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Fbo Account Agreement Template for United States

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Key Requirements PROMPT example:

Fbo Account Agreement

"Need an FBO Account Agreement for our investment firm to manage client funds across multiple sub-accounts, with specific provisions for international wire transfers and enhanced reporting requirements for high-value transactions starting March 2025."

Document background

The FBO Account Agreement is essential when establishing accounts where funds are held for the benefit of third parties. This document type is commonly used in the United States financial sector and must comply with federal and state banking regulations. The agreement includes crucial provisions regarding account structure, authorized signatories, compliance requirements, and operational procedures. An FBO Account Agreement is particularly important for ensuring clear accountability and proper management of funds held for others, while maintaining compliance with regulatory requirements including KYC and AML regulations.

Suggested Sections

1. Parties: Identifies the financial institution and the account holder/beneficiary

2. Background: Explains the purpose of the FBO account arrangement and regulatory context

3. Definitions: Defines key terms used throughout the agreement including account types, beneficiary, and regulatory terms

4. Account Structure: Details how the FBO account will be structured and maintained, including segregation of funds

5. Operating Procedures: Specifies how transactions will be conducted, authorized, and documented

6. Fees and Charges: Outlines all applicable fees and charges for account maintenance and transactions

7. Representations and Warranties: States the parties' assertions regarding their authority, compliance with laws, and regulatory status

8. Term and Termination: Specifies duration of the agreement and conditions for termination or modification

9. Compliance Requirements: Details obligations under BSA, PATRIOT Act, and other regulatory requirements

10. Liability and Indemnification: Establishes liability limitations and indemnification obligations of parties

Optional Sections

1. Electronic Services: Details online banking services, access protocols, and security measures when electronic banking is provided

2. Foreign Transaction Provisions: Addresses international transfer requirements, currency conversion, and cross-border compliance when applicable

3. Sub-Account Provisions: Details management and reporting requirements for multiple sub-accounts when multiple beneficiaries are involved

4. Interest Provisions: Specifies interest calculation and payment terms if the account bears interest

Suggested Schedules

1. Schedule A - Fee Schedule: Detailed breakdown of all applicable fees and charges

2. Schedule B - Authorized Signatories: List of individuals authorized to operate the account and their signing authorities

3. Schedule C - Operating Procedures Manual: Detailed procedures for account operations, reporting, and reconciliation

4. Schedule D - Required Reports: Specifics of required reports, their frequency, and format

5. Schedule E - KYC Documentation Requirements: List of required customer due diligence documents and ongoing compliance requirements

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

Clauses



























Industries

Bank Secrecy Act (BSA): Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering, including requirements for reporting and record keeping.

USA PATRIOT Act: Federal law that strengthens KYC (Know Your Customer) requirements and enhances anti-money laundering procedures for financial institutions.

Federal Reserve Regulation D: Regulation establishing reserve requirements for depository institutions and defining types of deposit accounts.

Federal Deposit Insurance Act: Legislation governing the FDIC and establishing deposit insurance requirements for banking institutions.

Securities Exchange Act of 1934: Federal law governing securities trading and establishing the SEC, relevant for FBO accounts involving securities.

Investment Company Act of 1940: Federal law regulating investment companies and their activities, applicable if the FBO account involves investment management.

FinCEN Regulations: Financial Crimes Enforcement Network regulations requiring financial institutions to implement anti-money laundering programs.

OFAC Compliance Requirements: Office of Foreign Assets Control regulations requiring screening against sanctions lists and prohibited transactions.

Electronic Fund Transfer Act: Federal law establishing rights and responsibilities for electronic fund transfers and consumer protections.

Truth in Savings Act: Federal law requiring disclosure of terms and conditions for deposit accounts.

Regulation E: Federal regulation implementing the Electronic Fund Transfer Act and providing consumer protection for electronic transfers.

UCC Article 4: Uniform Commercial Code provisions governing bank deposits and collections.

UCC Article 4A: Uniform Commercial Code provisions governing funds transfers between financial institutions.

IRS Reporting Requirements: Tax reporting obligations including Form 1099 requirements for financial institutions managing FBO accounts.

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to explain their information-sharing practices and protect sensitive data.

State Banking Laws: Various state-specific regulations governing banking operations, trust accounts, and fiduciary responsibilities.

State Privacy Laws: State-specific requirements for protecting customer privacy and handling personal information.

Business Entity Laws: State laws governing business entities, including requirements for authority and documentation in FBO account 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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