Business Account Agreement Template for England and Wales

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Key Requirements PROMPT example:

Business Account Agreement

"I need a Business Account Agreement for my fintech startup that will be offering premium banking services to SMEs in the UK, with specific focus on international payments and multi-currency accounts, planned to launch in March 2025."

Document background
The Business Account Agreement serves as the foundational document for establishing and maintaining a banking relationship between financial institutions and their business customers in England and Wales. It is essential when opening new business accounts or updating terms for existing accounts. The agreement encompasses comprehensive terms covering account operations, security protocols, fee structures, and regulatory compliance requirements. This document ensures clarity in the banking relationship while adhering to UK financial regulations, including the Financial Services and Markets Act 2000 and Payment Services Regulations 2017.
Suggested Sections

1. Parties: Identifies the contracting parties (bank and business customer)

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

3. Definitions: Key terms used throughout the agreement including regulated terms under FSMA and PSRs

4. Account Services: Core banking services provided and account operations, including payment services under PSRs 2017

5. Fees and Charges: Schedule of fees, charges, and payment terms

6. Security and Access: Account security measures, access protocols, and anti-money laundering requirements

7. Customer Due Diligence: Requirements under Money Laundering Regulations and customer verification processes

8. Data Protection: Compliance with UK GDPR and Data Protection Act 2018 requirements

9. Obligations and Responsibilities: Duties of both parties including regulatory compliance obligations

10. Term and Termination: Duration of agreement and termination provisions

Optional Sections

1. Online Banking Services: Terms governing digital banking facilities and electronic communication

2. International Services: Terms for international payments and foreign exchange services

3. Overdraft Facilities: Terms and conditions for overdraft services and credit facilities

4. Multiple Account Management: Provisions for managing multiple accounts and pooled funds

5. Card Services: Terms relating to business debit or credit cards

Suggested Schedules

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

2. Service Level Agreement: Specific service standards and performance metrics

3. Authorized Signatories: List of authorized persons and signature specimens

4. Data Processing Terms: Detailed terms for processing personal data under UK GDPR

5. Security Procedures: Detailed security protocols and requirements

6. Regulatory Compliance: Specific regulatory requirements and compliance procedures

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

Relevant legal definitions
Clauses
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 business account operations and payment processing requirements

Electronic Money Regulations 2011: Legislation covering electronic money institutions and electronic payment systems

Banking Act 2009: Framework for bank regulation and operation, including provisions for business banking services

Financial Services (Banking Reform) Act 2013: Legislation implementing structural reforms to the banking sector and enhancing financial stability

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

Proceeds of Crime Act 2002: Legislative framework for dealing with criminal proceeds and money laundering obligations

UK General Data Protection Regulation: Primary data protection legislation governing the processing of personal data in the UK

Data Protection Act 2018: UK's implementation of data protection standards, complementing UK GDPR

Privacy and Electronic Communications Regulations: Regulations governing electronic communications and digital privacy

Consumer Rights Act 2015: Legislation protecting consumer rights, with some provisions applicable to business customers

Financial Services (Distance Marketing) Regulations 2004: Rules governing the remote marketing and provision of financial services

Unfair Contract Terms Act 1977: Legislation controlling unfair terms in contracts, including business-to-business agreements

Bribery Act 2010: Anti-corruption legislation affecting business relationships and financial transactions

Fraud Act 2006: Legislative framework addressing fraudulent activities in business and financial contexts

FCA Handbook: Regulatory requirements and guidance from the Financial Conduct Authority

PRA Rulebook: Regulatory requirements from the Prudential Regulation Authority

Banking Conduct of Business Sourcebook: Specific FCA rules governing banking conduct and business operations

Competition Act 1998: Legislation promoting competition and preventing anti-competitive practices in business

Companies Act 2006: Primary legislation governing company operations and corporate customers

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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