---
kind: "section"
citation: "2 C.F.R. § 910.370"
title: "2"
number: "910.370"
heading: "Novation of financial assistance agreements."
url: "https://uscodex.org/cfr/2/910.370"
---

# §910.370. Novation of financial assistance agreements.

- (a) Financial assistance agreements are not assignable absent written consent from the contracting officer. At his or her sole discretion, the contracting officer may, through novation, recognize a third party as the successor in interest to a financial assistance agreement if such recognition is in the Government's interest, conforms with all applicable laws and the third party's interest in the agreement arises out of the transfer of:
  - (1) All of the recipient's assets; or
  - (2) **The entire portion of the assets necessary to perform the project described in the agreement.**
- (b) When the contracting officer determines that it is not in the Government's interest to consent to the novation of a financial assistance agreement from the original recipient to a third party, the original recipient remains subject to the terms of the financial assistance agreement, and the Department may exercise all legally available remedies under [2 CFR 200.339 through 200.343](/cfr/2/200.339..200.343.md), or that may be otherwise available, should the original recipient not perform.
- (c) The contracting officer may require submission of any documentation in support of a request for novation, including but not limited to documents identified in [48 CFR Subpart 42.12](/cfr/48/subpart42.12.md). The contracting officer may use the format in [48 CFR 42.1204](/cfr/48/42.1204.md) as guidance for novation agreements identified in [paragraph (a)](#a) of this section.

## Notes

### Amendments

[80 FR 53239, Sept. 3, 2015, as amended at 87 FR 15320, Mar. 18, 2022]

### Authority

Authority: 42 U.S.C. 7101, et seq.; 31 U.S.C. 6301-6308; 50 U.S.C. 2401 et seq.; 2 CFR part 200.

### Source

Source: 79 FR 76024, Dec. 19, 2014, unless otherwise noted.

### Amendments

[80 FR 53239, Sept. 3, 2015, as amended at 87 FR 15320, Mar. 18, 2022]