Cash Account Management Agreement for Hong Kong

Cash Account Management Agreement Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that establishes and regulates the relationship between a financial institution and an account holder for the management of cash accounts. The document outlines the terms and conditions for account operation, including services provided, fees, security measures, and compliance requirements under Hong Kong banking regulations. It incorporates provisions for electronic banking, anti-money laundering compliance, and data privacy protection in accordance with Hong Kong's regulatory framework.

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What is a Cash Account Management Agreement?

The Cash Account Management Agreement serves as the foundational document governing the relationship between financial institutions and their clients in Hong Kong for cash account services. This agreement is essential when establishing new banking relationships or updating existing account arrangements to comply with current regulatory requirements. It encompasses comprehensive terms for account operation, including security protocols, electronic banking services, and compliance with Hong Kong's banking regulations, particularly the Banking Ordinance (Cap. 155) and Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615). The document is designed to protect both parties' interests while ensuring operational efficiency and regulatory compliance in the Hong Kong banking context.

What sections should be included in a Cash Account Management Agreement?

1. Parties: Identification of the bank and the account holder(s)

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

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

4. Scope of Services: Overview of account management services provided under the agreement

5. Account Opening and Operation: Requirements and procedures for opening and operating the account

6. Authority and Instructions: Procedures for giving instructions and authority levels

7. Fees and Charges: Details of applicable fees, charges, and payment terms

8. Interest: Interest calculation, payment, and variation terms

9. Account Statements and Records: Provisions regarding account statements, frequency, and record-keeping

10. Security and Access: Security measures and access protocols for the account

11. Client Obligations: Client's responsibilities and compliance requirements

12. Bank's Rights and Obligations: Bank's responsibilities, rights, and service commitments

13. Anti-Money Laundering Compliance: AML/CTF compliance requirements and procedures

14. Data Privacy and Confidentiality: Handling of personal data and confidential information

15. Liability and Indemnity: Limitation of liability and indemnification provisions

16. Amendment and Variation: Procedures for changing agreement terms

17. Termination: Conditions and procedures for terminating the agreement

18. Governing Law and Jurisdiction: Hong Kong law as governing law and jurisdiction provisions

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

1. Electronic Banking Services: Include when offering online or mobile banking services

2. Foreign Currency Services: Include for accounts offering foreign currency transactions

3. Joint Account Provisions: Include for joint account holders

4. Corporate Account Provisions: Include for corporate clients with specific governance requirements

5. Linked Services: Include when offering additional services linked to the account

6. Special Instructions: Include for accounts requiring special handling or instructions

7. Force Majeure: Include detailed force majeure provisions if required by bank policy

8. Tax Compliance: Include specific tax-related provisions if required for certain client types

What schedules should be included in a Cash Account Management Agreement?

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

2. Schedule 2 - Interest Rate Table: Current interest rates and calculation methods

3. Schedule 3 - Authorized Signatories: List of authorized signatories and signing requirements

4. Schedule 4 - Account Opening Forms: Standard forms required for account opening

5. Schedule 5 - Service Level Details: Detailed description of service levels and operational procedures

6. Appendix A - Required Documentation: List of required documents for account opening and maintenance

7. Appendix B - Security Procedures: Detailed security procedures and protocols

8. Appendix C - Electronic Banking Terms: Specific terms for electronic banking services if applicable

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

Hong Kong

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Relevant Industries

Banking

Financial Services

Corporate Services

Retail

Manufacturing

Technology

Healthcare

Education

Professional Services

Real Estate

Trading

Import/Export

Logistics

Hospitality

Relevant Teams

Legal

Compliance

Finance

Treasury

Operations

Risk Management

Client Services

Audit

Corporate Secretarial

Banking Operations

Relevant Roles

Chief Financial Officer

Treasury Manager

Financial Controller

Compliance Officer

Legal Counsel

Account Manager

Relationship Manager

Operations Manager

Risk Manager

Corporate Secretary

Finance Director

Banking Operations Officer

Audit Manager

Treasury Analyst

Finance Manager

Industries
Teams

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