This Funds Transfer Agreement template is designed for use in the Australian financial services sector when establishing formal arrangements for the provision of funds transfer services. The agreement is particularly relevant in the context of Australian banking and payment systems regulations, incorporating compliance requirements from AUSTRAC, APRA, and ASIC. It's typically used when financial institutions, payment service providers, or fintech companies are establishing new funds transfer relationships with business clients or other financial institutions. The document covers essential aspects such as transfer authorization, security procedures, fee structures, compliance with Anti-Money Laundering legislation, and privacy requirements. It's structured to comply with Australian regulatory requirements while providing flexibility to accommodate various business models and transfer arrangements.
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1. Parties: Identification of the parties entering into the agreement, including full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the funds transfer arrangement
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Services Scope: Detailed description of the funds transfer services to be provided
5. Authorization and Security: Requirements for authorizing transfers and security procedures
6. Execution of Transfer Orders: Process and requirements for initiating and executing transfer orders
7. Fees and Charges: Structure and calculation of fees, charges, and payment terms
8. Compliance Requirements: AML/CTF obligations, reporting requirements, and regulatory compliance
9. Privacy and Data Protection: Handling of personal and financial information, data security measures
10. Representations and Warranties: Core promises and statements made by each party
11. Risk Allocation: Distribution of risks and responsibilities between parties
12. Liability and Indemnification: Limitations of liability and indemnification obligations
13. Term and Termination: Duration of agreement and circumstances for termination
14. Dispute Resolution: Process for handling disputes between parties
15. General Provisions: Standard boilerplate clauses including governing law, notices, and amendments
1. International Transfers: Additional provisions for cross-border transfers, including forex considerations and international regulations
2. Special Customer Categories: Specific provisions for high-risk customers or specialized business categories
3. Payment System Requirements: Specific requirements when using particular payment systems or networks
4. Business Continuity: Disaster recovery and business continuity procedures
5. Third-Party Service Providers: Provisions regarding the use and liability of third-party service providers
6. API Integration: Technical requirements for API integration and maintenance
7. Insurance Requirements: Specific insurance coverage requirements for higher-risk arrangements
8. Audit Rights: Detailed audit and inspection rights for complex arrangements
1. Fee Schedule: Detailed breakdown of all fees, charges, and commission structures
2. Service Level Agreement: Performance metrics, response times, and service standards
3. Security Procedures: Detailed security protocols and authentication requirements
4. Authorized Personnel: List of authorized persons and their authority levels
5. Technical Requirements: Technical specifications for systems and interfaces
6. Compliance Procedures: Detailed AML/CTF procedures and compliance requirements
7. Form of Transfer Orders: Standard templates and requirements for transfer orders
8. Contact Details: Key contact information for operational and emergency situations
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