Entrusted Payment Agreement for Singapore

Entrusted Payment Agreement Template for Singapore

An Entrusted Payment Agreement under Singapore law is a legally binding document that establishes an arrangement where one party (the entrustor) authorizes another party (the trustee) to manage and execute specific payments on their behalf. The agreement, governed by Singapore's Contract Law and relevant financial regulations, outlines the terms, conditions, and obligations of all parties involved, including payment schedules, authorization procedures, and security measures. It incorporates compliance requirements under Singapore's Payment Services Act and banking regulations, making it particularly suitable for structured financial transactions requiring third-party payment management.

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What is a Entrusted Payment Agreement?

The Entrusted Payment Agreement serves as a crucial instrument in situations where parties require secure and structured payment arrangements through a trusted intermediary. This document is particularly relevant in Singapore's sophisticated financial landscape, where complex payment arrangements are common in various business contexts. The agreement typically details payment mechanisms, authorization protocols, compliance requirements, and risk management measures. It's designed to align with Singapore's robust regulatory framework, including the Payment Services Act 2019 and MAS guidelines, making it an essential tool for businesses requiring managed payment services with proper oversight and control.

What sections should be included in a Entrusted Payment Agreement?

1. Parties: Identification and details of all parties involved in the agreement

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

3. Definitions: Key terms used throughout the agreement

4. Appointment: Terms of appointment of the entrusted party

5. Payment Terms: Details of payment amounts, timing, and mechanisms

6. Obligations of Parties: Duties and responsibilities of each party

7. Compliance with Laws: Requirements for compliance with relevant Singapore laws and regulations

8. Representations and Warranties: Standard declarations and assurances from all parties

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

10. Governing Law and Jurisdiction: Specification of Singapore law as governing law and jurisdiction for disputes

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

1. Security Arrangements: Additional security measures for payments, recommended for high-value transactions or high-risk arrangements

2. Force Majeure: Provisions for unforeseen circumstances affecting the ability to perform obligations

3. Confidentiality: Protection of sensitive information and trade secrets

4. Data Protection: Compliance with Personal Data Protection Act and data handling procedures

5. Anti-Money Laundering: Specific provisions for compliance with AML regulations and reporting requirements

What schedules should be included in a Entrusted Payment Agreement?

1. Schedule 1 - Payment Schedule: Detailed breakdown of payment amounts, dates, and conditions

2. Schedule 2 - Bank Account Details: Specified accounts for payments and transfers

3. Schedule 3 - Authorization Matrix: List of authorized personnel and their approval limits

4. Schedule 4 - KYC Requirements: Required identification and verification documents for regulatory compliance

5. Schedule 5 - Service Level Agreement: Specific performance metrics and service standards

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

Singapore

Publisher

Genie AI

Document Type

Payment Agreement

Sector

Banking

Cost

Free to use
Industries

Contract Law (Chapter 2): Primary legislation governing contract formation, validity, and enforcement in Singapore

Civil Law Act (Chapter 43): Fundamental legislation governing civil matters and contractual relationships in Singapore

Banking Act (Chapter 19): Regulates banking operations and financial transactions in Singapore

Payment Services Act 2019: Governs payment systems and payment service providers in Singapore

Electronic Transactions Act (Chapter 88): Provides legal framework for electronic transactions and digital signatures

Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act: Contains anti-money laundering provisions relevant to payment handling

Personal Data Protection Act 2012: Governs the collection, use, and disclosure of personal data in Singapore

MAS Guidelines: Regulatory guidelines issued by the Monetary Authority of Singapore for financial transactions

Payment Services Regulations: Specific regulations governing payment services and service providers

Trust Law Principles: Common law principles governing trustee obligations and responsibilities

Agency Law Principles: Common law principles governing principal-agent relationships

Fiduciary Duties: Legal obligations of trust and loyalty in handling entrusted funds

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