Inter Corporate Deposit Agreement for Germany

Inter Corporate Deposit Agreement Template for Germany

This document is a German law-governed Inter Corporate Deposit Agreement that establishes the terms and conditions for a deposit arrangement between two corporate entities. It details the deposit amount, duration, interest rates, and withdrawal terms in compliance with German banking and corporate laws. The agreement includes provisions for regulatory compliance, tax considerations, and necessary security arrangements while adhering to German documentation requirements and banking regulations. It serves as a formal contract protecting both the depositor's and deposit-taking entity's interests while ensuring legal enforceability under German jurisdiction.

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What is a Inter Corporate Deposit Agreement?

The Inter Corporate Deposit Agreement is utilized when one corporate entity wishes to deposit funds with another corporate entity, typically for treasury management or inter-company financing purposes. This document, governed by German law, establishes the legal framework for such deposits, ensuring compliance with German banking regulations (KWG) and corporate laws. It includes essential details such as deposit amount, term, interest calculations, withdrawal procedures, and regulatory requirements. The agreement is particularly relevant for group companies managing their liquidity, corporations seeking better returns on excess funds, or businesses establishing strategic financial relationships. It incorporates necessary provisions for tax compliance, regulatory reporting, and risk management while adhering to German documentation standards and banking practices.

What sections should be included in a Inter Corporate Deposit Agreement?

1. Parties: Identification of the depositor and deposit-taking corporation, including registration details as required under German law

2. Background: Context of the agreement and relationship between the parties

3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including German law-specific terms

4. Deposit Amount and Term: Specification of the deposit amount, currency, and duration of the deposit

5. Interest: Interest rate, calculation method, and payment frequency in compliance with German interest rate regulations

6. Deposit and Withdrawal Procedures: Procedures for making the initial deposit and subsequent withdrawals

7. Representations and Warranties: Standard representations and warranties from both parties, including corporate authority and compliance with German law

8. Covenants: Ongoing obligations of both parties during the term of the agreement

9. Events of Default: Circumstances constituting default and consequences

10. Taxation: Treatment of taxes on interest and principal payments

11. Notices: Communication procedures between parties

12. Governing Law and Jurisdiction: Confirmation of German law governance and jurisdiction of German courts

13. Miscellaneous: Standard boilerplate provisions including severability, amendments, and entire agreement

What sections are optional to include in a Inter Corporate Deposit Agreement?

1. Security: Details of any security provided for the deposit, used when the deposit is secured

2. Group Company Provisions: Additional provisions for deposits between related companies, used in intra-group arrangements

3. Regulatory Compliance: Specific regulatory requirements, used when either party is subject to banking or financial services regulation

4. Set-off Rights: Rights to set off amounts against other obligations, used when parties have multiple financial relationships

5. Early Termination: Provisions for early termination of the deposit, used when early withdrawal might be needed

6. Currency Conversion: Provisions for handling currency conversions, used for cross-border deposits

7. Subordination: Provisions regarding the ranking of the deposit, used when deposit needs to be subordinated to other obligations

What schedules should be included in a Inter Corporate Deposit Agreement?

1. Schedule 1 - Deposit Details: Detailed terms of the deposit including amount, term, interest rate, and payment dates

2. Schedule 2 - Interest Calculation: Detailed methodology for calculating interest

3. Schedule 3 - Account Details: Banking information for deposit and interest payments

4. Schedule 4 - Notice Requirements: Forms and procedures for giving notices under the agreement

5. Schedule 5 - Compliance Documentation: Required documentation for regulatory compliance

6. Appendix A - Corporate Authorizations: Copies of relevant corporate authorizations and powers of attorney

7. Appendix B - KYC Documentation: Required know-your-customer documentation under German law

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

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking & Financial Services

Manufacturing

Technology

Retail

Energy

Healthcare

Infrastructure

Telecommunications

Real Estate

Transportation & Logistics

Chemical Industry

Automotive

Relevant Teams

Treasury

Finance

Legal

Compliance

Risk Management

Corporate Finance

Tax

Company Secretarial

Banking Operations

Financial Control

Regulatory Reporting

Relevant Roles

Treasury Manager

Chief Financial Officer

Finance Director

Corporate Treasurer

Financial Controller

Legal Counsel

Compliance Officer

Risk Manager

Account Manager

Banking Relationship Manager

Corporate Finance Manager

Group Treasurer

Tax Manager

Company Secretary

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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