Memorandum Account Template for Singapore

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Key Requirements PROMPT example:

Memorandum Account

"Need to draft a Memorandum Account agreement for our Singapore subsidiary to track internal treasury transactions between departments, with specific provisions for multi-currency reporting and quarterly reconciliation requirements."

Document background
Memorandum Account agreements are utilized when parties need to track and monitor specific financial activities without creating a traditional bank account. These agreements are particularly relevant in Singapore's sophisticated financial sector, where complex banking arrangements require separate tracking of specific transactions or exposures. The document establishes the framework for maintaining such accounts, including reporting requirements, access rights, and compliance with MAS regulations. The Memorandum Account structure is commonly used for internal accounting, regulatory reporting, or tracking specific financial relationships between parties.
Suggested Sections

1. Parties: Identification of the financial institution and account holder

2. Background: Purpose and context of the memorandum account arrangement

3. Definitions: Key terms used throughout the agreement

4. Account Structure: Details of how the memorandum account operates

5. Recording and Reporting: Requirements for transaction recording and reporting

6. Access and Controls: Security measures and access rights

7. Term and Termination: Duration and termination conditions

Optional Sections

1. Interest Calculations: Provisions for interest calculations when applicable to the memorandum account

2. Foreign Currency Provisions: Rules and procedures for handling multiple currencies in the account

3. Electronic Access: Terms and conditions for digital access to the account

Suggested Schedules

1. Fee Schedule: Details of any applicable fees and charges

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

3. Reporting Templates: Standard formats for required reports

4. Technical Specifications: Technical details for account operation and integration

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
Industries

Banking Act (Cap. 19): Primary legislation governing banking operations and financial institutions in Singapore, providing the fundamental regulatory framework for banking activities

Monetary Authority of Singapore (MAS) Act: Establishes MAS's regulatory authority and powers over financial institutions, including oversight of memorandum accounts

Financial Advisers Act: Regulates financial advisory services and ensures proper disclosure and handling of financial products

MAS Notice 610: Details requirements for submission of statistics and returns, affecting how memorandum accounts must be reported

MAS Notice 1111: Specifies risk-based capital adequacy requirements that may impact memorandum account structures

MAS Guidelines on Fair Dealing: Outlines principles for fair dealing with customers in financial services

Companies Act (Cap. 50): Governs corporate record-keeping requirements and financial reporting obligations

Income Tax Act: Specifies tax reporting obligations and treatment of various financial accounts

Consumer Protection (Fair Trading) Act: Protects consumer interests in financial transactions and services

Personal Data Protection Act 2012: Governs the collection, use, and disclosure of personal data in financial services

Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act: Provides framework for anti-money laundering compliance in financial services

MAS Notice 626: Details requirements for prevention of money laundering and countering the financing of terrorism

Contract Law: Common law principles governing formation and enforcement of contracts in Singapore

Electronic Transactions Act: Governs electronic transactions and digital signatures in financial agreements

MAS Notice 648: Specifies minimum cash balance requirements for financial institutions

Banking (Non-Bank Deposit Taking) Regulations: Regulates deposit-taking activities and related account management requirements

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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