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Account Bank Agreement
"I need an Account Bank Agreement under Malaysian law for a tech startup that will maintain multiple currency accounts and require electronic banking services, with implementation planned for March 2025."
1. Parties: Identifies the contracting parties - typically the Account Bank and the Account Holder
2. Background: Sets out the context and purpose of the agreement
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. Appointment and Duration: Formal appointment of the Account Bank and term of the agreement
5. Account Opening and Operation: Procedures for opening and operating the accounts
6. Account Bank's Rights and Obligations: Core duties and rights of the Account Bank
7. Account Holder's Rights and Obligations: Core duties and rights of the Account Holder
8. Fees and Charges: Banking fees, charges and payment terms
9. Instructions and Communications: Procedures for giving and acting on instructions
10. Security and Access: Account security measures and access protocols
11. Representations and Warranties: Standard banking and regulatory representations
12. Compliance and Regulatory Matters: Compliance with laws, regulations and reporting requirements
13. Confidentiality: Protection of confidential information
14. Data Protection: Compliance with PDPA and data handling requirements
15. Liability and Indemnity: Limitations of liability and indemnification provisions
16. Force Majeure: Provisions for unforeseen circumstances
17. Termination: Terms for ending the agreement
18. Governing Law and Jurisdiction: Choice of Malaysian law and jurisdiction
19. General Provisions: Standard boilerplate clauses
1. Islamic Banking Provisions: Required if offering Shariah-compliant banking services
2. Internet Banking Services: Include if online banking services are provided
3. Foreign Currency Accounts: Required for multi-currency account services
4. Special Account Requirements: For specific account types (e.g., escrow, trust accounts)
5. Agent Provisions: If the Account Bank acts as agent for other parties
6. Tax Matters: Detailed tax provisions if complex tax arrangements apply
7. Security Interest: If bank has security interest over accounts
8. Assignment and Transfer: If transfer rights are required
1. Account Details: Specific details of accounts to be opened and maintained
2. Authorized Signatories: List of authorized persons and signature specimens
3. Fee Schedule: Detailed breakdown of all applicable fees and charges
4. Operating Procedures: Detailed operational procedures and requirements
5. Forms and Notices: Standard forms for instructions and communications
6. Electronic Banking Terms: Specific terms for electronic banking services
7. Regulatory Compliance Requirements: Detailed compliance procedures and requirements
8. Service Level Agreement: Performance standards and service levels
Authors
Banking and Financial Services
Corporate Services
Investment Management
Real Estate
Infrastructure
Manufacturing
Retail
Technology
Energy
Healthcare
Education
Telecommunications
Construction
Mining and Resources
Agriculture
Legal
Finance
Treasury
Compliance
Risk Management
Operations
Corporate Banking
Company Secretarial
Credit
Transaction Banking
Account Management
Chief Financial Officer
Finance Director
Treasury Manager
Financial Controller
Company Secretary
Legal Counsel
Compliance Officer
Account Manager
Relationship Manager
Operations Manager
Risk Manager
Credit Manager
Banking Operations Officer
Treasury Operations Officer
Finance Manager
Corporate Banking Manager
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