The Financial Framework Partnership Agreement is a specialized legal instrument used in the Swiss financial services sector to establish long-term collaborative relationships between financial institutions or service providers. This document is particularly relevant when parties need to create a structured framework for ongoing financial cooperation while ensuring compliance with Swiss financial regulations, including FINMA requirements and the Swiss Financial Market Supervision Act. It is designed to address complex financial partnerships by incorporating comprehensive terms for operational procedures, risk allocation, compliance obligations, and financial arrangements. The agreement is commonly used in Switzerland's sophisticated financial market for partnerships involving banks, asset managers, financial service providers, and FinTech companies, providing a robust legal foundation for sustainable business relationships while maintaining regulatory compliance.
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1. Parties: Identification and details of all contracting parties, including regulatory status and authorizations
2. Background: Context of the agreement, relationship between parties, and general purpose of the framework partnership
3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules of interpretation
4. Scope of Partnership: Overview of the partnership's scope, activities, and services covered under the agreement
5. Regulatory Compliance: Obligations regarding Swiss financial regulations, including FINMA requirements and other applicable laws
6. Rights and Obligations: Detailed responsibilities and rights of each party under the framework agreement
7. Financial Arrangements: Framework for financial terms, including fee structures, payment terms, and financial reporting requirements
8. Risk Allocation: Distribution of risks between parties and risk management requirements
9. Compliance and Anti-Money Laundering: Specific obligations regarding AML regulations and compliance requirements
10. Data Protection and Confidentiality: Obligations regarding data protection under Swiss law and confidentiality requirements
11. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
12. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law
13. General Provisions: Standard legal provisions including notices, amendments, and severability
1. Intellectual Property Rights: Required when the partnership involves development or use of proprietary systems or technology
2. Cross-Border Provisions: Necessary when the partnership involves cross-border activities or international parties
3. Insurance Requirements: Detailed insurance obligations when specific coverage is required for the partnership
4. Business Continuity: Required for partnerships where service continuity is critical
5. Audit Rights: Detailed audit provisions when regular auditing of partnership activities is required
6. Marketing and Branding: Required when the partnership involves co-branding or joint marketing activities
7. Personnel and Training: Necessary when the partnership requires specific staffing or training requirements
1. Schedule 1 - Services Description: Detailed description of services covered under the partnership framework
2. Schedule 2 - Fee Schedule: Detailed fee structures, calculations, and payment terms
3. Schedule 3 - Service Levels: Performance metrics and service level requirements
4. Schedule 4 - Compliance Procedures: Detailed compliance and AML procedures
5. Schedule 5 - Operating Procedures: Day-to-day operational procedures and requirements
6. Schedule 6 - Security and Data Protection Requirements: Detailed security protocols and data protection measures
7. Appendix A - Contact Details: Key contacts and escalation procedures
8. Appendix B - Required Forms and Templates: Standard forms and templates used in the partnership
9. Appendix C - Regulatory Authorizations: Copies of relevant regulatory licenses and authorizations
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