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Checking Agreement Template for England and Wales

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Key Requirements PROMPT example:

Checking Agreement

"I need a Checking Agreement for a new digital-only banking service launching in March 2025, with specific provisions for biometric authentication and cryptocurrency transactions alongside traditional banking services."

Document background
The Checking Agreement serves as the foundational document establishing the banking relationship between financial institutions and their customers in England and Wales. This contract type is essential for defining the rights, responsibilities, and obligations of both parties in managing a checking account. The agreement encompasses various aspects including account operations, fee structures, security protocols, and regulatory compliance requirements. It is designed to protect both the financial institution and the account holder while ensuring adherence to UK banking regulations, consumer protection laws, and anti-money laundering legislation.
Suggested Sections

1. Parties: Identification of the account provider and account holder

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Account Services: Description of checking account services provided

5. Fees and Charges: Details of all applicable fees and charges

6. Account Operation: Rules for operating the account, including deposits and withdrawals

7. Security Measures: Account security and authentication requirements

8. Termination: Conditions for closing the account and ending the agreement

Optional Sections

1. Overdraft Facility: Terms and conditions for overdraft services when offered with the account

2. Additional Services: Terms for additional banking services such as cards or online banking features

3. Joint Accounts: Specific provisions and requirements for joint account holders

Suggested Schedules

1. Fee Schedule: Detailed breakdown of all fees and charges applicable to the account

2. Interest Rate Schedule: Current interest rates applicable to the account and conditions for rate changes

3. Security Procedures: Detailed security protocols and requirements for account access and operations

4. Processing Times: Schedule of processing times for different types of transactions and operations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Financial Services and Markets Act 2000: Primary legislation governing financial services regulation in the UK, establishing regulatory framework and authorities

Payment Services Regulations 2017: Regulations governing payment services, including bank accounts and payment processing requirements

Banking Act 2009: Legislation providing framework for bank regulation and operation in the UK

Consumer Rights Act 2015: Key legislation protecting consumer rights and establishing fair contract terms

Consumer Credit Act 1974: Legislation governing consumer credit agreements and related banking services

Unfair Contract Terms Act 1977: Act controlling unfair terms in contracts, particularly excluding or limiting liability

Unfair Terms in Consumer Contracts Regulations 1999: Regulations protecting consumers against unfair standard terms in contracts

UK General Data Protection Regulation: Post-Brexit UK version of GDPR governing personal data processing and protection

Data Protection Act 2018: UK's implementation of data protection standards and requirements

Privacy and Electronic Communications Regulations: Regulations governing privacy in electronic communications and marketing

Money Laundering Regulations 2017: Regulations requiring checks and procedures to prevent money laundering and terrorist financing

Proceeds of Crime Act 2002: Legislation dealing with money laundering and proceeds of crime

FCA Handbook: Financial Conduct Authority's detailed rules and guidance for regulated firms

PRA Rulebook: Prudential Regulation Authority's rules for regulated financial institutions

Banking Conduct of Business Sourcebook: FCA rules specifically governing conduct in banking business

Common Law Contract Principles: Fundamental principles of contract law developed through case law

Law of Equity: Principles of fairness and conscience supplementing common law

Fiduciary Duties: Legal obligations of trust and loyalty in banking relationships

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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