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Funds Transfer Agreement Template for England and Wales

A Funds Transfer Agreement is a legally binding document governed by English and Welsh law that establishes the terms and conditions for the transfer of funds between parties. It outlines the responsibilities, security measures, compliance requirements, and operational procedures for executing financial transfers. The agreement incorporates requirements from key legislation including the Payment Services Regulations 2017, Money Laundering Regulations, and data protection laws, while ensuring compliance with FCA regulations.

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What is a Funds Transfer Agreement?

The Funds Transfer Agreement is essential for businesses and financial institutions operating in England and Wales that engage in regular transfer of funds. This document becomes necessary when establishing a formal arrangement for ongoing fund transfers, whether domestic or international. The agreement covers crucial aspects such as security protocols, compliance with financial regulations, service levels, and fee structures. It is particularly important in the context of increasing regulatory scrutiny and the need for clear documentation of financial arrangements under UK financial services legislation.

What sections should be included in a Funds Transfer Agreement?

1. Parties: Identification of the parties to the agreement

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Service Description: Details of the funds transfer service

5. Fee Structure: Pricing and payment terms

6. Execution Requirements: Process for initiating and executing transfers

7. Security Procedures: Authentication and security measures

8. Compliance Obligations: AML/KYC requirements and regulatory compliance

What sections are optional to include in a Funds Transfer Agreement?

1. Consumer Protection Provisions: Additional provisions required when the agreement involves retail customers

2. Cross-Border Provisions: Additional requirements and terms for international transfers

3. Currency Conversion: Terms and conditions for foreign exchange transactions in multi-currency transfers

What schedules should be included in a Funds Transfer Agreement?

1. Fee Schedule: Detailed breakdown of all applicable fees and charges

2. Service Level Agreement: Performance metrics and service standards

3. Security Protocols: Detailed security procedures and requirements

4. Authorized Persons: List of individuals authorized to initiate transfers

5. Technical Requirements: Technical specifications for system integration

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

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Credit Agreement

Sector

Banking

Cost

Free to use

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