Cash Management Agreement for Nigeria

Cash Management Agreement Template for Nigeria

A comprehensive agreement governed by Nigerian law that establishes the terms and conditions for cash management services provided by a financial institution to a corporate client. The document covers various aspects including account operations, electronic banking services, transaction processing, fees and charges, security measures, and compliance with Nigerian banking regulations. It sets out the rights, obligations, and responsibilities of both the bank and the client while ensuring adherence to the Banks and Other Financial Institutions Act (BOFIA) 2020 and other relevant Nigerian financial regulations.

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What is a Cash Management Agreement?

The Cash Management Agreement is essential for businesses operating in Nigeria that require comprehensive banking services to manage their cash flows, transactions, and treasury operations effectively. This document is typically used when a corporate client needs to establish a formal relationship with a bank for services such as account management, payments processing, collections, liquidity management, and electronic banking services. The agreement must comply with Nigerian banking regulations, particularly the Banks and Other Financial Institutions Act (BOFIA) 2020 and Central Bank of Nigeria guidelines. It includes detailed provisions for service delivery, security protocols, fee structures, and operational procedures, while addressing specific requirements of Nigerian financial regulations and banking practices.

What sections should be included in a Cash Management Agreement?

1. Parties: Identifies the financial institution and the client, including their registration details and addresses

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

3. Definitions and Interpretation: Defines key terms used throughout the agreement and interpretation rules

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

5. Bank's Obligations: Details the responsibilities and duties of the bank in providing the services

6. Client's Obligations: Specifies the client's responsibilities, including providing accurate information and maintaining minimum balances

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

8. Account Operations: Procedures for operating accounts, including authorizations and transaction processing

9. Security and Authentication: Security measures, authentication procedures, and access controls

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

11. Confidentiality: Provisions for protecting confidential information of both parties

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

13. Force Majeure: Provisions for handling events beyond parties' control

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

15. Governing Law and Dispute Resolution: Specifies Nigerian law as governing law and dispute resolution mechanisms

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

1. Foreign Currency Services: Include when services involve foreign currency transactions or international transfers

2. Electronic Banking Services: Include when specific electronic banking platforms or solutions are part of the service

3. Pooling and Netting: Include for clients requiring cash concentration or pooling services

4. Investment Services: Include when automatic investment of excess funds is part of the service

5. Group Company Provisions: Include when services extend to client's group companies or subsidiaries

6. Business Continuity: Include for critical service arrangements requiring specific business continuity provisions

7. Data Protection: Include detailed data protection terms when handling sensitive personal data

8. Anti-Money Laundering Compliance: Include detailed AML provisions for high-risk clients or services

What schedules should be included in a Cash Management Agreement?

1. Schedule 1 - Service Specifications: Detailed technical specifications of each cash management service

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

3. Schedule 3 - Authorized Signatories: List of authorized persons and their signing authorities

4. Schedule 4 - Account Details: List of accounts covered under the agreement

5. Schedule 5 - Operating Procedures: Detailed procedures for day-to-day operations and service requests

6. Schedule 6 - Service Level Agreement: Performance standards and service levels for each service

7. Schedule 7 - Electronic Banking Terms: Specific terms for electronic banking services if applicable

8. Appendix A - Required Forms: Standard forms for service requests and instructions

9. Appendix B - Technical Requirements: Technical specifications for systems and connectivity

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

Nigeria

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking & Financial Services

Manufacturing

Retail & Distribution

Oil & Gas

Telecommunications

Fast-Moving Consumer Goods (FMCG)

Construction & Real Estate

Healthcare & Pharmaceuticals

Agriculture & Agribusiness

Mining & Natural Resources

Transportation & Logistics

Utilities & Infrastructure

Relevant Teams

Treasury

Finance

Legal

Compliance

Operations

Risk Management

Corporate Banking

Transaction Banking

Client Services

Financial Control

Technology & Systems

Accounts

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Cash Management Officer

Financial Controller

Relationship Manager

Operations Manager

Compliance Officer

Legal Counsel

Risk Manager

Account Manager

Treasury Operations Officer

Banking Services Manager

Finance Manager

Corporate Banking Head

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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