Cash Management Agreement Template for Netherlands

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Key Requirements PROMPT example:

Cash Management Agreement

"I need a Cash Management Agreement for our Dutch parent company and its five European subsidiaries, with zero-balancing cash pooling structure and multi-currency capabilities, to be implemented by March 2025."

Document background
The Cash Management Agreement is essential for businesses operating in the Netherlands that require professional cash management services from banks. This document is typically used when a company needs to establish a formal relationship with a bank for services such as cash pooling, payment processing, account management, and electronic banking services. The agreement, governed by Dutch law and compliant with EU regulations, provides comprehensive coverage of operational procedures, security measures, and service levels. It is particularly important for organizations with complex treasury operations, multiple accounts, or group structures requiring sophisticated cash management solutions. The document ensures compliance with Dutch financial regulations, including the Financial Supervision Act (Wft) and Anti-Money Laundering legislation, while establishing clear rights and obligations for both the bank and the client.
Suggested Sections

1. Parties: Identification of the bank providing cash management services and the client company

2. Background: Context of the agreement and brief description of the cash management services to be provided

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of cash management services to be provided

5. Account Structure: Description of account setup, including master account and sub-accounts

6. Operating Procedures: Day-to-day operational procedures for cash management services

7. Bank's Obligations: Detailed responsibilities and duties of the bank

8. Client's Obligations: Client's responsibilities including providing information and maintaining minimum balances

9. Fees and Charges: Fee structure, payment terms, and billing procedures

10. Instructions and Communications: Procedures for giving instructions and communication between parties

11. Security and Access: Security measures and access rights to banking systems

12. Representations and Warranties: Standard legal representations and warranties from both parties

13. Liability and Indemnification: Limitations of liability and indemnification provisions

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

15. Confidentiality: Protection of confidential information

16. General Provisions: Standard legal provisions including governing law, notices, and amendments

Optional Sections

1. Pooling Arrangements: Details of cash pooling structures when multiple accounts or entities are involved

2. Foreign Exchange Services: Terms for foreign exchange services if multiple currencies are involved

3. Interest and Pricing: Detailed interest calculations and pricing structures for more complex arrangements

4. Group Company Provisions: Additional provisions for group companies if the agreement covers multiple entities

5. Electronic Banking Services: Specific terms for electronic banking platforms and services

6. Business Continuity: Provisions for business continuity and disaster recovery if required by client

7. Anti-Money Laundering Compliance: Detailed AML provisions for high-risk clients or complex structures

8. Tax Provisions: Specific tax-related provisions for international arrangements

Suggested Schedules

1. Schedule 1 - Account Details: List of all accounts covered by the agreement including account numbers and currencies

2. Schedule 2 - Service Level Agreement: Detailed service levels, response times, and performance metrics

3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees and charges

4. Schedule 4 - Authorized Persons: List of authorized signatories and their respective authority levels

5. Schedule 5 - Technical Requirements: Technical specifications for electronic banking and system requirements

6. Schedule 6 - Operating Procedures Manual: Detailed procedures for daily operations and exceptional situations

7. Schedule 7 - Form of Instructions: Standard forms and formats for giving instructions

8. Appendix A - Implementation Plan: Timeline and steps for implementing the cash management services

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

Banking and Financial Services

Manufacturing

Retail

Technology

Healthcare

Energy

Transportation and Logistics

Real Estate

Construction

Professional Services

Telecommunications

Agriculture

Mining

Education

Non-profit Organizations

Relevant Teams

Treasury

Finance

Legal

Compliance

Operations

Risk Management

Accounting

Banking Relations

Financial Planning & Analysis

Cash Operations

Relevant Roles

Treasury Manager

Chief Financial Officer

Finance Director

Cash Manager

Treasury Operations Manager

Financial Controller

Account Manager

Banking Relationship Manager

Treasury Analyst

Finance Manager

General Counsel

Legal Counsel

Head of Treasury

Senior Treasury Analyst

Working Capital Manager

Liquidity Manager

Industries
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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