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Financial Agency Agreement
"I need a Financial Agency Agreement for our Saudi bank to appoint a FinTech company as our digital payments agent, with authority to process mobile payments and digital transfers, starting March 2025."
1. Parties: Identification of the Principal (financial institution) and the Agent, including their full legal names, registration details, and addresses
2. Background: Context of the agreement, including the Principal's business nature and intention to appoint the Agent
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation, including Sharia compliance terminology
4. Appointment and Scope: Formal appointment of the Agent and detailed scope of authorized activities
5. Term and Termination: Duration of the agreement and circumstances for termination
6. Agent's Duties and Responsibilities: Comprehensive list of Agent's obligations, including financial services to be provided and compliance requirements
7. Principal's Duties and Responsibilities: Principal's obligations including support, information, and resources to be provided to the Agent
8. Compensation and Payment Terms: Fee structure, payment mechanisms, and timing (structured to comply with Sharia principles)
9. Compliance Requirements: Obligations to comply with Saudi laws, SAMA regulations, and anti-money laundering requirements
10. Confidentiality: Provisions for protecting confidential information and customer data
11. Record Keeping and Reporting: Requirements for maintaining records and providing reports to the Principal
12. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority
13. Liability and Indemnification: Allocation of risks and responsibilities between parties
14. Governing Law and Jurisdiction: Specification of Saudi law as governing law and jurisdiction for dispute resolution
1. Shariah Committee: Required when the agreement involves Islamic financial products, establishing the role of Shariah supervisory board
2. Sub-Agents: Include when the Agent is permitted to appoint sub-agents, specifying conditions and approval requirements
3. Insurance Requirements: Include when specific insurance coverage is required for the Agent's activities
4. Training and Support: Include when the Principal provides specific training or operational support to the Agent
5. Marketing and Branding: Include when the Agent is authorized to use the Principal's brand and marketing materials
6. Digital Services: Include when the agency services involve digital or online platforms
7. Force Majeure: Optional but recommended clause addressing unforeseen circumstances
8. Non-Competition: Include when restricting the Agent from representing competing financial institutions
1. Schedule 1 - Authorized Services: Detailed list of financial services the Agent is authorized to provide
2. Schedule 2 - Fee Structure: Detailed breakdown of fees, commissions, and payment calculations
3. Schedule 3 - Compliance Procedures: Specific procedures for regulatory compliance and risk management
4. Schedule 4 - Reporting Requirements: Templates and timing for required reports and notifications
5. Schedule 5 - Service Level Agreement: Performance metrics and service standards
6. Appendix A - Required Documentation: List of documents required for customer onboarding and transactions
7. Appendix B - Operating Procedures: Detailed operational procedures and workflows
8. Appendix C - Territory Definition: Geographic area where Agent is authorized to operate
Authors
Banking
Financial Services
Islamic Finance
Investment Services
Money Exchange
Payment Services
Insurance
FinTech
Wealth Management
Corporate Banking
Legal
Compliance
Finance
Operations
Risk Management
Business Development
Regulatory Affairs
Islamic Banking
Treasury
Product Development
Contract Administration
Agency Relations
Chief Financial Officer
Legal Counsel
Compliance Officer
Financial Services Director
Agency Network Manager
Risk Management Officer
Islamic Finance Specialist
Operations Director
Business Development Manager
Regulatory Affairs Manager
Contract Manager
Treasury Manager
Financial Products Manager
Banking Relations Manager
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