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Memorandum Account Template for Netherlands

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Key Requirements PROMPT example:

Memorandum Account

"Need a Memorandum Account agreement under Dutch law for our parent company to manage intercompany transactions with three European subsidiaries, to be implemented by March 2025, with multi-currency functionality and automated reporting features."

Document background
The Memorandum Account agreement is essential for organizations requiring sophisticated financial tracking and internal accounting arrangements under Dutch law. This document type is commonly used when parties need to maintain a notional account relationship without establishing a traditional bank account, often used in corporate treasury management, intercompany financial arrangements, or specialized financial services. The agreement complies with Dutch financial regulations, including the Financial Supervision Act (Wft) and Dutch Civil Code provisions, while incorporating necessary EU regulatory requirements. It's particularly valuable for corporate groups managing internal financial relationships, financial institutions providing specialized services, or organizations requiring structured financial tracking mechanisms. The Memorandum Account agreement includes detailed provisions for account operation, interest calculations, reporting requirements, and regulatory compliance, making it a crucial document for complex financial arrangements in the Netherlands.
Suggested Sections

1. Parties: Identification of the account provider and account holder

2. Background: Context of the memorandum account arrangement and its purpose

3. Definitions: Key terms used throughout the agreement

4. Account Establishment: Terms for establishing and maintaining the memorandum account

5. Operation of the Account: Rules for entries, calculations, and maintenance of the account

6. Interest and Charges: Terms for interest calculations and any applicable fees

7. Statements and Reporting: Requirements for account statements and reporting obligations

8. Security and Access: Access rights and security measures for the account

9. Regulatory Compliance: Compliance with relevant laws and regulations

10. Term and Termination: Duration of the agreement and termination provisions

11. General Provisions: Standard legal provisions including notices, amendments, and governing law

Optional Sections

1. Credit Facility: Optional section when the memorandum account includes credit arrangements

2. Multi-Currency Provisions: Required when the account can operate in multiple currencies

3. Group Company Provisions: When the account holder is part of a corporate group

4. Set-off Rights: Optional provisions for setting off balances against other accounts

5. Electronic Services: When online or electronic access services are provided

6. Tax Provisions: Detailed tax arrangements when specific tax treatment applies

Suggested Schedules

1. Schedule 1 - Account Details: Specific details of the memorandum account including account numbers and initial settings

2. Schedule 2 - Fee Schedule: Detailed breakdown of all applicable fees and charges

3. Schedule 3 - Interest Calculation Methodology: Detailed explanation of interest calculation methods

4. Schedule 4 - Authorized Persons: List of persons authorized to operate the account

5. Schedule 5 - Reporting Requirements: Detailed reporting formats and requirements

6. Appendix A - Standard Terms and Conditions: Standard terms applicable to all memorandum accounts

7. Appendix B - Technical Specifications: Technical details for electronic access and reporting formats

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions












































Clauses































Relevant Industries

Banking

Financial Services

Corporate Treasury

Investment Management

Insurance

Manufacturing

Retail

Professional Services

Technology

Energy

Telecommunications

Relevant Teams

Treasury

Finance

Legal

Compliance

Regulatory Affairs

Financial Operations

Risk Management

Corporate Finance

Financial Control

Banking Operations

Relevant Roles

Treasury Manager

Financial Controller

Chief Financial Officer

Account Manager

Legal Counsel

Compliance Officer

Financial Director

Corporate Treasurer

Finance Manager

Regulatory Compliance Manager

Banking Relationship Manager

Financial Operations Manager

Risk Manager

Corporate Finance Director

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

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