Funds Transfer Agent Agreement Template for England and Wales

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Key Requirements PROMPT example:

Funds Transfer Agent Agreement

"I need a Funds Transfer Agent Agreement for my UK-based hedge fund to appoint ABC Financial Services Limited as our transfer agent, with specific provisions for handling cryptocurrency transactions and enhanced cybersecurity measures."

Document background
The Funds Transfer Agent Agreement is essential for investment funds operating under English and Welsh law, establishing the framework for managing shareholder records, processing fund transactions, and maintaining regulatory compliance. This agreement is typically used when a fund manager needs to appoint a professional transfer agent to handle shareholder services, fund subscriptions, redemptions, and related administrative functions. The document includes detailed service specifications, compliance requirements, fee structures, and operational procedures, ensuring alignment with UK financial services regulations and industry standards.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Appointment and Authority: Scope of transfer agent's appointment and authority

5. Services: Detailed description of transfer agent services

6. Fees and Expenses: Payment terms and fee structure

7. Compliance and Regulatory Requirements: Obligations regarding regulatory compliance

8. Representations and Warranties: Standard representations by both parties

9. Term and Termination: Duration and termination provisions

10. Liability and Indemnification: Allocation of risks and responsibilities

Optional Sections

1. Service Levels: Specific performance metrics and monitoring requirements - include when specific service levels need to be monitored

2. Business Continuity: Disaster recovery and business continuity provisions - include for critical service arrangements

3. Sub-contracting: Terms governing use of sub-contractors - include when sub-contracting is contemplated

4. International Transfers: Provisions for cross-border transfers - include when international transfers are involved

Suggested Schedules

1. Service Description Schedule: Detailed description of services to be provided

2. Fee Schedule: Detailed breakdown of fees and charges

3. Service Level Agreement: Detailed performance metrics and reporting requirements

4. Data Protection Schedule: GDPR and data protection specific requirements

5. Operating Procedures: Detailed operational procedures and processes

6. Contact Details: Key personnel and escalation contacts

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 requirements for financial activities

Payment Services Regulations 2017: Regulations governing payment services, including requirements for payment institutions and payment service providers

Electronic Money Regulations 2011: Regulations specific to electronic money institutions and electronic money issuance

Money Laundering Regulations 2017: Requirements for preventing and detecting money laundering in financial transactions

FCA Handbook: Detailed regulatory requirements and guidance from the Financial Conduct Authority

UK GDPR: Post-Brexit data protection regulation governing the processing of personal data

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

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract

Consumer Rights Act 2015: Protection for consumers in contracts with businesses, including financial services

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

Proceeds of Crime Act 2002: Criminal law regarding money laundering and proceeds of crime

Terrorism Act 2000: Legislation concerning terrorist financing and related financial crimes

Criminal Finances Act 2017: Enhancement of proceeds of crime legislation and tax evasion measures

SWIFT Regulations: International standards and rules governing SWIFT financial messaging system

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

Consumer Protection from Unfair Trading Regulations 2008: Protection against unfair commercial practices in financial services

Companies Act 2006: Primary legislation governing company operations and corporate governance in the UK

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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