Fbo Account Agreement Template for England and Wales

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Key Requirements PROMPT example:

Fbo Account Agreement

"I need an FBO Account Agreement for our UK-based investment management firm to hold client funds, with specific provisions for multi-currency transactions and online banking services, to be implemented by March 2025."

Document background
The FBO Account Agreement is essential when establishing accounts where funds are held by one party in trust for another under English and Welsh law. This arrangement is common in various financial and professional service contexts, particularly where client funds need to be segregated from operational accounts. The agreement details the rights and responsibilities of all parties, compliance with UK regulatory requirements, and operational procedures. It is crucial for ensuring proper governance of client funds and maintaining compliance with FCA regulations and UK financial services law.
Suggested Sections

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

2. Background: Context and purpose of the FBO arrangement

3. Definitions: Key terms used throughout the agreement

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

5. Operating Instructions: Rules for operating the account, including authorized signatories

6. Fees and Charges: Financial terms including all applicable fees

7. Representations and Warranties: Legal assurances from all parties

8. Termination: Conditions and process for ending the agreement

Optional Sections

1. Additional Services: Optional banking services available to the account holder - include when additional banking services are offered beyond basic account management

2. Foreign Currency Provisions: Rules for handling multiple currencies - include when the account may handle multiple currencies

3. Online Banking Terms: Terms for digital access to the account - include when online banking services are provided

Suggested Schedules

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

2. Schedule 2: Authorized Signatories: List of persons authorized to operate the account

3. Schedule 3: KYC Requirements: Required documentation for Know Your Customer compliance

4. Appendix A: Account Opening Forms: Standard forms required for account opening

5. Appendix B: Operating Procedures: Detailed procedures for account operation and management

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

Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

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

Financial Services Act 2012: Reformed the UK financial regulatory structure, including amendments to FSMA 2000 and establishing new regulatory bodies

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

Payment Services Regulations 2017: Regulations governing payment services, including requirements for payment institutions and protection of customer funds

Electronic Money Regulations 2011: Regulations specifically dealing with electronic money institutions and related services

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

Proceeds of Crime Act 2002: Legislation dealing with money laundering offenses and reporting requirements

UK General Data Protection Regulation: Post-Brexit data protection legislation governing handling of personal data

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

Consumer Rights Act 2015: Legislation protecting consumer rights in contracts and services

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

FCA Handbook - CASS Rules: Client Assets Sourcebook rules governing handling of client money and assets

FCA Handbook - SYSC: Senior Management Arrangements, Systems and Controls requirements for regulated firms

FCA Handbook - PRIN: Fundamental Principles for Businesses that regulated firms must follow

Trustee Act 2000: Legislation governing trustee duties and powers, relevant for FBO account structures

Common Law - Contract Formation: Fundamental principles of contract law including offer, acceptance, consideration, and intention to create legal relations

Unfair Contract Terms Act 1977: Legislation controlling unfair terms in contracts, particularly exclusion clauses

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

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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