Cash Management Agreement for the United States

Cash Management Agreement Template for United States

A Cash Management Agreement is a legally binding contract used in the United States that establishes the terms and conditions under which a financial institution provides cash management services to a corporate client. The agreement covers aspects such as account structure, service offerings, fees, security procedures, and operational requirements, while ensuring compliance with U.S. banking regulations, including the Bank Secrecy Act and Anti-Money Laundering requirements.

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What is a Cash Management Agreement?

The Cash Management Agreement serves as the primary document governing the relationship between financial institutions and their corporate clients for cash management services in the United States. This agreement is essential when companies need comprehensive treasury services, including account management, fund transfers, payment processing, and reporting capabilities. It addresses crucial aspects such as security measures, liability allocation, and regulatory compliance while establishing clear operational procedures and fee structures. The document is designed to comply with U.S. banking regulations and typically includes provisions for electronic banking services, fraud prevention, and account access controls.

What sections should be included in a Cash Management Agreement?

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

2. Background: Context and purpose of the cash management arrangement

3. Definitions: Key terms used throughout the agreement

4. Services: Description of cash management services to be provided

5. Account Structure: Details of account setup and hierarchy

6. Operating Procedures: Day-to-day operational requirements and processes

7. Fees and Charges: Pricing structure and payment terms

8. Security Procedures: Security measures and authentication requirements

9. Term and Termination: Duration and termination provisions

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

1. International Services: Provisions for cross-border transactions when international cash management services are required

2. Pooling Arrangements: Terms for cash concentration or pooling when multiple accounts are being consolidated

3. Investment Services: Terms for automated investment of excess funds when investment services are part of the arrangement

What schedules should be included in a Cash Management Agreement?

1. Service Schedule: Detailed description of each service offered

2. Fee Schedule: Detailed breakdown of all fees and charges

3. Account Schedule: List of all accounts covered by the agreement

4. Authorized Signatories: List of persons authorized to operate the accounts

5. Technical Requirements: IT and system requirements for electronic services

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

United States

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Uniform Commercial Code (UCC): Federal legislation particularly focusing on Article 9 governing secured transactions, which is crucial for cash management and banking relationships

Bank Secrecy Act (BSA): Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering

Anti-Money Laundering (AML) Regulations: Federal regulations designed to prevent the conversion of illegally obtained money into legitimate assets

USA PATRIOT Act: Federal law that includes provisions for strengthening banking rules against money laundering and terrorist financing

Federal Reserve Regulation CC: Regulation governing funds availability and collection of checks for financial institutions

Electronic Funds Transfer Act (EFTA): Federal law providing a framework for establishing rights and responsibilities of participants in electronic fund transfer systems

Dodd-Frank Wall Street Reform Act: Comprehensive federal law reform affecting financial regulation, including provisions relevant to cash management services

State Banking Regulations: State-specific laws governing banking operations and transactions within individual states

State UCC Modifications: State-specific adoptions and modifications to the Uniform Commercial Code that may affect cash management agreements

State Money Transmitter Laws: State-specific regulations governing money transmission services and requirements

FDIC Regulations: Federal Deposit Insurance Corporation rules governing insured deposits and banking operations

OCC Guidelines: Office of the Comptroller of the Currency guidelines for national banks and federal savings associations

Federal Reserve Board Requirements: Central bank regulations affecting monetary policy and banking operations

CFPB Regulations: Consumer Financial Protection Bureau rules protecting consumers in financial transactions

NACHA Rules: National Automated Clearing House Association operating rules for the ACH Network

Federal Reserve Operating Circulars: Operational guidelines issued by the Federal Reserve for financial services and transactions

KYC Requirements: Know Your Customer compliance requirements for verifying the identity of clients

CIP Requirements: Customer Identification Program requirements for verifying customer identity as part of account opening

SAR Obligations: Suspicious Activity Reporting requirements for financial institutions to report suspicious banking activities

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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