The Master Fee Protection Agreement is designed for use in the Maltese financial services sector where there is a need to establish a secure framework for protecting and managing client fees. This agreement is particularly relevant in scenarios where businesses require a regulated structure for holding and protecting client funds, ensuring compliance with Malta Financial Services Authority (MFSA) requirements and relevant financial services regulations. The document addresses key aspects such as fund custody, release mechanisms, compliance requirements, reporting obligations, and risk management measures. It is commonly used by financial institutions, professional services firms, and corporate service providers operating in Malta who need to demonstrate robust client money protection arrangements. The agreement takes into account Malta's specific regulatory requirements while providing flexibility to accommodate various business models and client relationships.
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1. Parties: Identification of the fee protection agent, the client, and any other relevant parties
2. Background: Context of the agreement and the purpose of the fee protection arrangement
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Appointment and Authority: Formal appointment of the fee protection agent and scope of authority
5. Fee Protection Arrangements: Core mechanisms for how fees will be protected, held, and managed
6. Client Money Handling: Procedures for receiving, holding, and managing client funds in compliance with Maltese regulations
7. Release of Funds: Conditions and procedures for the release of protected fees
8. Fees and Charges: Fee structure for the protection service and related charges
9. Compliance and Regulatory Requirements: Obligations regarding AML, KYC, and other regulatory requirements
10. Representations and Warranties: Standard representations and warranties from all parties
11. Reporting and Records: Requirements for maintenance and provision of records and reports
12. Liability and Indemnification: Scope of liability and indemnification provisions
13. Term and Termination: Duration of agreement and termination provisions
14. Dispute Resolution: Procedures for handling disputes between parties
15. General Provisions: Standard boilerplate clauses including notices, amendments, governing law, etc.
1. Multi-Currency Provisions: Additional provisions for handling multiple currencies, required when agreement covers international transactions
2. Third-Party Rights: Provisions regarding rights of third parties, needed when agreement affects rights of parties not directly involved
3. Insurance Requirements: Specific insurance obligations, included when additional risk protection is required
4. Electronic Communications: Provisions for electronic execution and communications, needed for digital-first operations
5. Data Protection: Detailed GDPR compliance provisions, required when personal data processing is extensive
6. Force Majeure: Provisions for unforeseen circumstances, recommended for long-term agreements
7. Confidentiality: Detailed confidentiality provisions, needed when sensitive commercial information is involved
1. Schedule 1 - Fee Structure: Detailed breakdown of all fees and charges
2. Schedule 2 - Operating Procedures: Detailed procedures for day-to-day operations and fund handling
3. Schedule 3 - Reporting Requirements: Templates and specifications for required reports
4. Schedule 4 - Authorized Signatories: List of authorized persons and signature requirements
5. Schedule 5 - KYC Requirements: Detailed KYC and due diligence requirements
6. Appendix A - Form of Notice: Standard forms for various notices under the agreement
7. Appendix B - Release Request Form: Standard form for requesting release of protected fees
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