The Cash Deposit Agreement is a fundamental banking document used to establish and govern the relationship between a bank and its depositors in Belgium. It is essential for both retail and corporate banking relationships, setting out the terms under which the bank accepts and manages deposits, pays interest (if applicable), and provides related services. The agreement must comply with Belgian banking regulations, including the Belgian Banking Law of 2014, anti-money laundering legislation, and EU directives such as GDPR and the Deposit Guarantee Scheme. This document is particularly important in the Belgian context due to specific local banking practices and regulatory requirements, including bilingual considerations (French/Dutch) in certain regions.
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1. Parties: Identification of the depositor and the bank/financial institution
2. Background: Context of the agreement and purpose of the deposit arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Deposit Terms: Core terms including amount, currency, and duration of the deposit
5. Account Operation: Rules for operating the deposit account, including deposits and withdrawals
6. Interest: Interest calculation method, rate, and payment terms
7. Fees and Charges: Any applicable fees or charges related to the deposit account
8. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority
9. Anti-Money Laundering: Compliance requirements and obligations regarding AML regulations
10. Data Protection: GDPR compliance and data processing terms
11. Term and Termination: Duration of agreement and termination provisions
12. Notices: Communication methods and contact details for notices
13. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction
1. Online Banking Services: Terms for digital access to the deposit account, included when online services are provided
2. Corporate Authority: Additional provisions for corporate depositors regarding authority and signing powers
3. Tax Provisions: Specific tax-related terms, included for interest-bearing deposits or international clients
4. Security Measures: Additional security requirements for large deposits or corporate accounts
5. Related Services: Terms for additional banking services linked to the deposit account
6. Foreign Currency Provisions: Additional terms for deposits in non-EUR currencies
1. Schedule 1 - Account Details: Specific details of the deposit account(s) including account numbers and initial deposit amount
2. Schedule 2 - Interest Rate Sheet: Current applicable interest rates and calculation methods
3. Schedule 3 - Fee Schedule: Detailed breakdown of applicable fees and charges
4. Schedule 4 - Authorized Signatories: List of authorized persons who can operate the account (for corporate clients)
5. Schedule 5 - KYC Requirements: List of required documentation for regulatory compliance
6. Appendix A - Account Opening Form: Standard form for collecting account holder information
7. Appendix B - Specimen Signature Card: Form for recording authorized signatures
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