Novation agreement (ab initio)

This is a three party agreement, under which one party (the transferor) transfers its rights and obligations under an existing contract (the transferring contract) to another person (the transferee) who was not originally a party to the transferring contract. The other party to that transferring contract remains in place and acknowledges and agrees to the transfer.

The transfer of rights is backdated (ab initio) such that all rights and obligations arising under the transferring contract are transferred. In other words, the transfer includes rights and obligations arising after the inception of the transferring contract but before the execution of the novation agreement.

The legal position is similar to that which would have obtained had the transferee been the original contracting party in the place of the transferor.

Ask about this document

Novation agreement (ab initio) contents

Definitions: definitions.
Novation: transferee's obligations re novation ab initio; counterparty's obligations re novation ab initio; releases upon novation ab initio.
Indemnity: first party indemnifies second party upon breach of novated contract.
Third party rights: third party rights: benefit; third party rights: exercise of rights.
Counterparts: counterparts.
Law and jurisdiction: governing law; jurisdiction.

ATTACHMENT 1 (COPY OF TRANSFERRING CONTRACT)

Prompt to insert transferring contract.

Novation agreement (ab initio) document editor preview

This is a shortened preview of the editor interface; once you create your instance you'll be able to edit the full document in our online editor.

Novation agreement (ab initio) document preview

This is a shortened preview of the DOCX output; once you create your instance you'll be able to download the full document in PDF, HTML, RTF and/or DOCX (Microsoft Word) format.

Which licence should I choose?

Version	1.2
First published	14 Jun 2019
Last updated	18 Jan 2023
Law	English law and EU law
Language	English (UK)
^†Word count	1,285
^†Template pages	3

† These figures are approximations.

Commercial law Company law Agreement

Novation agreements

Novation agreement

We do not limit the number of copies of a template you can make on your own computer. Nor do they limit the number of times you can print and sign a document. We do however limit the number of copies of a template you can create in the Docular editor, and also the number of websites / digital products with respect to which a template may be used.

There are four different licences under which you can access a Docular template.

	Free licence	Standard licence	Extended licence	Professional licence
Number of document instances	1	1	5	25
Number of websites or digital products	1	1	5	25
Sub-licences permitted	None	1	5	25
Document licence period	No expiry	No expiry	No expiry	No expiry
Credit for Docular	Yes	No	No	No

Number of document instances

Document templates are the products available for sale on this website; whereas document instances are "clones" of the templates, which you can edit using Docular's online editor and export from the website.

We will update our document templates from time to time, but this will not affect your document instances. When you create a document instance, it will be based upon the latest version of the underlying document template at the time of creation of the instance, irrespective of your date of purchase.

You can save your document instance to our servers at any time, and return to editing later. Once you are happy with your editing, you can export the document and save it to your computer.

Number of websites or digital products

The licences include numerical limits upon: (a) the number of websites (including cloud services) on which documents may be published; and (b) the number of digital products (such as software programs) with which documents may be distributed.

Sub-licences permitted

All of our paid licences allow you to sub-license to a client of yours the right to use a document created using Docular.

When you sub-license that right, it becomes attached to the particular client. The number of sub-licences you may grant is numerically limited and, again, the limitation corresponds to the document instance limitation.

Document licence period

This is the period of the licence to use documents created using and exported from the Docular online editor. In short, the licences do not expire. There are no ongoing licence fees.

Credit for Docular

Each free template includes a textual credit for Docular (eg "this document was created using Docular") and you must retain that credit in all versions of the document.

Legal T&Cs

For full details of the licensing rules governing the use of Docular templates, instances and exports, see our terms and conditions.