Similarly, a declaration of trust by a settlor to hold certain assets listed on a schedule of pledged assets attached to a trust document can likewise be used to accomplish the same result.   Most attorneys use a schedule of initial trust assets and a general assignment to reinforce one-another.   Moreover, unlike the general assignment, the schedule of trust assets will also include the real estate – together with a full legal description — for the same reason.   That is, if a trust transfer deed is not properly executed prior to the settlor’s death, then the schedule of initial trust assets to a declaration of trust can be used to petition the court to transfer legal title into the trust without a probate.

                While the general assignment and the declaration of trust are important safeguards against the failure to formally transfer title to trust assets while the settlor is still alive and competent, such safeguards are just safeguards.   The better course of action is to see that one’s real estate, stocks and bonds, and financial accounts (and other trust assets) are properly titled in the name of the trustee of one’s trust.   After all, filing a court petition entails further expenses and delay in the administration of the trust that can be avoided.   

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A Legal Dictionary

Black’s Law Online Dictionary

What is GENERAL ASSIGNMENT

An assignment made for the benefit of all the assignor’s creditors, instead of a few only; or one which transfers the whole of his estate to the assignee, instead of a part only. Royer Wheel Co. v. Fielding, 101 N. Y. 504. 5 N. E. 431; Halsey v. Connell, 111 Ala. 221, 20 South. 445; Mussey v. Noyes, 26 Vt. 471.

Legal Dictionary

General Assignment

Legal definition and related resources of general assignment, meaning of general assignment, in the context of bankruptcy law it is any conveyance by which one intends to make an absolute and unconditional appropriation of all his property to pay his creditors, share and share alike. see davis v muler-link lumber co., c.a.5 tex., 296 f.649. in order to constitute general assignment it is not necessary that any particular form or manner should be observed so long as the person parts with the title and possession of all his property of every kind and nature for the benefit of his creditors to be disposed of in such manner as his trustee or assignee may employ . see re lehker brothers mercantile co., (d.c.kan.)216 f.963., related entries of general assignment in the encyclopedia of law project.

Browse or run a search for General Assignment in the American Encyclopedia of Law , the Asian Encyclopedia of Law , the European Encyclopedia of Law , the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law .

General Assignment in Historical Law

You might be interested in the historical meaning of this term. Browse or search for General Assignment in Historical Law in the Encyclopedia of Law .

Legal Abbreviations and Acronyms

Search for legal acronyms and/or abbreviations containing General Assignment in the Legal Abbreviations and Acronyms Dictionary .

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General Assignment Legal Definition

The voluntary transfer, by a debtor, of all property to a trustee for the benefit of all of his or her creditors..

• Assignment For The Benefit Of Creditors

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Simple English definitions for legal terms

general assignment

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A quick definition of general assignment:

A more thorough explanation:.

General assignment refers to the transfer of rights or property from one person to another. It can also refer to the instrument used to effect the transfer. Here are some examples:

• An aunt assigns funds to her niece, who invests them in mutual funds.
• A person receives a cheque in good faith and obtains a good title , even if the cheque was stolen.
• An absolute assignment leaves the assignor with no interest in the assigned property or right.
• An assignment for value is given in exchange for consideration .
• A general assignment is when a debtor assigns their property for the benefit of all their creditors, instead of just a few.
• A wage assignment is when an employee assigns a portion of their pay to a creditor.
• The assignment of various duties is the act of assigning tasks, jobs, or appointments.

These examples illustrate how general assignment can be used in different contexts, such as finance, law, and employment. It is important to understand the specific type of assignment being used and the legal implications of the transfer of rights or property.

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Assignments: The Basic Law

The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States.

As with many terms commonly used, people are familiar with the term but often are not aware or fully aware of what the terms entail. The concept of assignment of rights and obligations is one of those simple concepts with wide ranging ramifications in the contractual and business context and the law imposes severe restrictions on the validity and effect of assignment in many instances. Clear contractual provisions concerning assignments and rights should be in every document and structure created and this article will outline why such drafting is essential for the creation of appropriate and effective contracts and structures.

The reader should first read the article on Limited Liability Entities in the United States and Contracts since the information in those articles will be assumed in this article.

Basic Definitions and Concepts:

An assignment is the transfer of rights held by one party called the “assignor” to another party called the “assignee.” The legal nature of the assignment and the contractual terms of the agreement between the parties determines some additional rights and liabilities that accompany the assignment. The assignment of rights under a contract usually completely transfers the rights to the assignee to receive the benefits accruing under the contract. Ordinarily, the term assignment is limited to the transfer of rights that are intangible, like contractual rights and rights connected with property. Merchants Service Co. v. Small Claims Court , 35 Cal. 2d 109, 113-114 (Cal. 1950).

An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time. However, an assignment cannot have any adverse effect on the duties of the other party to the contract, nor can it diminish the chance of the other party receiving complete performance. The assignor normally remains liable unless there is an agreement to the contrary by the other party to the contract.

The effect of a valid assignment is to remove privity between the assignor and the obligor and create privity between the obligor and the assignee. Privity is usually defined as a direct and immediate contractual relationship. See Merchants case above.

Further, for the assignment to be effective in most jurisdictions, it must occur in the present. One does not normally assign a future right; the assignment vests immediate rights and obligations.

No specific language is required to create an assignment so long as the assignor makes clear his/her intent to assign identified contractual rights to the assignee. Since expensive litigation can erupt from ambiguous or vague language, obtaining the correct verbiage is vital. An agreement must manifest the intent to transfer rights and can either be oral or in writing and the rights assigned must be certain.

Note that an assignment of an interest is the transfer of some identifiable property, claim, or right from the assignor to the assignee. The assignment operates to transfer to the assignee all of the rights, title, or interest of the assignor in the thing assigned. A transfer of all rights, title, and interests conveys everything that the assignor owned in the thing assigned and the assignee stands in the shoes of the assignor. Knott v. McDonald’s Corp ., 985 F. Supp. 1222 (N.D. Cal. 1997)

The parties must intend to effectuate an assignment at the time of the transfer, although no particular language or procedure is necessary. As long ago as the case of National Reserve Co. v. Metropolitan Trust Co ., 17 Cal. 2d 827 (Cal. 1941), the court held that in determining what rights or interests pass under an assignment, the intention of the parties as manifested in the instrument is controlling.

The intent of the parties to an assignment is a question of fact to be derived not only from the instrument executed by the parties but also from the surrounding circumstances. When there is no writing to evidence the intention to transfer some identifiable property, claim, or right, it is necessary to scrutinize the surrounding circumstances and parties’ acts to ascertain their intentions. Strosberg v. Brauvin Realty Servs., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998)

The general rule applicable to assignments of choses in action is that an assignment, unless there is a contract to the contrary, carries with it all securities held by the assignor as collateral to the claim and all rights incidental thereto and vests in the assignee the equitable title to such collateral securities and incidental rights. An unqualified assignment of a contract or chose in action, however, with no indication of the intent of the parties, vests in the assignee the assigned contract or chose and all rights and remedies incidental thereto.

More examples: In Strosberg v. Brauvin Realty Servs ., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998), the court held that the assignee of a party to a subordination agreement is entitled to the benefits and is subject to the burdens of the agreement. In Florida E. C. R. Co. v. Eno , 99 Fla. 887 (Fla. 1930), the court held that the mere assignment of all sums due in and of itself creates no different or other liability of the owner to the assignee than that which existed from the owner to the assignor.

And note that even though an assignment vests in the assignee all rights, remedies, and contingent benefits which are incidental to the thing assigned, those which are personal to the assignor and for his sole benefit are not assigned. Rasp v. Hidden Valley Lake, Inc ., 519 N.E.2d 153, 158 (Ind. Ct. App. 1988). Thus, if the underlying agreement provides that a service can only be provided to X, X cannot assign that right to Y.

Novation Compared to Assignment:

Although the difference between a novation and an assignment may appear narrow, it is an essential one. “Novation is a act whereby one party transfers all its obligations and benefits under a contract to a third party.” In a novation, a third party successfully substitutes the original party as a party to the contract. “When a contract is novated, the other contracting party must be left in the same position he was in prior to the novation being made.”

A sublease is the transfer when a tenant retains some right of reentry onto the leased premises. However, if the tenant transfers the entire leasehold estate, retaining no right of reentry or other reversionary interest, then the transfer is an assignment. The assignor is normally also removed from liability to the landlord only if the landlord consents or allowed that right in the lease. In a sublease, the original tenant is not released from the obligations of the original lease.

Equitable Assignments:

An equitable assignment is one in which one has a future interest and is not valid at law but valid in a court of equity. In National Bank of Republic v. United Sec. Life Ins. & Trust Co. , 17 App. D.C. 112 (D.C. Cir. 1900), the court held that to constitute an equitable assignment of a chose in action, the following has to occur generally: anything said written or done, in pursuance of an agreement and for valuable consideration, or in consideration of an antecedent debt, to place a chose in action or fund out of the control of the owner, and appropriate it to or in favor of another person, amounts to an equitable assignment. Thus, an agreement, between a debtor and a creditor, that the debt shall be paid out of a specific fund going to the debtor may operate as an equitable assignment.

In Egyptian Navigation Co. v. Baker Invs. Corp. , 2008 U.S. Dist. LEXIS 30804 (S.D.N.Y. Apr. 14, 2008), the court stated that an equitable assignment occurs under English law when an assignor, with an intent to transfer his/her right to a chose in action, informs the assignee about the right so transferred.

An executory agreement or a declaration of trust are also equitable assignments if unenforceable as assignments by a court of law but enforceable by a court of equity exercising sound discretion according to the circumstances of the case. Since California combines courts of equity and courts of law, the same court would hear arguments as to whether an equitable assignment had occurred. Quite often, such relief is granted to avoid fraud or unjust enrichment.

Note that obtaining an assignment through fraudulent means invalidates the assignment. Fraud destroys the validity of everything into which it enters. It vitiates the most solemn contracts, documents, and even judgments. Walker v. Rich , 79 Cal. App. 139 (Cal. App. 1926). If an assignment is made with the fraudulent intent to delay, hinder, and defraud creditors, then it is void as fraudulent in fact. See our article on Transfers to Defraud Creditors .

But note that the motives that prompted an assignor to make the transfer will be considered as immaterial and will constitute no defense to an action by the assignee, if an assignment is considered as valid in all other respects.

Enforceability of Assignments:

Whether a right under a contract is capable of being transferred is determined by the law of the place where the contract was entered into. The validity and effect of an assignment is determined by the law of the place of assignment. The validity of an assignment of a contractual right is governed by the law of the state with the most significant relationship to the assignment and the parties.

In some jurisdictions, the traditional conflict of laws rules governing assignments has been rejected and the law of the place having the most significant contacts with the assignment applies. In Downs v. American Mut. Liability Ins. Co ., 14 N.Y.2d 266 (N.Y. 1964), a wife and her husband separated and the wife obtained a judgment of separation from the husband in New York. The judgment required the husband to pay a certain yearly sum to the wife. The husband assigned 50 percent of his future salary, wages, and earnings to the wife. The agreement authorized the employer to make such payments to the wife.

After the husband moved from New York, the wife learned that he was employed by an employer in Massachusetts. She sent the proper notice and demanded payment under the agreement. The employer refused and the wife brought an action for enforcement. The court observed that Massachusetts did not prohibit assignment of the husband’s wages. Moreover, Massachusetts law was not controlling because New York had the most significant relationship with the assignment. Therefore, the court ruled in favor of the wife.

Therefore, the validity of an assignment is determined by looking to the law of the forum with the most significant relationship to the assignment itself. To determine the applicable law of assignments, the court must look to the law of the state which is most significantly related to the principal issue before it.

Assignment of Contractual Rights:

Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value of the performance to the obligor. Restat 2d of Contracts, § 317(2)(a). This presumes that the underlying agreement is silent on the right to assign.

If the contract specifically precludes assignment, the contractual right is not assignable. Whether a contract is assignable is a matter of contractual intent and one must look to the language used by the parties to discern that intent.

In the absence of an express provision to the contrary, the rights and duties under a bilateral executory contract that does not involve personal skill, trust, or confidence may be assigned without the consent of the other party. But note that an assignment is invalid if it would materially alter the other party’s duties and responsibilities. Once an assignment is effective, the assignee stands in the shoes of the assignor and assumes all of assignor’s rights. Hence, after a valid assignment, the assignor’s right to performance is extinguished, transferred to assignee, and the assignee possesses the same rights, benefits, and remedies assignor once possessed. Robert Lamb Hart Planners & Architects v. Evergreen, Ltd. , 787 F. Supp. 753 (S.D. Ohio 1992).

On the other hand, an assignee’s right against the obligor is subject to “all of the limitations of the assignor’s right, all defenses thereto, and all set-offs and counterclaims which would have been available against the assignor had there been no assignment, provided that these defenses and set-offs are based on facts existing at the time of the assignment.” See Robert Lamb , case, above.

The power of the contract to restrict assignment is broad. Usually, contractual provisions that restrict assignment of the contract without the consent of the obligor are valid and enforceable, even when there is statutory authorization for the assignment. The restriction of the power to assign is often ineffective unless the restriction is expressly and precisely stated. Anti-assignment clauses are effective only if they contain clear, unambiguous language of prohibition. Anti-assignment clauses protect only the obligor and do not affect the transaction between the assignee and assignor.

Usually, a prohibition against the assignment of a contract does not prevent an assignment of the right to receive payments due, unless circumstances indicate the contrary. Moreover, the contracting parties cannot, by a mere non-assignment provision, prevent the effectual alienation of the right to money which becomes due under the contract.

A contract provision prohibiting or restricting an assignment may be waived, or a party may so act as to be estopped from objecting to the assignment, such as by effectively ratifying the assignment. The power to void an assignment made in violation of an anti-assignment clause may be waived either before or after the assignment. See our article on Contracts.

Noncompete Clauses and Assignments:

Of critical import to most buyers of businesses is the ability to ensure that key employees of the business being purchased cannot start a competing company. Some states strictly limit such clauses, some do allow them. California does restrict noncompete clauses, only allowing them under certain circumstances. A common question in those states that do allow them is whether such rights can be assigned to a new party, such as the buyer of the buyer.

A covenant not to compete, also called a non-competitive clause, is a formal agreement prohibiting one party from performing similar work or business within a designated area for a specified amount of time. This type of clause is generally included in contracts between employer and employee and contracts between buyer and seller of a business.

Many workers sign a covenant not to compete as part of the paperwork required for employment. It may be a separate document similar to a non-disclosure agreement, or buried within a number of other clauses in a contract. A covenant not to compete is generally legal and enforceable, although there are some exceptions and restrictions.

Whenever a company recruits skilled employees, it invests a significant amount of time and training. For example, it often takes years before a research chemist or a design engineer develops a workable knowledge of a company’s product line, including trade secrets and highly sensitive information. Once an employee gains this knowledge and experience, however, all sorts of things can happen. The employee could work for the company until retirement, accept a better offer from a competing company or start up his or her own business.

A covenant not to compete may cover a number of potential issues between employers and former employees. Many companies spend years developing a local base of customers or clients. It is important that this customer base not fall into the hands of local competitors. When an employee signs a covenant not to compete, he or she usually agrees not to use insider knowledge of the company’s customer base to disadvantage the company. The covenant not to compete often defines a broad geographical area considered off-limits to former employees, possibly tens or hundreds of miles.

Another area of concern covered by a covenant not to compete is a potential ‘brain drain’. Some high-level former employees may seek to recruit others from the same company to create new competition. Retention of employees, especially those with unique skills or proprietary knowledge, is vital for most companies, so a covenant not to compete may spell out definite restrictions on the hiring or recruiting of employees.

A covenant not to compete may also define a specific amount of time before a former employee can seek employment in a similar field. Many companies offer a substantial severance package to make sure former employees are financially solvent until the terms of the covenant not to compete have been met.

Because the use of a covenant not to compete can be controversial, a handful of states, including California, have largely banned this type of contractual language. The legal enforcement of these agreements falls on individual states, and many have sided with the employee during arbitration or litigation. A covenant not to compete must be reasonable and specific, with defined time periods and coverage areas. If the agreement gives the company too much power over former employees or is ambiguous, state courts may declare it to be overbroad and therefore unenforceable. In such case, the employee would be free to pursue any employment opportunity, including working for a direct competitor or starting up a new company of his or her own.

It has been held that an employee’s covenant not to compete is assignable where one business is transferred to another, that a merger does not constitute an assignment of a covenant not to compete, and that a covenant not to compete is enforceable by a successor to the employer where the assignment does not create an added burden of employment or other disadvantage to the employee. However, in some states such as Hawaii, it has also been held that a covenant not to compete is not assignable and under various statutes for various reasons that such covenants are not enforceable against an employee by a successor to the employer. Hawaii v. Gannett Pac. Corp. , 99 F. Supp. 2d 1241 (D. Haw. 1999)

It is vital to obtain the relevant law of the applicable state before drafting or attempting to enforce assignment rights in this particular area.

Conclusion:

In the current business world of fast changing structures, agreements, employees and projects, the ability to assign rights and obligations is essential to allow flexibility and adjustment to new situations. Conversely, the ability to hold a contracting party into the deal may be essential for the future of a party. Thus, the law of assignments and the restriction on same is a critical aspect of every agreement and every structure. This basic provision is often glanced at by the contracting parties, or scribbled into the deal at the last minute but can easily become the most vital part of the transaction.

As an example, one client of ours came into the office outraged that his co venturer on a sizable exporting agreement, who had excellent connections in Brazil, had elected to pursue another venture instead and assigned the agreement to a party unknown to our client and without the business contacts our client considered vital. When we examined the handwritten agreement our client had drafted in a restaurant in Sao Paolo, we discovered there was no restriction on assignment whatsoever…our client had not even considered that right when drafting the agreement after a full day of work.

One choses who one does business with carefully…to ensure that one’s choice remains the party on the other side of the contract, one must master the ability to negotiate proper assignment provisions.

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January 25, 2024

Funding a Trust with a General Assignment

Take-Away: Using a general assignment to fund a Trust, sometimes executed by an attorney-in-fact is often legally effective to fund the principal/settlor’s Trust, but questions can often arise using a general assignment.

Background: If the beneficiaries of a settlor’s Trust are different from the settlor’s probate estate, great care needs to be sure that the Trust is funded as the settlor intends, and while the settlor is alive, if possible. If the Trust funding document is vague or incomplete, a dispute can easily arise between the estate beneficiaries and the Trust’s beneficiaries. This potential problem becomes acute if the Trust funding is done by an agent under the settlor’s durable power of authority (does such authority exist?) and the scope of the document used to accomplish the Trust’s funding (can the asset be transferred by a general assignment?)

Example: Rex, age 86, is in the hospital facing life-endangering surgery in two days. Rex owns several bearer bonds of significant value, held in safe deposit boxes at three different Grand Rapids banks. Rex calls his attorney to the hospital. Rex explains that he wants a full estate plan, e.g., pour-over Will, Revocable Trust, durable power of attorney for financial affairs asap. Rex’s Will is to benefit charities and provide some financial bequests to several friends. Rex’s Trust is intended to benefit his children and grandchildren. This plan is expeditiously prepared by Rex’s attorney in the following 24 hours. The attorney returns to Rex’s hospital room with these documents just prior to Rex’s scheduled surgery. The named successor trustee, also in the hospital room, signs an Acceptance of Trust. Rex’s agent is given the authority under the durable power of attorney to execute general assignments and full authority to fund Rex’s Trust. There is only time enough to token-fund Rex’s Trust before Rex is rolled into the operating room. To get the bearer bonds into Rex’s Trust the agent under Rex’s durable power of attorney is asked to write on some available paper a general assignment of Rex’s assets to the trustee of Rex’s Trust. A nurse photocopies the agent’s handwritten general assignment. Copies in hand, the agent and the attorney then proceed to serve any bank employee at each of the three banks who is willing to date stamp the presented general assignment, including date and time of presentment. Rex dies from his surgery the following day. Does the Personal Representative of Rex’s probate estate challenge the agent’s handwritten general assignment that was executed the prior day? Is that general assignment valid and enforceable? Are Rex’s bearer bonds part of his probate estate or held in his Trust?

Assignments: Some courts require that an assignment be supported by legal consideration. However, gratuitous assignments have been generally enforceable for centuries. More to the point, if an agent acting under a durable power of attorney assigns assets to the principal/settlor’s Trust, the Trust’s revocability means that the settlor merely became, via the general assignment, the property’s equitable owner, as he/she had been its legal owner before. Restated, there is no re-ordering of economic interests and no gifting when the settlor’s Trust is funded. As such, re-titling general assignments to a revocable Trust are common in modern estate plans, and they seem to be ‘tolerated’ by probate courts when the question arises if the settlor’s Trust was fully funded prior to his/her death. See, Estate of Willings, 2023 WL 6994425, Oklahoma, 103. ) However, when a general assignment used to transfer property to the settlor’s revocable Trust, some questions can still arise. Examples follow:

• Adequate Identification: Sometimes the property-to-be-entrusted to the trustee is not adequately identified in the assignment. However, location can be used an acceptable identifier of fungible cash for estate planning purposes. Arguably this same general ‘reference to its location’ rule should be an acceptable identifier for bearer bonds. A reference by Rex in his general assignment to ‘all assets that I own and possess held in the safe deposit boxes located at Bank A, Bank B, and Bank C should be sufficient to transfer the contents of those three safe deposit boxes to Rex’s Trust.
• Ascertainable: The property that is subject to the general assignment should be sufficiently ascertainable. Yet often the settlor’s interest in bonds is fully vested and possessory. Or, as another example, in the Willings case cited above, the possible right to a recovery incident to a pending wrongful death action was held to be presently assignable to the Trustee.
• Notice to Debtors: Many courts do not require advance notice to debtors, e.g., bond issuers; contract obligors. While it is desirable to provide notice to an issuing life insurance company of the transfer of an existing life insurance policy to the insured’s Trust, in equity such a notice is not required for the asset’s entrustment to the trustee to be enforceable. [See, Loring and Rounds: A Trustee’s Handbook, Section 2.1.1, (2024). ]
• Notice to Banks: Often a bank will not be given notice of the assignment to the settlor’s Trust. The validity of the general assignment is not contingent upon notice to a mere custodian of assigned property.
• Missing Trustee: What if the trustee of Rex’s Trust is unavailable to accept the assets transferred to the Trust under the agent’s general assignment? In equity, a Trust must not fail for want of a Trustee. In the Rex example, had Rex’s Trust instrument not provided for a successor trustee who was ready, willing, and able to accept the assignment, it would have fallen to the probate court to find someone who would be, but effective as of the date of the assignment.

Conclusion: As a practical matter, the Michigan Trust Code, based on the Uniform Trust Code, does not provide many answers about the transfer of assets to a Trust under a general assignment. It is the law of assignments, not the law of trusts, that govern the funding of a Trust and what constitutes legally enforceable actions that are taken to fund a Trust. Of course, it is much better to use actual transfer documents like deeds, bills of sale, reregistration of investment account ownership etc. to document the settlor’s intent to transfer assets to his/her Trust. But for other assets, like cash, bearer bonds, etc., a general assignment can be a useful tool to document the settlor’s intent, effective on the date of the signed assignment.

A banker asked us: General vs specific assignments of rents and leases in Ontario

Q: What is the difference between a general assignment of rents and leases and a specific assignment of rents and leases, and when should I include them in my term sheet for a commercial real estate financing of an Ontario property?

A: In situations where a borrower owns real property in Ontario that either is or will be leased to third party tenants, a lender should consider obtaining either a general assignment of rents and leases or a specific assignment of rents and leases in addition to a mortgage on the secured property. Like a mortgage, an assignment of rents and leases should be registered against title to the subject property, and in addition, should be registered under the applicable personal property security legislation as the rents and leases that are being secured by the assignment fall within the definition of personal property under that legislation. [1]

An assignment of rents and leases, be it a general assignment of rents and leases or a specific assignment of rents and leases, provides a lender with two principal benefits which may be realized by the lender after an event of default:

• it permits the lender to receive the rent payments that the borrower/landlord would otherwise be entitled to, and this revenue stream from the tenants is a significant asset that should be secured; and,
• it permits the lender to step into the shoes of the borrower/landlord and exercise all of the rights and remedies available to the landlord to ensure that the full benefit and value of the lease is realized by the lender, which includes for example, the right to demand payment in the event of non-payment of rent by a tenant and to assign the lease to a purchaser in the event of a power of sale proceeding.

The only difference between a general assignment of rents and leases and a specific assignment of rents and leases is the revenue streams and leases to which they apply. A general assignment of rents and leases applies to all present and future rental income and leases in respect of a particular property. Once in place, a general assignment of rents and leases gives the lender a right to the rental income and the ability to exercise all of the rights of the landlord under a lease in respect of all leases of the property, including but not limited to any new leases, subleases or assignments of lease entered into after the assignment is granted and registered. In contrast to this, a specific assignment of rents and leases only applies to leases which are specifically listed in the document. In the event that any of the specifically listed leases expire or are terminated, and/or a new lease or sublease is put in place, the specific assignment of leases will not apply to this new lease or sublease and the lender will have no right to the rental income or rights resulting from the new lease or sublease.

In most lending situations, the lender will prefer a general assignment of rents and leases as it provides the most comprehensive security. The lender will have security over all rental income, and be able to exercise the rights of the landlord, regardless of who the tenants are in the future, or what leases the borrower has in place at the time of default under the terms of the loan or credit facility. However, where there is a principal or anchor tenant that represents a preponderance of the rental income, and/or the borrower objects to a general assignment of rents and leases securing all rents and leases as too broad a security interest, the lender may only be interested in securing the rental income and landlord rights associated with a specific principal or anchor lease, or a particular group of leases. In such a situation, a specific assignment of rents and leases may be a reasonable compromise position for a lender to adopt. Alternatively, in situations where multiple lenders are taking security in a particular parcel of real property, specific assignments of rents and leases allow the various lenders to divide the rental income and leases among themselves, with each lender only obtaining security in a specifically agreed upon lease or group of leases.

The above is a general overview of general and specific assignments of rents and leases. The professionals in Gowling WLG (Canada) LLP’s financial services practice group would be pleased to discuss your lending and real property security needs in greater detail, and help you chose the security documents most appropriate for your lending needs.

[1] Some financial institutions have chosen to incorporate into their Standard Charge Terms for their mortgages various provisions that serve as a general assignment of rents, and they do not register a separate general assignment of rents as a result.

NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Gowling WLG professionals will be pleased to discuss resolutions to specific legal concerns you may have.

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Assign is the act of transferring rights , property , or other benefits to another party (the assignee ) from the party who holds such benefits under contract (the assignor). This concept is used in both  contract  and property law . 

Contract Law  

Under contract law, when one party assigns a  contract , the assignment represents both: (1) an assignment of rights; and (2) a delegation of  duties . 

• For example, if A contracts with B to teach B guitar for $50, A can assign this contract to C. 
• Here, A has both: (1) assigned A’s rights under the contract to the $50; and (2) delegated A’s  duty  to teach guitar, to C. 
• In this example, A is both the “assignor” and the “delegee” who delegates  the duties to another (C), C is known as the “ obligor ” who must perform the  obligations  to the  assignee , and B is the assignee who is owed duties and is liable to the obligor.

Assigning of Rights/Duties Under Contract Law

There are a few notable rules regarding assignments under contract law. 

First, if an individual has not yet secured the contract to perform duties to another, they cannot assign their future right to an assignee. 

• That is, if A has not yet contracted with B to teach B guitar, A cannot assign their rights to C. 

Second, rights cannot be assigned when they  materially change the obligor’s duty and rights. 

Third, the obligor can sue the assignee directly if the assignee does not pay them. 

• Following the previous example, this means that C ( obligor ) can sue B ( assignee ) if C teaches guitar to B, but B does not pay C $50 in return.

Delegation of Duties

If the promised performance requires a rare genius or skill, then the delegee cannot delegate it to the obligor. It can only be delegated if the promised  performance  is more commonplace. Further, an obligee can sue if the  assignee  does not perform.  However, the delegee is  secondarily liable  unless there has been an  express   release  of the delegee. 

• Meaning if B does want C to teach guitar but C refuses to, then B can sue C. If C still refuses to perform, then B can compel A to fulfill the duties under secondary liability.

Lastly, a related concept is  novation , which is when a new obligor substitutes and releases an old obligor.  If novation occurs, then the original obligor’s duties are wiped out. Novation requires an original obligee’s  consent . 

Property Law

Under  property law , assignment typically arises in landlord-tenant situations.

• For example, A might be renting from landlord B but wants another party (C) to take over the property. 
• In this scenario, A might choose between  assigning  and  subleasing  the property to C. 
• If  assigning , A would give C the entire balance of the term , with no reversion to anyone; whereas if  subleasing , A would give C the property for a limited period of the remaining term.
• Under assignment, C would have  privity  of  estate  with the landlord while under a sublease, C would not. 

[Last updated in June of 2022 by the Wex Definitions Team ]

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Definition of assignment

task , duty , job , chore , stint , assignment mean a piece of work to be done.

task implies work imposed by a person in authority or an employer or by circumstance.

duty implies an obligation to perform or responsibility for performance.

job applies to a piece of work voluntarily performed; it may sometimes suggest difficulty or importance.

chore implies a minor routine activity necessary for maintaining a household or farm.

stint implies a carefully allotted or measured quantity of assigned work or service.

assignment implies a definite limited task assigned by one in authority.

Examples of assignment in a Sentence

These examples are programmatically compiled from various online sources to illustrate current usage of the word 'assignment.' Any opinions expressed in the examples do not represent those of Merriam-Webster or its editors. Send us feedback about these examples.

Word History

see assign entry 1

14th century, in the meaning defined at sense 1

Phrases Containing assignment

• self - assignment

Dictionary Entries Near assignment

Cite this entry.

“Assignment.” Merriam-Webster.com Dictionary , Merriam-Webster, https://www.merriam-webster.com/dictionary/assignment. Accessed 23 Aug. 2024.

Legal Definition

Legal definition of assignment, more from merriam-webster on assignment.

Nglish: Translation of assignment for Spanish Speakers

Britannica English: Translation of assignment for Arabic Speakers

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/əˈsaɪnmənt/.

Other forms: assignments

Whether you’re an international spy with a new mission or a high school student with math homework — when you get an assignment , you’d better do it! An assignment is a task that someone in authority has asked you to do.

The word assignment is just the noun form of the common verb assign , which you use when you want to give someone a duty or a job. When you assign something, that something is called an assignment . The word can also refer to the act of distributing something. If you are distributing new office furniture at work, you might say, “ Assignment of the new chairs will begin tomorrow.”

• noun an undertaking that you have been assigned to do (as by an instructor) see more see less types: show 6 types... hide 6 types... school assignment , schoolwork a school task performed by a student to satisfy the teacher writing assignment , written assignment an assignment to write something classroom project a school task requiring considerable effort classwork the part of a student's work that is done in the classroom homework , prep , preparation preparatory school work done outside school (especially at home) lesson a task assigned for individual study type of: labor , project , task , undertaking any piece of work that is undertaken or attempted
• noun a duty that you are assigned to perform (especially in the armed forces) “a hazardous assignment ” synonyms: duty assignment see more see less types: show 10 types... hide 10 types... guard , guard duty , sentry duty , sentry go the duty of serving as a sentry fatigue , fatigue duty labor of a nonmilitary kind done by soldiers (cleaning or digging or draining or so on) charge , commission , mission a special assignment that is given to a person or group reassignment assignment to a different duty sea-duty , service abroad , shipboard duty naval service aboard a ship at sea shore duty naval service at land bases fool's errand a fruitless mission mission impossible an extremely dangerous or difficult mission martyr operation , sacrifice operation , suicide mission killing or injuring others while annihilating yourself; usually accomplished with a bomb secondment the detachment of a person from their regular organization for temporary assignment elsewhere type of: duty work that you are obliged to perform for moral or legal reasons
• noun the act of putting a person into a non-elective position synonyms: appointment , designation , naming see more see less types: show 6 types... hide 6 types... nomination the act of officially naming a candidate co-optation , co-option the act of appointing summarily (with or without the appointee's consent) delegacy the appointment of a delegate ordinance , ordination the act of ordaining; the act of conferring (or receiving) holy orders recognition designation by the chair granting a person the right to speak in a deliberative body laying on of hands laying hands on a person's head to invoke spiritual blessing in Christian ordination type of: conclusion , decision , determination the act of making up your mind about something
• noun the act of distributing something to designated places or persons “the first task is the assignment of an address to each datum” synonyms: assigning see more see less types: allocation , storage allocation (computer science) the assignment of particular areas of a magnetic disk to particular data or instructions type of: distribution the act of distributing or spreading or apportioning
• noun (law) a transfer of property by deed of conveyance synonyms: grant see more see less types: apanage , appanage a grant (by a sovereign or a legislative body) of resources to maintain a dependent member of a ruling family land grant a grant of public land (as to a railway or college) type of: transferred possession , transferred property a possession whose ownership changes or lapses
• noun the instrument by which a claim or right or interest or property is transferred from one person to another see more see less type of: instrument , legal document , legal instrument , official document (law) a document that states some contractual relationship or grants some right

Vocabulary lists containing assignment

The Dawes Act, or General Allotment Act of 1887, was a law that allowed the U.S. government to take Native American tribal lands and divide them into 40 acre lots for individual Native Americans. The goal was to break up communal tribal lands and speed the assimilation of Native Americans into American society. The Dawes Act caused great suffering with much of the land winding up in the hands of white settlers.

Learn these words from the autobiography by David Lubar (Inside: Level B, Unit 4). Here are our links to the selections of "Every Body Is a Winner": The Human Machine; My Fabulous Footprint , The Beat Goes On; All Pumped Up , Two Left Feet, Two Left Hands , How Coach Told Me; Bionics Here are our links to the units of Level B: Unit 1 , Unit 2 , Unit 3 , Unit 4 , Unit 5 , Unit 6 , Unit 7 , Unit 8 Here are our links to the Inside books: Level A , Level B , Level C Here is our link to a list of academic vocabulary for Inside: Academic Vocabulary

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Assignment: Definition in Finance, How It Works, and Examples

Adam Hayes, Ph.D., CFA, is a financial writer with 15+ years Wall Street experience as a derivatives trader. Besides his extensive derivative trading expertise, Adam is an expert in economics and behavioral finance. Adam received his master's in economics from The New School for Social Research and his Ph.D. from the University of Wisconsin-Madison in sociology. He is a CFA charterholder as well as holding FINRA Series 7, 55 & 63 licenses. He currently researches and teaches economic sociology and the social studies of finance at the Hebrew University in Jerusalem.

Yarilet Perez is an experienced multimedia journalist and fact-checker with a Master of Science in Journalism. She has worked in multiple cities covering breaking news, politics, education, and more. Her expertise is in personal finance and investing, and real estate.

What Is an Assignment?

Assignment most often refers to one of two definitions in the financial world:

• The transfer of an individual's rights or property to another person or business. This concept exists in a variety of business transactions and is often spelled out contractually.
• In trading, assignment occurs when an option contract is exercised. The owner of the contract exercises the contract and assigns the option writer to an obligation to complete the requirements of the contract.

Key Takeaways

• Assignment is a transfer of rights or property from one party to another.
• Options assignments occur when option buyers exercise their rights to a position in a security.
• Other examples of assignments can be found in wages, mortgages, and leases.

Uses For Assignments

Assignment refers to the transfer of some or all property rights and obligations associated with an asset, property, contract, or other asset of value. to another entity through a written agreement.

Assignment rights happen every day in many different situations. A payee, like a utility or a merchant, assigns the right to collect payment from a written check to a bank. A merchant can assign the funds from a line of credit to a manufacturing third party that makes a product that the merchant will eventually sell. A trademark owner can transfer, sell, or give another person interest in the trademark or logo. A homeowner who sells their house assigns the deed to the new buyer.

To be effective, an assignment must involve parties with legal capacity, consideration, consent, and legality of the object.

A wage assignment is a forced payment of an obligation by automatic withholding from an employee’s pay. Courts issue wage assignments for people late with child or spousal support, taxes, loans, or other obligations. Money is automatically subtracted from a worker's paycheck without consent if they have a history of nonpayment. For example, a person delinquent on $100 monthly loan payments has a wage assignment deducting the money from their paycheck and sent to the lender. Wage assignments are helpful in paying back long-term debts.

Another instance can be found in a mortgage assignment. This is where a mortgage deed gives a lender interest in a mortgaged property in return for payments received. Lenders often sell mortgages to third parties, such as other lenders. A mortgage assignment document clarifies the assignment of contract and instructs the borrower in making future mortgage payments, and potentially modifies the mortgage terms.

A final example involves a lease assignment. This benefits a relocating tenant wanting to end a lease early or a landlord looking for rent payments to pay creditors. Once the new tenant signs the lease, taking over responsibility for rent payments and other obligations, the previous tenant is released from those responsibilities. In a separate lease assignment, a landlord agrees to pay a creditor through an assignment of rent due under rental property leases. The agreement is used to pay a mortgage lender if the landlord defaults on the loan or files for bankruptcy . Any rental income would then be paid directly to the lender.

Options Assignment

Options can be assigned when a buyer decides to exercise their right to buy (or sell) stock at a particular strike price . The corresponding seller of the option is not determined when a buyer opens an option trade, but only at the time that an option holder decides to exercise their right to buy stock. So an option seller with open positions is matched with the exercising buyer via automated lottery. The randomly selected seller is then assigned to fulfill the buyer's rights. This is known as an option assignment.

Once assigned, the writer (seller) of the option will have the obligation to sell (if a call option ) or buy (if a put option ) the designated number of shares of stock at the agreed-upon price (the strike price). For instance, if the writer sold calls they would be obligated to sell the stock, and the process is often referred to as having the stock called away . For puts, the buyer of the option sells stock (puts stock shares) to the writer in the form of a short-sold position.

Suppose a trader owns 100 call options on company ABC's stock with a strike price of $10 per share. The stock is now trading at $30 and ABC is due to pay a dividend shortly. As a result, the trader exercises the options early and receives 10,000 shares of ABC paid at $10. At the same time, the other side of the long call (the short call) is assigned the contract and must deliver the shares to the long.

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TA-GA Assignment Procedure

Chemistry (8/19/24)

The Department of Chemistry (“Chemistry”) assigns teaching assistants (TAs) three times each year. The terms under which first-year graduate students are assigned TAs are outlined in the offer letters that Chemistry sends to them upon their admission to the program, and which they must sign their acceptance thereof prior to matriculation. Chemistry typically does not appoint any graduate assistants (GAs), so no policy on GA appointment is provided herein. Assignments of research assistants (RAs) in Chemistry are controlled by the principal investigators on the grants or accounts from which those RAs are paid. A 50% TA or RA are paid $2610.44/month (AY23-24).

The majority of Ph.D. students receive a TA or RA for every semester - including the summer - for their first five years in the Ph.D. program, but this support is not guaranteed beyond the first year and is stipulated on the student being in good academic standing. Furthermore, it is common for Ph.D. students to receive RA or TA support for several years beyond their fifth year, but their priority for support is reduced compared to students within five years of matriculation. Graduate students who have been accepted into the MS program are typically not promised to receive TAs.

The following describes the procedure for assigning Chemistry TAs and RAs. All PhD students must join a Chemistry faculty members’ research group in their first year to remain in good standing. Several months before the start of each semester’s appointment, in order to meet the 45-day advance appointment deadline, the Assistant to the Head sends a form to each Chemistry faculty member requesting information on how they wish that each of their students will be supported (i.e., as TA or RA) and at what level (ideally 50%, but much less frequently at 25% or 35%). Each faculty form must be returned to the Assistant Head with TA/RA requests by a specified deadline.

The priority for assigning TAs is as follows, from highest to lowest priority:

• First-year Ph.D. students, even if not listed on a faculty form (as per their offer letters).
• Continuing Ph.D. students with less than five years in the program, if TA support isrequested by a graduate advisor BEFORE the deadline designated by the department.
• Continuing Ph.D. students with less than five years in the program if TA support isrequested by a graduate advisor AFTER the designated deadline.
• Continuing Ph.D. students with more than five years in the program who are in goodstanding, have had a committee meeting, or have a scheduled defense date. Within thisgroup, higher priority will be given to requests made BEFORE the requested deadline.
• First-year M.S. students, even if not listed on a faculty form.
• Continuing M.S. students, if TA support is requested by a graduate advisor BEFORE thedesignated deadline.
• Continuing M.S. students, if TA support is requested by a graduate advisor AFTER thedesignated deadline.
• Unaffiliated continuing students after their first year of support, including Chemistry Ph.D.students pursuing their degrees under the supervision of faculty outside of Chemistry.
• Other graduate students with no affiliation with Chemistry, but who have requested a TA.

The Department Head determines the maximum number of graduate students in a given faculty member’s group that can be assigned a TA, based upon uniform performance criteria and whether the faculty member is a pre-tenure assistant or tenured associate/full professor.

TAs are assigned to specific courses based on the schedules they provide, their prior experience and performance as TAs, and their academic expertise. For example, organic chemistry PhD students are often assigned to teach organic chemistry laboratories.

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Meaning of assignment in English

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• It was a plum assignment - more of a vacation really.
• He took this award-winning photograph while on assignment in the Middle East .
• His two-year assignment to the Mexico office starts in September .
• She first visited Norway on assignment for the winter Olympics ten years ago.
• He fell in love with the area after being there on assignment for National Geographic in the 1950s.
• act as something
• all work and no play (makes Jack a dull boy) idiom
• be at work idiom
• be in work idiom
• housekeeping
• in the line of duty idiom
• join duty idiom
• undertaking

You can also find related words, phrases, and synonyms in the topics:

assignment | Intermediate English

Assignment | business english, examples of assignment, collocations with assignment.

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in an energetic and continuous way

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South Carolina considers its energy future through state Senate committee

Dominion Energy South Carolina President Keller Kissam, left , and Duke Energy’s utility operations in South Carolina President Mike Callahan, speak before testifying before a South Carolina Senate committee planning to write a comprehensive energy bill in 2025 in Columbia, S.C., on Thursday, Aug. 22 2024. (AP Photo/Jeffrey Collins)

South Carolina Senate President Thomas Alexander, R-Walhalla, left; Senate Majority Leader Shane Massey, R-Edgefield, center; and Sen. Nikki Setlzer, D- West Columbia, right, speak before a South Carolina Senate committee planning to write a comprehensive energy bill in 2025 in Columbia, S.C., on Thursday, Aug. 22 2024. (AP Photo/Jeffrey Collins)

Santee Cooper CEO Jimmy Staton, left, Dominion Energy South Carolina President Keller Kissam, center, and Duke Energy’s utility operations in South Carolina President Mike Callahan, right, are sworn in before testifying before a South Carolina Senate committee planning to write a comprehensive energy bill in 2025. in Columbia, S.C., on Thursday, Aug. 22 2024. (AP Photo/Jeffrey Collins)

Santee Cooper CEO Jimmy Staton, left, Dominion Energy South Carolina President Keller Kissam, center, and Duke Energy’s utility operations in South Carolina President Mike Callahan, right, wait to testify before a South Carolina Senate committee planning to write a comprehensive energy bill in 2025 in Columbia, S.C., on Thursday, Aug. 22 2024. (AP Photo/Jeffrey Collins)

Duke Energy’s utility operations in South Carolina President Mike Callahan waits to testify before a South Carolina Senate committee planning to write a comprehensive energy bill in 2025 in Columbia, S.C., on Thursday, Aug. 22 2024. (AP Photo/Jeffrey Collins)

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COLUMBIA, S.C. (AP) — The South Carolina Senate on Thursday started its homework assignment of coming up with a comprehensive bill to guide energy policy in a rapidly growing state and amid a quickly changing power- generation world.

The Special Committee on South Carolina’s Energy Future plans several meetings through October. On Thursday, the committee heard from the leaders of the state’s three major utilities. Future meetings will bring in regular ratepayers, environmentalists, business leaders and experts on the latest technology to make electricity,

The Senate took this task upon itself. They put the brakes a massive 80-plus page energy overhaul bill that passed the House in March in less than six weeks, and the bill died at the end of the session.

Many senators said the process earlier this year was rushed . They remembered the last time they trusted an overhaul bill backed by utilities.

State-owned Santee Cooper and private South Carolina Electric & Gas used those rules passed 15 years ago to put ratepayers on the hook for billions of dollars spent on two new nuclear reactors that never generated a watt of power before construction was abandoned because of rising costs.

But those dire memories are being mixed with dire predictions of a state running out of power.

Unusually cold weather on Christmas Eve 2022 along with problems at a generating facility nearly led to rolling blackouts in South Carolina. Demand from advanced manufacturing and data centers is rising. If electric cars grow in popularity, more power is needed. And a state that added 1.3 million people since 2000 has a lot more air conditioners, washing machines and charges for devices, the utility leaders said.

Senators stopped Duke Energy’s president in South Carolina, Mike Callahan, in middle of his presentation after he told them his utility’s most recent predictions for growth in electricity usage over the rest of this decade were eight times more than they were just two years ago.

“Growth is here, and much more is coming. We need clear energy policy to plan for that growth,” Callahan said,

The utility leaders told senators their companies need to know what kind of sources of power — natural gas, solar, nuclear, wind or others — the state wants to emphasize. They would like to have a stable rules from regulators on how they operate.

“A quick no is a lot better to us than a long-term maybe,” Santee Cooper CEO Jimmy Staton said.

Another complicating factor are federal rules that may require utilities to shut down power plants that use coal before there are replacements with different sources online, Staton said.

Others aren’t so sure the state needs a rapid increase in power generation. Environmentalists have suggested the 2022 problems that led to blackouts were made worse because power plants were nowhere near capacity and better cooperation in the grid would allow electricity to get to where its needed easier.

Those less bullish on the overhaul also are urging the state not to lock in on one source of power over another because technology could leave South Carolina with too much power generation in inefficient ways.

There will likely be plenty of discussion of data centers that use a lot of electricity without the number of jobs, property taxes or other benefits a manufacturer provides.

Staton estimated about 70% of Santee Cooper’s increased demand is from data centers.

“We clearly need them. I don’t want to go back in time,” committee chairman Republican Senate Majority Leader Shane Massey said. “What I’m trying to get at is a better understanding, a better handle on how much of the projected growth is based on data centers or on everything else.”

Massey has been hard on Dominion Energy, which bought South Carolina Electric & Gas after the abandoned nuclear project at the V.C. Summer Nuclear Station. But Dominion Energy South Carolina President Keller Kissam said it is important that all options, including a new nuclear plant, remain on the table.

“Everybody thinks if we build anything that we’re going to absolutely repeat what we did with V.C. Summer” Kissam said. “Well, I promise you, that ain’t gonna happen. OK? I’ll pack up and leave.”

Massey said he appreciated Kissam’s candor and felt he was a straight shooter, but there are a lot of other people involved in the failed project who lied and hid problems.

“I can’t put that behind me. And I don’t think a lot of people can put that behind them,” Massey said.

Massey’s goal is to have a bill ready by the time the 2025 session starts in January.