The Account Bank Agreement is a fundamental banking document used to establish and govern the relationship between Swiss banks and their clients for the provision of banking services. This agreement is essential when a client wishes to open and maintain bank accounts in Switzerland, requiring compliance with Swiss banking regulations, including the Swiss Federal Banking Act and related ordinances. The document comprehensively covers account operations, banking services, compliance requirements, and the rights and obligations of both parties. It includes specific provisions required under Swiss law regarding banking secrecy, anti-money laundering requirements, and data protection. The agreement is designed to meet the stringent regulatory requirements of the Swiss financial sector while providing clear operational framework for both the bank and its clients.
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1. Parties: Identification of the account bank and the account holder(s)
2. Background: Context of the agreement and relationship between the parties
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Appointment and Duration: Formal appointment of the bank and term of the agreement
5. Account Opening and Operation: Requirements and procedures for opening and operating accounts
6. Account Bank Services: Core banking services to be provided
7. Instructions and Communications: Procedures for giving instructions and communication between parties
8. Fees and Charges: Banking fees, charges, and payment terms
9. Security and Access: Account security measures and access protocols
10. Representations and Warranties: Standard representations and warranties from both parties
11. Bank's Rights and Obligations: Detailed responsibilities and obligations of the bank
12. Client's Rights and Obligations: Detailed responsibilities and obligations of the client
13. Anti-Money Laundering Compliance: AML requirements and procedures
14. Data Protection and Confidentiality: Privacy and data protection obligations
15. Liability and Indemnification: Limitation of liability and indemnification provisions
16. Termination: Termination rights and procedures
17. Governing Law and Jurisdiction: Choice of Swiss law and jurisdiction
18. General Provisions: Standard boilerplate clauses including notices, amendments, etc.
1. Electronic Banking Services: Terms for online and electronic banking services, if offered
2. Foreign Currency Accounts: Specific provisions for accounts in foreign currencies
3. Overdraft Facilities: Terms and conditions for overdraft services, if provided
4. Credit Interest: Terms relating to interest paid on credit balances, if applicable
5. Special Account Types: Provisions for special account types like escrow or client money accounts
6. Payment Services: Detailed terms for specific payment services if offered
7. Relationship Management: Terms regarding dedicated relationship managers or teams
8. Tax Compliance: Specific tax-related obligations and requirements
1. Schedule 1 - Account Details: List of accounts covered and their specifications
2. Schedule 2 - Fee Schedule: Detailed breakdown of all applicable fees and charges
3. Schedule 3 - Authorized Signatories: List of authorized signatories and signing requirements
4. Schedule 4 - Operating Procedures: Detailed operational procedures and requirements
5. Schedule 5 - Electronic Banking Terms: Specific terms and conditions for electronic banking
6. Schedule 6 - Forms: Standard forms for instructions, changes, and requests
7. Appendix A - Contact Details: Contact information for both parties
8. Appendix B - Security Procedures: Detailed security protocols and procedures
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