The Cash Management Agreement is essential for businesses operating in Malaysia that require comprehensive banking services to manage their cash flows, payments, and collections efficiently. This agreement is typically used when a corporate client engages a bank for services such as account management, liquidity management, payment processing, and electronic banking facilities. The document must comply with Malaysian banking regulations, particularly the Financial Services Act 2013 and Bank Negara Malaysia directives, while also addressing anti-money laundering requirements and data protection laws. It sets out the rights, obligations, and operational procedures for both the bank and the client, including service levels, security measures, and fee structures. This agreement is particularly important for businesses with complex cash management needs or those operating across multiple locations in Malaysia or internationally.

1. Parties: Identification of the financial institution and the client

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

3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation

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

5. Appointment and Authority: Formal appointment of the bank and scope of its authority

6. Account Operations: Rules and procedures for operating the accounts

7. Instructions and Communications: Methods and procedures for giving instructions and communications

8. Security and Access Controls: Security measures, authentication procedures, and access controls

9. Fees and Charges: Payment terms, fee structure, and charging mechanisms

10. Representations and Warranties: Standard legal representations and warranties from both parties

11. Covenants: Ongoing obligations of both parties

12. Liability and Indemnity: Allocation of risks and responsibilities between parties

13. Confidentiality: Protection of confidential information and banking secrecy obligations

14. Force Majeure: Provisions for unforeseen circumstances and their handling

15. Term and Termination: Duration of agreement and termination provisions

16. Governing Law and Jurisdiction: Choice of Malaysian law and jurisdiction provisions