The Paying Agency Agreement is essential for securities issuances, debt instruments, and other financial arrangements where professional payment handling services are required. This agreement, regulated under Maltese law, establishes the relationship between an issuer and a paying agent, detailing their respective rights, obligations, and operational procedures. It covers crucial aspects such as payment processing, compliance with financial regulations, anti-money laundering requirements, and reporting obligations. The document is particularly important in Malta's financial services sector, where many international financial institutions operate under the jurisdiction's robust regulatory framework. The agreement must comply with both local Maltese financial services laws and applicable EU regulations, making it a comprehensive document that addresses both operational and regulatory requirements.
Paying Agency Agreement for Malta
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Key Requirements PROMPT example:
Paying Agency Agreement
"I need a Paying Agency Agreement for a corporate bond issuance in Malta, where our bank will act as paying agent for a 鈧50 million bond program launching in March 2025, with quarterly interest payments and special requirements for foreign currency conversions."
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1. Parties: Identification of the issuer/borrower and the paying agent
2. Background: Context of the agreement, reference to any underlying securities or debt instruments
3. Definitions: Key terms used throughout the agreement, including financial and technical terms
4. Appointment and Duration: Formal appointment of paying agent, term of appointment, and renewal provisions
5. Duties of the Paying Agent: Detailed description of core services, payment processing obligations, and operational responsibilities
6. Payment Procedures: Specific procedures for processing payments, including timing, methods, and confirmation requirements
7. Fees and Expenses: Compensation structure, payment terms, and reimbursable expenses
8. Compliance Obligations: Regulatory requirements, AML/KYC obligations, and reporting duties
9. Records and Reporting: Record-keeping requirements, reporting obligations, and audit rights
10. Representations and Warranties: Standard declarations by both parties regarding capacity, authority, and compliance
11. Liability and Indemnification: Limitations of liability, indemnification provisions, and force majeure clauses
12. Termination: Grounds for termination, notice requirements, and consequences of termination
13. Confidentiality: Protection of confidential information and data protection obligations
14. Governing Law and Jurisdiction: Confirmation of Maltese law governance and jurisdiction for disputes
15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Sub-Agents: Include when the paying agent may need to appoint sub-agents in other jurisdictions
2. Tax Obligations: Include when payments involve withholding tax or other tax considerations
3. Security Procedures: Include when specific security protocols are required for payment processing
4. Business Continuity: Include when requiring specific disaster recovery and business continuity provisions
5. Electronic Systems: Include when specific electronic payment or communication systems will be used
6. Foreign Currency Provisions: Include when payments involve multiple currencies
7. Insurance Requirements: Include when specific insurance coverage is required for the paying agent
1. Fee Schedule: Detailed breakdown of fees, charges, and payment terms
2. Service Level Agreement: Specific performance metrics and service standards
3. Operating Procedures: Detailed procedures for payment processing and operations
4. Form of Payment Notices: Standard forms for payment notifications and confirmations
5. Authorized Signatories: List of authorized representatives and specimen signatures
6. Required Documentation: List of documents required for KYC/AML compliance
7. Contact Details: List of key contacts and escalation procedures
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Capital Markets
Investment Services
Corporate Finance
Securities Services
Payment Services
Trust and Fiduciary Services
Relevant Teams
Legal
Finance
Treasury
Compliance
Operations
Risk Management
Corporate Finance
Securities Services
Payment Operations
Client Services
Transaction Banking
Relevant Roles
Chief Financial Officer
Treasury Manager
Financial Controller
Legal Counsel
Compliance Officer
Operations Manager
Relationship Manager
Payment Services Manager
Corporate Finance Director
Securities Services Manager
Risk Manager
Account Manager
Transaction Banking Manager
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