The Financial Framework Partnership Agreement is designed for situations where parties seek to establish a long-term collaborative financial relationship under Austrian jurisdiction. This master agreement provides the legal and operational framework for ongoing financial cooperation, typically used between financial institutions, investment firms, or other regulated entities. It addresses key aspects such as regulatory compliance (including Austrian Financial Market Authority requirements and EU regulations), risk management, governance structures, and operational procedures. The document is particularly relevant when parties anticipate multiple financial arrangements or transactions over time and need a robust framework to govern their relationship. The agreement must comply with Austrian banking laws (BWG), financial services regulations, and EU directives while providing flexibility for specific implementations through subsequent agreements.
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1. Parties: Identification and details of all contracting parties, including their legal status and registered addresses
2. Background: Context of the partnership, objectives, and general purpose of the framework agreement
3. Definitions: Comprehensive list of defined terms used throughout the agreement
4. Scope of Partnership: Overview of the partnership's scope, activities, and services covered under the framework
5. Duration and Renewal: Term of the framework agreement, including commencement date and renewal provisions
6. Financial Arrangements: General financial terms, payment mechanisms, and principles for specific arrangements
7. Governance Structure: Management and oversight of the partnership, including committees and decision-making processes
8. Compliance Requirements: Obligations regarding regulatory compliance, reporting, and audit requirements
9. Risk Management: Framework for identifying, assessing, and managing risks within the partnership
10. Confidentiality and Data Protection: Provisions for handling confidential information and personal data in compliance with GDPR
11. Intellectual Property Rights: Ownership and usage rights of IP developed within the partnership
12. Liability and Indemnification: Allocation of liabilities and indemnification obligations between parties
13. Termination: Grounds and procedures for termination, including consequences and wind-down provisions
14. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law
15. General Provisions: Standard legal provisions including notices, amendments, and severability
1. Anti-Money Laundering Provisions: Detailed AML procedures when partnership involves high-risk activities or jurisdictions
2. Regulatory Reporting: Specific reporting requirements when partnership involves regulated financial activities
3. Environmental, Social and Governance (ESG): ESG commitments and reporting when relevant to partnership objectives
4. Force Majeure: Provisions for unforeseen circumstances affecting partnership operations
5. Competition Law Compliance: Specific provisions when partnership may have market competition implications
6. Technology and Systems: Technical requirements and specifications when partnership involves shared systems or platforms
7. Staff and Secondment: Personnel arrangements when partnership involves shared or seconded staff
1. Schedule 1 - Service Specifications: Detailed description of services and activities covered under the framework
2. Schedule 2 - Financial Terms: Detailed financial arrangements, including pricing mechanisms and payment terms
3. Schedule 3 - Governance Procedures: Detailed procedures for partnership management and decision-making
4. Schedule 4 - Compliance Framework: Detailed compliance requirements and procedures
5. Schedule 5 - Service Levels: Performance metrics and service level requirements
6. Schedule 6 - Technical Requirements: Technical specifications and systems requirements
7. Appendix A - Contact Details: Key contacts and escalation procedures
8. Appendix B - Reporting Templates: Standard templates for required reports and notifications
9. Appendix C - Risk Matrix: Risk assessment and allocation framework
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