Bank Hold Harmless Agreement Template for England and Wales

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Key Requirements PROMPT example:

Bank Hold Harmless Agreement

"I need a Bank Hold Harmless Agreement for our fintech startup providing payment processing services through HSBC Bank, with specific provisions for cross-border transactions and cryptocurrency activities, to be effective from March 2025."

Document background
A Bank Hold Harmless Agreement is essential in modern banking relationships where institutions face various operational and regulatory risks. This document, governed by English and Welsh law, is typically used when banks undertake activities that carry additional risk at the client's request, such as accepting unclear instructions, processing international transfers, or handling specialized transactions. The agreement provides the bank with protection while allowing it to proceed with client requests that might otherwise be declined due to risk concerns. It includes specific provisions about indemnification scope, regulatory compliance, and risk allocation between parties.
Suggested Sections

1. Parties: Identification of the bank and the indemnifying party

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

3. Definitions: Key terms used throughout the agreement

4. Scope of Indemnity: Specific actions and circumstances covered by the indemnity

5. Duration: Term of the agreement and any renewal provisions

6. Governing Law and Jurisdiction: Confirmation of English and Welsh law governance

Optional Sections

1. Insurance Requirements: Required when specific insurance coverage needs to be maintained for high-value indemnities or regulated activities

2. Cross-Border Provisions: Addressing international aspects of the arrangement when parties operate in multiple jurisdictions

3. Regulatory Compliance: Specific regulatory obligations when activities fall under specific regulatory frameworks

Suggested Schedules

1. Schedule of Covered Activities: Detailed list of activities covered by the indemnity

2. Schedule of Excluded Activities: Specific exclusions from the indemnity coverage

3. Form of Notice: Template for formal notices under the agreement

4. Insurance Requirements Schedule: Detailed insurance specifications and requirements

Authors

Alex Denne

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

Industries

Financial Services and Markets Act 2000: Primary UK legislation that regulates financial services and markets. Essential for understanding the regulatory framework within which banks operate.

Banking Act 2009: Key legislation governing banking operations and regulations in the UK, including provisions for bank insolvency and settlement finality.

Companies Act 2006: Fundamental legislation governing company operations in the UK, relevant for corporate documentation and authority.

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract, crucial for hold harmless agreements involving multiple parties.

Unfair Contract Terms Act 1977: Controls the use of exclusion and limitation clauses in contracts, ensuring fairness in contractual relationships.

Consumer Rights Act 2015: Legislation protecting consumer rights, relevant if the hold harmless agreement involves retail banking customers.

FCA Handbook: Regulatory guidelines and requirements set by the Financial Conduct Authority for financial institutions.

PRA Rulebook: Prudential regulations and requirements set by the Prudential Regulation Authority for banks and financial institutions.

Basel III Requirements: International regulatory framework for banks, setting standards for capital adequacy and market liquidity risk.

English Common Law - Contract Principles: Fundamental principles of contract law including formation, consideration, and enforcement under English common law.

Money Laundering Regulations 2017: Regulations governing anti-money laundering and counter-terrorist financing requirements for financial institutions.

Proceeds of Crime Act 2002: Legislation dealing with money laundering and proceeds of crime, relevant for banking transactions and reporting requirements.

UK GDPR: Data protection regulations governing how personal data must be handled and protected in the UK.

Data Protection Act 2018: UK's implementation of data protection requirements, working alongside UK GDPR.

International Banking Regulations: Various international banking standards and regulations affecting cross-border transactions and 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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