Geography Department Penn State
Timing : See Canvas Calendar Target Word Count : 1800-3000 words (this is just a target to provide a general idea on level of detail) Total Points: 70 points - see rubric for details
Assignment #7 will also be completed as a team assignment. Teams for Assignment #7 will be the same as those assigned for Assignment #6 . At the beginning of or prior to Week 8, the team should assign a different team leader to coordinate the team's work on Assignment #7. This Assignment follows work that you have already carried out in planning and preparing for the City of Metropolis Geodatabase Development Project in past assignments. Assignment #7 is to identify project risks, prepare a risk probability matrix, and carry out an analysis of selected risks and risk responses (one for each team member). As described in Assignment #6, you may use any appropriate communication and group collaboration tools to support your work on this Assignment.
Your team represents the City’s contractor selected by the City to carry out the City of Metropolis Geodatabase Design and Development Project. Your company's senior management and the City's Project Manager have requested that you prepare a risk management plan that identifies potential risks and identifies risk management strategies. From the course content and readings, you know that the overall purpose of risk planning is to anticipate possible risk events and be ready to take appropriate action when risk events occur—to eliminate or reduce negative impacts on the project.
You may wish to begin this exercise with a brainstorming session about potential risks to get candidate risks “on the table” for consideration by the team, and then identify and refine that wording for risks that have some realistic chance of occurring in this project. For example, potential weather problems present a real obstacle to completing field data collection by the planned completion date. It is also an issue that the project manager will ultimately have to plan for, as opposed to other issues that may more align with company policy, such as employee retention policies. Also, a major disaster (e.g., your office burning down), is not a high-enough probability event that requires much time in planning. As described below, you will select several of the identified risks and carry out a risk analysis.
Your team will use the distilled list of risks to make a risk matrix (see Figure 8-1 for an example). The matrix will have at least three classes (high/medium/low) for probability and impact, but you may include more classes if you like. All team members should contribute to identifying risks and organizing them into the matrix. Remember that it is important to name risks effectively—use words that describe the risk event and point to the impact on the project (e.g., “injury of field technician disrupts data collection work”) After completion of the risk matrix, each team member should then select one of the identified risks which the team finds critical to the project. The team members will carry out and document a risk analysis for their selected risk.
In summary, the Risk Management Plan you submit should cover the following main parts:
*The risk name should be descriptive with enough words that a reader can understand the basic nature of the risk without the need the look at a more detailed explanation. Make sure to avoid the trap of defining a risk as the result of the risk. Focus on the actual condition or event that impacts the project. For example, "delay in field data collection" is not a risk--this is the potential result of one or more risk events.
**PMI Risk Response Strategies include: Acceptance, Avoidance, Mitigation, and Transference. It is OK not to focus on "Acceptance" since this is bacially a "do nothing" response.
Remember that this assignment relates to the project as a whole--not just specific deliverables as in Assignment #6 . So step back and consider risk events, conditions, and circumstances that could impact any aspect of the project and understand that a single risk could impact work on one or more deliverables.
You may have discovered that the Project Management Institute (PMI) identifies both “negative” and “positive” risk. To simplify your work on this Assignment, deal only with negative risk —those potential risks that could have a negative impact on the project schedule, cost, quality, etc.
The team leader will have the main responsibility for assembling contributions from team members into a final deliverable and submit the assignment for the team.
The risk probability/impact matrix and the risk analysis write-ups on selected risks should be about 1800 to 3000 words in length. As is the case for all written assignments, the word count is a target to give you an idea about the level of detail expected. As a general rule, it is best to keep it concise and as brief as possible while still covering the necessary topics. No points will be deducted for submittals if they exceed the maximum word count by a small amount.
Refer to the grading rubric below for guidelines about the expected format and content of this Assignment.
As in all written assignments, you should include a cover page which includes the following information: a) course number and name, b) assignment number and name, c) your name, d) submittal date. The cover page should also have the full project name and document title ("Risk Management Plan"). Your submitted assignment should be formatted as specified in the Format Quality of this assignment’s rubric below to earn maximum points. As you prepare this assignment, START WITH AN OUTLINE, with sections and subsections that cover the topics above. We recommend that you use the Outline/Heading feature of your word processing software in document preparation. It is expected that you will organize the document into numbered and named sections. It is best practice today, for technical and management documents to use a "decimal" outline numbering scheme (1., 1.1, etc.) as opposed to the older Roman Numeral numbering approach.
View specific directions for submitting Assignment #7. See Canvas Calendar for due date. Grading information and rubric is below.
This Assignment #7 is worth 70 points. The points awarded from the Instructor’s grading of this Assignment will be given to all members of the team.
The instructor may deduct points if the Assignment is turned in late, unless a late submittal has been approved by the Instructor prior to the Assignment submittal date.
Grading Category | Basis for Scoring | Total Possible Points | Point Award Explanation |
---|---|---|---|
A. Inclusion of Required Content | 22 | ||
B. Overall Document Organization | 16 | ||
C. Quality/Clarity of Writing | Writing quality and clarity refers to how well and effectively words and sentences to convey meaning to the reader including the following: | 20 | |
D. Format Quality | Well-formatted document helps convey content and meaning to the reading. Important format parameters include: | 12 |
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E*TRADE from Morgan Stanley
With all options strategies that contain a short option position, an investor or trader needs to keep in mind the consequences of having that option assigned , either at expiration or early (i.e., prior to expiration). Remember that, in principle, with American-style options a short position can be assigned to you at any time. On this page, we’ll run through the results and possible responses for various scenarios where a trader may be left with a short position following an assignment.
Before we look at specifics, here’s an important note about risk related to out-of-the-money options: Normally, you would not receive an assignment on an option that expires out of the money. However, even if a short position appears to be out of the money, it might still be assigned to you if the stock were to move against you just prior to expiration or in extended aftermarket or weekend trading hours. The only way to eliminate this risk is to buy-to-close the short option.
Credit put spreads, debit call spreads, debit put spreads.
Another important note : In any case where you close out an options position, the standard contract fee (commission) will be charged unless the trade qualifies for the E*TRADE Dime Buyback Program . There is no contract fee or commission when an option is assigned to you.
If it's at expiration | If it's at expiration |
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This means your account must be able to deliver shares of the underlying—i.e., sell them at the strike price. If your account doesn't have the buying power to cover the sale of shares, you may receive a margin call. Actions you can take: If you don’t want to sell your shares or you don’t own any, you can buy the call option before it expires, closing out the position and eliminating the risk of assignment. |
An early assignment is most likely to happen if the call option is deep in the money and the stock’s ex-dividend date is close to the option expiration date.
If your account does not hold the shares needed to cover the obligation, an early assignment would create a short stock position in your account. This may incur borrowing fees and make you responsible for any dividend payments.
Also note that if you hold a short call on a stock that has a dividend payment coming in the near future, you may be responsible for paying the dividend even if you close the position before it expires.
If it's at expiration | If it's at expiration |
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This means your account must have enough money to buy the shares of the underlying at the strike price or you may incur a margin call. Actions you can take: If you don’t have the money to pay for the shares, you can buy the put option before it expires, closing out the position and eliminating the risk of assignment and the risk of a margin call. |
An early assignment generally happens when the put option is deep in the money and the underlying stock does not have an ex-dividend date between the current time and the expiration of the option.
Short call + long call
(The same principles apply to both two-leg and four-leg strategies)
If the and the at expiration |
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This means your account will deliver shares of the underlying—i.e., sell them at the strike price. Actions you can take: If you don’t have the shares to sell, or don’t want to establish a short stock position, you can buy the short call before expiration, closing out the position. If the short leg is closed before expiration, the long leg may also be closed, but it will likely not have any value and can expire worthless. |
This would leave your account short the shares you’ve been assigned, but the risk of the position would not change . The long call still functions to cover the short share position. Typically, you would buy shares to cover the short and simultaneously sell the long leg of the spread.
Pay attention to short in-the-money call legs on the day prior to the stock’s ex-dividend date, because an assignment that evening would put you in a short stock position where you are responsible for paying the dividend. If there’s a risk of early assignment, consider closing the spread.
Short put + long put
If the and the at expiration |
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This means your account will buy shares of the underlying at the strike price. Actions you can take: If you don’t have the money to pay for the shares, or don’t want to, you can buy the put option before it expires, closing out the position and eliminating the risk of assignment. Once the short leg is closed, you can try to sell the long leg if it has any value, or let it expire worthless if it doesn’t. |
Early assignment would leave your account long the shares you’ve been assigned. If your account does not have enough buying power to purchase the shares when they are assigned, this may create a Fed call in your account.
However, the long put still functions to cover the position because it gives you the right to sell shares at the long put strike price. Typically, you would sell the shares in the market and close out the long put simultaneously.
Long call + short call
If the and the at expiration |
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This means your account will buy shares at the long call’s strike price. Actions you can take: If you don’t have enough money in your account to pay for the shares, or you don’t want to, you can simply sell the long call option before it expires, closing out the position. However, unless you are approved for Level 4 options trading, you must close out the short leg first (or simultaneously). The easiest way to do this is to use the spread order ticket to buy to close the short leg and sell to close the long leg. Assuming the short leg is worth less than $0.10, the E*TRADE Dime Buyback program would apply, and you’ll pay no commission to close that leg. |
Debit spreads have the same early assignment risk as credit spreads only if the short leg is in-the-money.
An early assignment would leave your account short the shares you’ve been assigned, but the risk of the position would not change . The long call still functions to cover the short share position. Typically, you would buy shares to cover the short share position and simultaneously sell the remaining long leg of the spread.
Long put + short put
If the and the at expiration |
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This means your account will buy shares at the long call’s strike price. Actions you can take: If you don’t have the shares, the automatic exercise would create a short position in your account. To avoid this, you can simply sell the put option before it expires, closing out the position. However, you may not have the buying power to close out the long leg unless you close out the short leg first (or simultaneously). The easiest way to do this is to use the spread order ticket to buy to close the short leg and sell to close the long leg. Assuming the short leg is worth less than $0.10, the E*TRADE Dime Buyback program would apply, and you’ll pay no commission to close that leg. |
An early assignment would leave your account long the shares you’ve been assigned. If your account does not have enough buying power to purchase the shares when they are assigned, this may create a Fed call in your account.
(when all legs are in-the-money or all are out-of-the-money)
If all legs are at expiration | If all legs are at expiration |
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For call spreads, this will buy shares at the long call’s strike price and sell shares at the short call’s strike price. For put spreads, this will sell shares at the long put strike price and buy shares at the short put strike price. In either case, this will happen in the account after expiration, usually overnight, and is called . Your account does not need to have money available to buy shares for the long call or short put because the sale of shares from the short call or long put will cover the cost. There will be no Fed call or margin call. |
Pay attention to short in-the-money call legs on the day prior to the stock’s ex-dividend date because an assignment that evening would put you in a short stock position where you are responsible for paying the dividend. If there’s a risk of early assignment, consider closing the spread.
However, the long put still functions to cover the long stock position because it gives you the right to sell shares at the long put strike price. Typically, you would sell the shares in the market and close out the long put simultaneously.
How to buy call options, how to buy put options, potentially protect a stock position against a market drop, looking to expand your financial knowledge.
Bias in Statistics > Assignment Bias
Assignment bias happens when experimental groups have significantly different characteristics due to a faulty assignment process. For example, if you’re performing a set of intelligence tests, one group might have more people who are significantly smarter. Although this type of bias is usually associated with non-random sampling and assignment, it can occasionally be an issue with random techniques.
Random assignment can help to control assignment bias by ensuring that treatment groups and control groups have an equal spread of characteristics. That said, random assignment is not always possible, especially in the medical fields where it may be unethical to assign patients to control groups. If you are unable to use random sampling and random assignment methods to select participants, alternative methods include:
Assignment bias can be a threat to internal validity , because it allows two different explanations for differences in treatment results. For example, if you find that a weight loss procedure results in weight loss of more than 50 lbs, it could be that the treatment is actually effective, or it could be that the differences are because people in the experimental group weigh more at the outset (and therefore, have more to lose). In more technical terms, unmeasured extraneous variables (e.g. extra weight) might be interfering with the relationship between the independent variable and dependent variable .
Assignment bias can also be a threat to external validity “…if it affects study results, leading to inaccurate estimates of the relationships between variables in a population” (Dattalo, 2010). In other words, if you take your questionable experimental results and apply them to the broader population, this results in issues with external validity.
References: Dattalo, P. (201). Strategies to Approximate Random Sampling and Assignment. Oxford University Press, USA.
Aliciabags6843 is waiting for your help., ai-generated answer.
The option seller is the one who is at risk of assignment, as they have the obligation to fulfill the contract if the option is exercised. Market makers, brokers, and option buyers do not face this assignment risk in the same way.The correct option is (2) option seller
Among the options provided, the option seller is at risk of assignment. This is because the option seller has the obligation to fulfill the terms of the option contract if the option buyer chooses to exercise it. The market maker and broker facilitate transactions and are not typically at risk of assignment for the options they trade on behalf of clients or maintain liquidity. The option buyer holds the right, but not the obligation, to exercise the option, so they are not at risk of having to fulfill an assignment. In the financial market, risks are inherent, and investors should be aware of the mechanics and potential consequences of the financial instruments they engage with. Sellers must consider their positions carefully, as the sale of options can lead to an obligation to buy or sell the underlying asset if the option is exercised. Stock brokerages and agents play a role in executing these transactions but do not bear the assignment risk once the trade is complete. Analyses of market conditions and a solid understanding of these conditions are crucial for both buyers and sellers to make informed decisions and anticipate gains from their trades.
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FHFA established the Suspended Counterparty Program to help address the risk to Fannie Mae, Freddie Mac, and the Federal Home Loan Banks (“the regulated entities”) presented by individuals and entities with a history of fraud or other financial misconduct. Under this program, FHFA may issue orders suspending an individual or entity from doing business with the regulated entities.
FHFA maintains a list at this page of each person that is currently suspended under the Suspended Counterparty Program.
Suspension Order | |||||
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YiHou Han | San Francisco | California | 03/26/2024 | Indefinite | |
Alex A. Dadourian | Granada Hills | California | 02/08/2024 | Indefinite | |
Tamara Dadyan | Encino | California | 01/10/2024 | Indefinite | |
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We’ve all been there… researching options strategies and unable to find the answers we’re looking for. SteadyOptions has your solution.
Get educated about the nuances and risks of options trading. Have access to resources and be a resource to other traders. Get quick responses from the SteadyOptions team.
By Pat Crawley
The fear of being assigned early on a short option position is enough to cripple many would-be options traders into sticking by their tried-and-true habit of simply buying puts or calls. After all, theoretically, the counterparty to your short options trade could exercise the option at any time, potentially triggering a Margin Call on your account if you’re undercapitalized.
But in this article, we're going to show you why early assignment is a vastly overblown fear, why it's not the end of the world, and what to do if it does occur.
Do you remember reading beginner options books or articles that said, "an option gives the buyer the right, but not the obligation, to buy/sell a stock at a specified price and date?" Well, it's accurate, but only for the buy side of the contract.
The seller of an option is actually obligated to buy or sell should the buyer choose to exercise their contract. So when options, assignment is when you, the lucky seller of an options contract, get chosen to make good on your obligation to buy or sell the underlying asset.
Let's say you sold a call option on a stock with a strike price of $50, which you held until expiration. At expiration, the stock trades at $55, meaning it's automatically exercised by the buyer. In this case, you are forced to sell the buyer 100 shares at $50 per share.
So when selling options, assignment is when you, the lucky seller of an options contract, get chosen to make good on your obligation to buy or sell the underlying asset.
Early assignment is when the buyer of an options contract that you're short decides to exercise the option before the expiration and begins the assignment process.
Many beginning traders count early assignments as one of their biggest trading fears. Many traders' fear of early assignment stems from their lack of understanding of the process. Still, it's typically not something to worry about, and we'll show you why in this article. But first, let's look at an example of how the process works.
For instance, say we collect $1 in premium to short a 30-day put option on XYZ with a strike price of $45 while the underlying is trading at $50. Fast forward, and it's the morning of expiration day. Options will expire at the close of trading in a few hours. The underlying stock is hovering around $44.85. Our plan pretty much worked as planned until, for some reason, the holder of the option exercises the option. We're confused and don't know what's going on.
It works exactly the same way as ordinary options settlement . You fulfill your end of the bargain. As the seller of a put option, you sold the right to sell XYZ at $45. The option buyer exercised that right and sold his shares to you at $45 per share.
And now, let's break down what happened in this transaction:
Many beginning traders count early assignments as one of their biggest trading fears; on some level, it makes sense. As the seller of an option, you're accepting the burden of a legitimate obligation to your counterparty in exchange for a premium. You're giving up control, and the early assignment shoe can, on paper, drop at any time.
People rarely exercise options early because it simply doesn't make financial sense. By exercising an option, you're only capturing the option's intrinsic value and entirely forfeiting the extrinsic value to the option seller. There's seldom a reason to do this.
Let's put ourselves in the buyer's shoes. For instance, we pay $5 for a 30-day call with a strike price of $100 while the underlying is trading at $102. The call has $2 in intrinsic value, meaning our call is in-the-money by $2, which would be our profit if the option expired today.
The other $3 of the option price is extrinsic value. This is the value of time, volatility, and convexity. By exercising early, the buyer of an option is burning that $3 of extrinsic value just to lock in the $2 profit.
A much better alternative would be to sell the option and go and buy 100 shares of the stock in the open market.
Viewed in this light, an option seller can’t be blamed for looking at early assignment as a good thing, as they get to lock in their premium as profit.
One of the biggest worries about early assignment is that being assigned will somehow open the trader up to additional risk. For instance, if you’re assigned on a short call position, you’ll end up holding a short position in the underlying stock.
However, let me prove that the maximum risk in your positions stays the same due to early assignment.
Perhaps you collect $2.00 in premium for shorting an ABC $50/$55 bear call spread. In other words, we're short the $50 call for a credit of $2.50 and long the $55 call, paying a debit of $0.50.
Before considering early assignment, let's determine our maximum risk on this call spread. The maximum risk for a bear call spread is the difference between the strike minus the net credit you receive. In this case, the difference between the strikes is $5, and we collect a net credit of $2, making our maximum risk on the position $3 or $300.
You wake up one morning with the underlying trading at $58 to find that the counterparty of your short $50 call has exercised its option, giving them the right to buy the underlying stock at $50 per share.
You'd end up short due to being forced to sell the buyer shares at $50. So you're short 100 shares of ABC with a cost basis of $50 per share. On that position, your P&L is -$800, the P&L on a $55 long call is +$250, on account of you paying $0.50, and the call being $3.00 in-the-money. And finally, because the option holder exercised early, you get to keep the entire credit you collected to sell the $50 call, so you've collected +$250.
So your P&L is $300. You've reached your max loss. Let's get extreme here. Suppose the price of the underlying runs to $100. Here are the P&Ls for each leg of the trade:
While dealing with early assignments might be a hassle, it doesn’t open a trader up to additional risk they didn’t sign up for.
Getting a margin call due to early assignment isn't the end of the world. Believe it or not, stock brokerages have been around for a long time. They have seen early assignments many times before, and they have protocols for it.
Think about it intuitively, your broker allowed you to open the short option position knowing that the capital in your account could not cover an early assignment. Still, they let you make the trade anyways.
So what happens when you get an early assignment that you can’t cover? Your broker issues you a margin call. Once you’re in violation of their margin rules, they pretty much have carte blanche to handle the situation as they wish, including liquidating the assigned stock position at their will.
However, most brokers will give you some time to react to the situation and either decide to deposit more capital, liquidate the position on your own, or exercise offsetting options to fulfill the margin call in the case of an option spread.
Even though a margin call isn't fun, remember that the overall risk of your position doesn't change due to an early assignment, and it's typically not a momentous event to deal with. You probably just have to liquidate the trade.
When Early Assignment Might Occur?
One of the few times it might make sense for a trader to exercise an option early is when he's holding a call that is deep in-the-money, and there's an upcoming ex-dividend date.
Because deep ITM calls have very little extrinsic value (because their deltas are so high), any negligible extrinsic value is often outweighed by the value of an upcoming dividend payment , so it makes sense to exercise and collect the dividend.
While it's important to emphasize that the risk of early assignment is very low in most cases, the likelihood does rise when you're dealing with options with very little extrinsic value, like deep-in-the-money options. Although, even in those cases, the probabilities are pretty low.
However, an options trader that is trading to exploit market anomalies like the volatility risk premium, in which implied volatility tends to be overpriced, shouldn't even be trading deep-in-the-money options anyhow. Profitable option sellers tend to sell options with very little intrinsic value and tons of extrinsic value.
Don't let the fear of early assignment discourage you from selling options. Far worse things when shorting options! While it's true that early assignment can occur, it's typically not a big deal. Related articles
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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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IMAGES
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COMMENTS
Ways to avoid the risk of early assignment. If you are selling options (covered or uncovered), there is always the risk of being assigned if your trade moves against you. This risk is higher if the underlying security involved pays a dividend. However, there are ways to reduce the likelihood of being assigned early. These include:
What is the Risk of Assignment? The risks associated with options assignment are primarily centered around the obligations of the seller of the options contract.
The Risks of Options Assignment. October 23, 2023. Before entering an options trade, traders should consider the possibility of early assignment. Learn more about assignment and how to help reduce the risks associated with it. Any trader holding a short option position should understand the risks of early assignment.
Either way, they've secured a risk-free profit of at least $28. The short call option seller is required to pay the $72 dividend on the payment date since they were short shares on the ex-dividend date. Remember, option assignment is random and can happen at any time for options with any moneyness. Out-of-the-money calls can also be assigned.
In today's video I want to talk about assignment risk in options trading. Any time you sell to open an option, there is risk of assignment, even if it doesn'...
Early assignment is a risk that all options traders should be aware of and prepared to manage. As you navigate the dynamic landscape of the financial markets, a mastery of these Greeks opens the ...
Assignment risk happens when your short strike expires in the money. If you sell a put or call spread, the assignment risk stems from your short strike expiring in the money at expiration. If this scenario happens, you will be forced to sell 100 shares to the buyer for each option contract they purchased.
Unsafe Assignments. According to the American Nurses Association, Nurses have the "professional right to accept, reject or object in writing to any patient assignment that puts patients or themselves at serious risk for harm. Registered Nurses have the professional obligation to raise concerns regarding any patient assignment that puts patients ...
Eliminating a low probability but potentially severe risk of assignment and exercise risk can lead investors to a shorter learning curve and more consistent results. Additionally, with the launch ...
The risk of assignment for the CALL options contract sellers increases when the underlying stock pays dividends and when it is nearing the ex-dividend date. The CALL options contract buyers are not entitled to dividend payments, so if they wish to receive the dividend, they will have to exercise the CALL options and become stock owners. ...
The put vs call assignment risk, is actually the reverse: in-the-money calls are more likely to be exercised early than puts. Exercising a call locks in profit for the option holder because they can buy the shares at below market price, and immediately sell them at the higher market price. If there are dividends due, the risk is even higher.
You may have to make a decision about accepting an assignment involving abnormally dangerous conditions that pose an imminent risk to your safety and health, and could potentially cause serious injury or death. If you are a WSNA member and you accept an abnormally dangerous assignment, fill out an ADO to document that you are accepting an ...
The status quo approach to measuring student risk is limited in two ways: (1) The use of basic risk categories is a dated technology, and (2) common indicators used to identify at-risk students ...
Second, there is assignment risk throughout the life of the trade for American-style options. Typically, options are assigned only when they are deep in-the-money, or when there is an advantage to exercising to capture a stock dividend (see "Dividend Considerations" below). Still, an option writer can be assigned anytime up until expiration.
Assignment risk refers to the risk that the writer (seller) of an option contract will be required to fulfill their obligation to buy or sell the underlying asset (such as stocks) if the option is exercised by the buyer. This risk applies to both call options, where the writer may be forced to sell the asset, and put options, where the writer ...
Steps you can take to minimize global assignment risks for your expatriate employees. Although daunting, there are basic steps that can be taken to help companies manage risk for their mobility programs. 1. Communicate and coordinate. As reflected in the risk areas above, the mobility program can touch multiple departments within an ...
Search based on keywords: strike price (33) short positions (16) underlying asset (11) risk tolerance (8) mitigating assignment risk (8) 1.Monitoring and Exiting Positions to Minimize Assignment Risk [Original Blog]. Monitoring and exiting positions is a crucial aspect of option writing that can help minimize assignment risk.As an option writer, it is important to stay vigilant and actively ...
Assignment #7 is to identify project risks, prepare a risk probability matrix, and carry out an analysis of selected risks and risk responses (one for each team member). As described in Assignment #6, you may use any appropriate communication and group collaboration tools to support your work on this Assignment.
Instructions. Save the desired file to your computer. You may open the file in a database program such as Microsoft Access, a spreadsheet program such as Microsoft Excel, or whichever software you use per normal.
Reword sentences in seconds. With Grammarly's free online paraphrasing tool, you can use AI to instantly paraphrase text for essays, emails, articles, and more. Enter the text you'd like to paraphrase below. You can further modify a sentence by selecting another option below. 0/500 characters.
Level 1 - Oropouche Fever in the Americas June 2024. Level 2 - Chikungunya in Maldives May 2024. Level 1 - Global Measles May 2024. Level 2 - Global Polio May 2024. Level 1 - Meningococcal Disease in Saudi Arabia - Vaccine Requirements for Travel During the Hajj and Umrah Pilgrimages May 2024.
Understanding assignment risk in Level 3 and 4 options strategies. With all options strategies that contain a short option position, an investor or trader needs to keep in mind the consequences of having that option assigned, either at expiration or early (i.e., prior to expiration). Remember that, in principle, with American-style options a ...
Assignment bias happens when experimental groups have significantly different characteristics due to a faulty assignment process. For example, if you're performing a set of intelligence tests, one group might have more people who are significantly smarter. Although this type of bias is usually associated with non-random sampling and ...
Market makers, brokers, and option buyers do not face this assignment risk in the same way.The correct option is (2) option seller. Explanation: Among the options provided, the option seller is at risk of assignment. This is because the option seller has the obligation to fulfill the terms of the option contract if the option buyer chooses to ...
Suspended Counterparty Program. FHFA established the Suspended Counterparty Program to help address the risk to Fannie Mae, Freddie Mac, and the Federal Home Loan Banks ("the regulated entities") presented by individuals and entities with a history of fraud or other financial misconduct. Under this program, FHFA may issue orders suspending ...
Senate Minority Leader Brian Jones, R-Santee, and Sen. Josh Becker, D-Menlo Park, announced Thursday they have introduced Senate Bill 803, a gut-and-amend bill that would allow for the ...
Before considering early assignment, let's determine our maximum risk on this call spread. The maximum risk for a bear call spread is the difference between the strike minus the net credit you receive. In this case, the difference between the strikes is $5, and we collect a net credit of $2, making our maximum risk on the position $3 or $300.
Overview. In this case study assignment, you will select a company or organization of your choice that has been dealing with risk and uncertainty within the last six months. Then you will determine solutions to organizational problems that take into account principles of risk management to improve operations and profitability. Instructions.
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 ...
Furthermore, women, due to their gender roles, are responsible for food security and food production. The impacts of climate change on agriculture, water resources, health and other sectors, therefore, puts an enormous burden on women. Their lack of access and control over resources such as land, information, finances, also means that they face ...