The Cash Management Services Agreement is a critical document used when establishing a formal relationship between a bank and a corporate client for the provision of cash management services in Indonesia. It is essential for businesses requiring sophisticated banking solutions such as account management, payments processing, collections, liquidity management, and electronic banking services. The agreement must comply with Indonesian banking regulations, including Law No. 7 of 1992 on Banking (as amended), Bank Indonesia regulations, and OJK requirements. It typically includes detailed service descriptions, implementation procedures, security protocols, and fee structures, while addressing specific local requirements such as language requirements under Law No. 24 of 2009. This document is particularly important for organizations seeking to optimize their treasury operations and establish efficient cash management systems within the Indonesian regulatory framework.
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1. Parties: Identification of the bank and the client, including their complete legal names, registration numbers, and addresses
2. Background: Context of the agreement, including the bank's authority to provide cash management services and the client's desire to obtain such services
3. Definitions: Detailed definitions of terms used throughout the agreement, including technical banking terms and service-specific terminology
4. Scope of Services: Overview of the cash management services to be provided, including basic service descriptions and general implementation principles
5. Appointment and Authority: Formal appointment of the bank as the cash management service provider and the scope of authority granted by the client
6. Account Operations: Rules and procedures for operating the accounts, including account structures, authorized signatories, and operational mandates
7. Service Implementation: Procedures for implementing the services, including setup requirements, testing phases, and activation processes
8. Security and Access: Security measures, access controls, and authentication procedures for electronic banking services
9. Instructions and Communications: Procedures for giving instructions, forms of communication, and cut-off times
10. Fees and Charges: Fee structure, payment terms, and procedures for fee modifications
11. Representations and Warranties: Standard representations and warranties from both parties
12. Rights and Obligations: Detailed rights and obligations of both the bank and the client
13. Anti-Money Laundering and Compliance: Compliance requirements with Indonesian AML regulations and other applicable laws
14. Confidentiality: Confidentiality obligations and permitted disclosures
15. Liability and Indemnity: Limitations of liability and indemnification provisions
16. Force Majeure: Force majeure events and their consequences
17. Term and Termination: Duration of the agreement and termination provisions
18. Governing Law and Jurisdiction: Application of Indonesian law and jurisdiction for dispute resolution
19. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Electronic Banking Services: Detailed terms for electronic banking platforms, used when online services are part of the package
2. International Services: Additional terms for cross-border services, included when international cash management services are required
3. Group Company Arrangements: Terms for including client's group companies in the service arrangement, used for corporate groups
4. Business Continuity: Detailed business continuity and disaster recovery procedures, included for critical service arrangements
5. Service Level Agreement: Specific service levels and performance metrics, included when detailed service standards are required
6. Data Protection: Enhanced data protection terms, included when processing sensitive personal data
7. Third-Party Service Providers: Terms governing the use of third-party providers, included when external service providers are involved
8. Transition Services: Terms governing service transition, included when complex implementation or exit arrangements are needed
1. Schedule 1 - Service Descriptions: Detailed descriptions of each cash management service to be provided
2. Schedule 2 - Fee Schedule: Detailed fee structure including all charges and payment terms
3. Schedule 3 - Implementation Plan: Timeline and requirements for service implementation
4. Schedule 4 - Operational Procedures: Detailed operating procedures for each service
5. Schedule 5 - Account Structure: Details of account setup and structure
6. Schedule 6 - Security Procedures: Detailed security protocols and procedures
7. Schedule 7 - Authorized Persons: List of authorized persons and their permissions
8. Schedule 8 - Form of Service Amendment: Template for future service amendments
9. Appendix A - Technical Requirements: Technical specifications and requirements for electronic services
10. Appendix B - Service Level Metrics: Detailed service level agreements and performance metrics
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