Cash Management Agreement for Germany

Cash Management Agreement Template for Germany

A comprehensive agreement governed by German law that establishes the terms and conditions for cash management services provided by a financial institution to a corporate client. The document outlines the scope of services, account operations, security procedures, fees, and regulatory compliance requirements under German banking regulations, including the German Banking Act (KWG) and Payment Services Supervision Act (ZAG). It addresses authentication procedures, liability allocation, and operational protocols while ensuring compliance with German and EU financial regulations.

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What is a Cash Management Agreement?

The Cash Management Agreement is essential for businesses operating in Germany that require professional cash management services from financial institutions. It is typically used when a company needs to establish a formal relationship with a bank for services such as account management, payments processing, liquidity management, and electronic banking services. The agreement must comply with German banking regulations, including the Kreditwesengesetz (KWG) and relevant EU regulations. This document is particularly important for companies with complex cash management needs, multiple accounts, or group structures requiring centralized treasury operations. The agreement details service scope, operational procedures, security measures, fee structures, and regulatory compliance requirements, providing a comprehensive framework for the banking relationship.

What sections should be included in a Cash Management Agreement?

1. Parties: Identification of the contracting parties - typically the bank and the client company

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

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

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

5. Account Structure and Operation: Details of account setup, operation, and management

6. Authorization and Access: Rules regarding account access, authorized persons, and security procedures

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

8. Fees and Charges: Details of all fees, charges, and payment terms

9. Representations and Warranties: Standard representations and warranties from both parties

10. Obligations of the Parties: Specific obligations of both the bank and the client

11. Security and Technical Requirements: Security measures and technical requirements for using the services

12. Confidentiality: Provisions regarding confidential information and data protection

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

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

15. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction

16. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, etc.

What sections are optional to include in a Cash Management Agreement?

1. Pooling Services: Details of cash pooling arrangements if zero-balancing or target balancing is required

2. Investment Services: Terms for automatic investment of excess funds if investment services are included

3. Multi-Currency Services: Specific provisions for handling multiple currencies if required

4. Electronic Banking Services: Additional terms for electronic banking access and services if provided

5. Group Company Provisions: Additional terms for group companies if the agreement covers multiple entities

6. SEPA-Specific Provisions: Specific terms for SEPA payments if required

7. Force Majeure: Detailed force majeure provisions if required beyond standard provisions

8. Service Level Agreement: Specific service levels and performance metrics if required

What schedules should be included in a Cash Management Agreement?

1. Schedule 1 - Service Description: Detailed description of each cash management service provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees and charges

3. Schedule 3 - Account List: List of all accounts covered by the agreement

4. Schedule 4 - Authorized Persons: List of authorized persons and their access rights

5. Schedule 5 - Technical Requirements: Detailed technical specifications and requirements

6. Schedule 6 - Security Procedures: Detailed security procedures and protocols

7. Schedule 7 - Service Level Details: Specific service levels and performance metrics

8. Appendix A - Forms: Standard forms for instructions, changes to authorized persons, etc.

9. Appendix B - Contact Details: Contact information for both parties

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking and Financial Services

Manufacturing

Retail

Technology

Healthcare

Energy

Telecommunications

Transportation and Logistics

Construction

Professional Services

Consumer Goods

Industrial

Real Estate

Agriculture

Automotive

Relevant Teams

Treasury

Finance

Legal

Compliance

Banking Operations

Account Management

Financial Control

Risk Management

Corporate Banking

Financial Operations

Relevant Roles

Treasury Manager

Chief Financial Officer

Finance Director

Cash Manager

Corporate Banking Manager

Financial Controller

Treasury Operations Manager

Account Manager

Relationship Manager

Legal Counsel

Compliance Officer

Head of Finance

Banking Operations Manager

Senior Finance Manager

Treasury Analyst

Financial Services 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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