Entrusted Payment Agreement for Germany

Entrusted Payment Agreement Template for Germany

A comprehensive legal agreement governed by German law that establishes and regulates the relationship between a principal and a payment agent for the management and disbursement of entrusted funds. The document details the mechanisms for handling payments, specifies compliance requirements under German banking and payment services regulations, and outlines the rights, obligations, and liabilities of all parties involved. It incorporates necessary provisions to ensure compliance with German financial regulations, including the Payment Services Supervision Act (ZAG) and the Banking Act (KWG), while establishing clear procedures for payment processing and account management.

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What is a Entrusted Payment Agreement?

The Entrusted Payment Agreement is essential in situations where one party needs to delegate payment management responsibilities to a professional payment agent under German law. This document is commonly used in complex financial transactions, real estate developments, project finance, and other scenarios requiring structured payment arrangements. The agreement ensures compliance with German banking regulations, particularly the Zahlungsdiensteaufsichtsgesetz (ZAG) and related financial services laws. It includes detailed provisions for payment processing, account management, compliance requirements, and risk allocation between parties. The document is particularly relevant when there's a need for transparent and secure handling of funds, especially in transactions involving multiple parties or requiring specific payment timing and conditions.

What sections should be included in a Entrusted Payment Agreement?

1. Parties: Identification of the principal, the payment agent, and any other relevant parties

2. Background: Context of the agreement and the purpose of the entrusted payment arrangement

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

4. Appointment and Scope: Formal appointment of the payment agent and scope of services

5. Payment Instructions: Process for giving and executing payment instructions

6. Account Management: Details of the entrusted account(s) and how they will be managed

7. Fees and Expenses: Payment agent's compensation and reimbursable expenses

8. Obligations of the Payment Agent: Duties and responsibilities of the payment agent

9. Obligations of the Principal: Duties and responsibilities of the principal

10. Compliance Requirements: Anti-money laundering and regulatory compliance obligations

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

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

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

14. Confidentiality: Protection of confidential information

15. Data Protection: GDPR compliance and data protection measures

16. Governing Law and Jurisdiction: Application of German law and jurisdiction

17. Miscellaneous: Standard boilerplate provisions including notices, amendments, etc.

What sections are optional to include in a Entrusted Payment Agreement?

1. Force Majeure: Provisions for handling unforeseen circumstances - include if requested by parties or if handling high-value transactions

2. Audit Rights: Rights to audit the payment agent's records - include for complex or high-value arrangements

3. Insurance: Insurance requirements for the payment agent - include for high-value transactions

4. Service Levels: Specific performance metrics and standards - include if regular payment processing is required

5. Subcontracting: Rights and restrictions regarding subcontracting - include if payment agent may need to delegate duties

6. Anti-Corruption: Specific anti-corruption provisions - include for international transactions or public sector involvement

7. Business Continuity: Disaster recovery and business continuity requirements - include for critical payment arrangements

What schedules should be included in a Entrusted Payment Agreement?

1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees and charges

2. Schedule 2 - Authorized Persons: List of persons authorized to give payment instructions

3. Schedule 3 - Payment Processing Procedures: Detailed operational procedures for processing payments

4. Schedule 4 - Account Details: Details of all relevant bank accounts and payment routing information

5. Schedule 5 - Service Levels: Detailed service level requirements and metrics (if applicable)

6. Appendix A - Form of Payment Instruction: Standard template for payment instructions

7. Appendix B - Compliance Documentation: Required forms and documents for regulatory compliance

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

Payment Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
Relevant Industries

Banking & Financial Services

Real Estate

Construction

Investment Management

Private Equity

Infrastructure

Corporate Finance

International Trade

Project Finance

Insurance

Technology & Software

Relevant Teams

Legal

Finance

Treasury

Compliance

Operations

Risk Management

Payment Operations

Corporate Banking

Transaction Management

Fund Administration

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Payment Operations Manager

Compliance Officer

Legal Counsel

Corporate Lawyer

Account Manager

Financial Controller

Project Finance Manager

Transaction Manager

Risk Manager

Operations Director

Banking Relationship Manager

Fund Administrator

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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