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Exchange Agent Agreement

Exchange Agent Agreement Template for Australia

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Key Requirements PROMPT example:

Exchange Agent Agreement

"I need an Exchange Agent Agreement for my financial services company to appoint a Sydney-based agent to handle foreign currency transactions in Asia-Pacific markets, with operations starting March 2025, including provisions for sub-agents and transaction limits up to AUD 5 million per day."

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Document background
The Exchange Agent Agreement is essential for businesses operating in the Australian financial services sector that require third-party assistance in conducting currency exchange operations. This document is typically used when a financial institution or business (the principal) wishes to appoint an agent to conduct foreign exchange transactions on its behalf. The agreement must comply with Australian regulatory requirements, including those set by ASIC, AUSTRAC, and other relevant authorities. It covers crucial aspects such as the scope of authority, compliance obligations, risk management, reporting requirements, and operational procedures. The document is particularly important given Australia's strict financial services regulatory framework and the need for clear delegation of authority in foreign exchange operations.
Suggested Sections

1. Parties: Identification of the principal and the exchange agent, including their registered details and ABN/ACN

2. Background: Context of the agreement, including the principal's business and need for exchange services

3. Definitions and Interpretation: Definitions of key terms and interpretation clauses

4. Appointment and Authority: Formal appointment of the agent and scope of authority granted

5. Term and Termination: Duration of the agreement and termination provisions

6. Agent's Obligations: Core duties and responsibilities of the exchange agent

7. Regulatory Compliance: AML/CTF obligations, reporting requirements, and other regulatory compliance matters

8. Operating Procedures: Standard procedures for currency exchange transactions and handling of funds

9. Fees and Compensation: Fee structure, payment terms, and commission arrangements

10. Reporting and Record Keeping: Requirements for transaction reporting and maintenance of records

11. Risk Management: Procedures for managing exchange rate risks and transaction limits

12. Representations and Warranties: Standard warranties regarding capacity, authority, and compliance

13. Liability and Indemnification: Allocation of liability and indemnification obligations

14. Confidentiality: Protection of confidential information and trade secrets

15. General Provisions: Standard boilerplate clauses including notices, governing law, and dispute resolution

Optional Sections

1. Insurance: Specific insurance requirements - include when the principal requires particular insurance coverage

2. Security Arrangements: Security deposits or guarantees - include when additional financial security is required

3. Intellectual Property: IP rights and usage - include when branded materials or proprietary systems are involved

4. Territory Restrictions: Geographical limitations - include when agent's services are restricted to specific regions

5. Sub-agents: Provisions for appointing sub-agents - include when sub-agents may be needed

6. Business Continuity: Disaster recovery and business continuity requirements - include for high-volume or critical services

7. Data Protection: Specific data handling requirements - include when dealing with personal data or cross-border transfers

Suggested Schedules

1. Schedule 1 - Fee Schedule: Detailed breakdown of fees, commissions, and payment terms

2. Schedule 2 - Operating Procedures Manual: Detailed procedures for handling transactions and daily operations

3. Schedule 3 - Compliance Requirements: Specific regulatory compliance procedures and checklists

4. Schedule 4 - Reporting Templates: Standard forms and templates for regular reporting

5. Schedule 5 - Authorized Personnel: List of authorized personnel who may conduct transactions

6. Schedule 6 - Transaction Limits: Details of various transaction limits and approval requirements

7. Appendix A - Required Forms: Collection of required regulatory and operational forms

8. Appendix B - System Requirements: Technical specifications for any required systems or software

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions





































Clauses




































Relevant Industries

Financial Services

Banking

Foreign Exchange

International Trade

Retail Currency Exchange

Tourism and Travel

Corporate Treasury

Payment Services

Money Services Business

Relevant Teams

Legal

Compliance

Treasury

Finance

Risk Management

Operations

Business Development

Regulatory Affairs

Corporate Governance

International Banking

Client Services

Relevant Roles

Chief Financial Officer

Treasury Manager

Compliance Officer

Legal Counsel

Foreign Exchange Manager

Risk Manager

Operations Director

Financial Controller

Business Development Manager

Relationship Manager

AML Compliance Officer

Company Secretary

Exchange Operations Manager

Treasury Operations Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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