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Paying Agency Agreement for United Arab Emirates

Paying Agency Agreement Template for United Arab Emirates

A comprehensive legal agreement governed by UAE law that establishes the relationship between a principal/issuer and a paying agent, typically a financial institution, for the processing and administration of payments. The agreement details the mechanisms for payment processing, compliance with UAE banking regulations, responsibilities of the paying agent, fee structures, and operational procedures. It incorporates specific requirements under UAE Federal Laws, Central Bank regulations, and where applicable, free zone regulations, ensuring compliance with local banking and financial services requirements.

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Paying Agency Agreement

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What is a Paying Agency Agreement?

The Paying Agency Agreement is a crucial document used in the UAE financial services sector when an entity needs to appoint a financial institution to manage and process payments on its behalf. This agreement is particularly relevant for securities issuances, structured finance transactions, and corporate payment arrangements in the UAE. The document must comply with UAE Federal Law No. 18 of 1993 (Commercial Transactions Law), UAE Federal Decree Law No. 14 of 2018 (Central Bank Law), and other relevant banking regulations. It outlines the appointment terms, payment procedures, compliance requirements, liability provisions, and operational details, taking into account local regulatory requirements and market practices. The agreement is essential for establishing clear procedures and responsibilities in payment processing relationships within the UAE jurisdiction.

What sections should be included in a Paying Agency Agreement?

1. Parties: Identification of the principal (issuer), paying agent, and any other parties to the agreement

2. Background: Context of the agreement, including reference to any related securities or financial instruments

3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation

4. Appointment and Duration: Formal appointment of the paying agent and term of the agreement

5. Duties of the Paying Agent: Core responsibilities including payment processing, record keeping, and reporting

6. Payment Procedures: Detailed procedures for processing payments, including timing and methods

7. Fees and Expenses: Compensation structure for the paying agent's services

8. Compliance Requirements: Obligations regarding UAE banking regulations, AML requirements, and other applicable laws

9. Records and Reporting: Requirements for maintaining records and providing reports to the principal

10. Liability and Indemnification: Scope of paying agent's liability and indemnification provisions

11. Termination: Grounds and procedures for terminating the agreement

12. Confidentiality: Obligations regarding confidential information

13. Governing Law and Jurisdiction: UAE law as governing law and jurisdiction for disputes

14. Miscellaneous: Standard boilerplate provisions including notices, amendments, and assignment

What sections are optional to include in a Paying Agency Agreement?

1. Additional Services: Used when the paying agent provides services beyond basic payment processing

2. Sub-Agents: Include when the paying agent is authorized to appoint sub-agents

3. Force Majeure: Specific provisions for force majeure events affecting payment processing

4. Business Continuity: Required for critical payment services to ensure continuous operation

5. Tax Provisions: Detailed tax procedures when payments involve tax implications

6. Electronic Services: Include when electronic payment systems or platforms are used

7. Data Protection: Required when personal data processing is involved

8. Islamic Finance Compliance: Include for Sharia-compliant payment arrangements

What schedules should be included in a Paying Agency Agreement?

1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms

2. Schedule 2 - Payment Procedures: Step-by-step operational procedures for payment processing

3. Schedule 3 - Authorized Signatories: List of authorized persons who can give instructions

4. Schedule 4 - Form of Notices: Standard forms for various notices under the agreement

5. Schedule 5 - Service Levels: Detailed service level requirements and KPIs

6. Schedule 6 - Compliance Procedures: Detailed AML and regulatory compliance procedures

7. Appendix A - Technical Requirements: Technical specifications for payment systems and interfaces

8. Appendix B - Security Protocols: Security requirements and procedures for payment processing

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions









































Clauses





























Relevant Industries

Banking

Financial Services

Investment Services

Capital Markets

Corporate Finance

Islamic Finance

Asset Management

Securities Services

Payment Processing

Financial Technology

Relevant Teams

Legal

Finance

Treasury

Compliance

Operations

Risk Management

Corporate Secretariat

Transaction Banking

Securities Services

Regulatory Affairs

Relevant Roles

Chief Financial Officer

Treasury Manager

Financial Controller

Compliance Officer

Legal Counsel

Payment Operations Manager

Relationship Manager

Risk Manager

Corporate Secretary

Finance Director

Transaction Banking Manager

Securities Services Manager

Operations Director

Banking Services Manager

Regulatory Compliance Manager

Industries








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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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