Funds Transfer Agent Agreement Template for United States

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Key Requirements PROMPT example:

Funds Transfer Agent Agreement

"Need a Funds Transfer Agent Agreement for our US-based commercial bank to appoint ABC Financial Services as our transfer agent, with specific provisions for international wire transfers and cryptocurrency handling, to be effective from March 1, 2025."

Document background
The Funds Transfer Agent Agreement is essential when a financial institution needs to engage a specialized agent to handle its fund transfer operations. This agreement, governed by U.S. federal and state laws, is particularly important in ensuring compliance with regulatory requirements while establishing clear operational procedures. It covers critical aspects such as transfer processing, security protocols, compliance with anti-money laundering regulations, and reporting requirements. The agreement is designed to protect all parties involved while ensuring efficient and secure transfer of funds in accordance with applicable U.S. banking and securities regulations.
Suggested Sections

1. Parties: Identification of the contracting parties including legal names and addresses

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Appointment and Authority: Formal appointment of transfer agent and scope of authority

5. Services and Obligations: Detailed description of transfer agent's duties and responsibilities

6. Fees and Payment Terms: Compensation structure and payment details

7. Compliance Requirements: Regulatory compliance obligations and procedures

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

Optional Sections

1. International Transfers: Additional provisions for handling cross-border transfers, including compliance with international regulations and specific procedures

2. Special Asset Classes: Specific provisions for handling particular types of assets requiring special treatment or additional compliance measures

3. Sub-agent Provisions: Terms governing the appointment, oversight, and liability of sub-agents when needed for service delivery

Suggested Schedules

1. Fee Schedule: Detailed breakdown of all fees and charges applicable to the transfer agent services

2. Service Level Agreement: Specific performance metrics and service standards for the transfer agent

3. Operating Procedures: Detailed procedures for processing transfers and maintaining records

4. Compliance Procedures: Detailed AML/KYC procedures and requirements

5. Security Protocols: Information security and data protection requirements and 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

Clauses
Industries

Electronic Fund Transfer Act (EFTA): Federal law that establishes the basic rights, liabilities, and responsibilities of consumers who use electronic fund transfer services and of financial institutions or other persons that offer these services

Regulation E: Implementing regulation for EFTA that provides a framework for establishing rights, liabilities, and responsibilities of participants in electronic fund transfer systems

Bank Secrecy Act (BSA): Requires financial institutions to assist government agencies in detecting and preventing money laundering, including reporting requirements for cash transactions

USA PATRIOT Act: Enhances BSA requirements with additional due diligence and customer identification procedures to prevent terrorism financing

UCC Article 4A: Uniform Commercial Code article governing wholesale wire transfers between financial institutions and commercial entities

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to explain their information-sharing practices and protect sensitive customer data

SEC Regulations: Securities and Exchange Commission rules governing financial institutions and their operations, particularly relevant if the transfers involve securities

Federal Reserve Requirements: Standards and regulations set by the Federal Reserve for financial institutions involved in funds transfer activities

FinCEN Regulations: Financial Crimes Enforcement Network requirements for reporting and compliance to prevent financial crimes

OFAC Compliance: Office of Foreign Assets Control requirements ensuring transfers don't involve sanctioned entities or countries

State Money Transmitter Laws: State-specific regulations governing money transmission services and licensing requirements

NACHA Rules: Operating rules for the ACH Network, establishing rights and obligations of financial institutions in ACH transactions

SWIFT Guidelines: International payment messaging standards and requirements for cross-border transfers

AML Requirements: Anti-Money Laundering procedures and protocols required for financial institutions to prevent money laundering

KYC Procedures: Know Your Customer requirements for verifying the identity of clients and assessing their suitability

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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