The Cash Management Agreement is essential for businesses operating in Australia that require professional management of their cash resources and banking relationships. This document is typically used when a company needs to establish a formal arrangement with a financial institution for comprehensive cash management services, including account administration, liquidity management, payment processing, and reporting services. The agreement ensures compliance with Australian banking regulations, including the Banking Act 1959 and relevant financial services legislation. It is particularly relevant for organizations with complex cash flow requirements, multiple accounts, or those seeking to optimize their working capital management. The document establishes clear protocols for account operation, security measures, fee structures, and service levels while addressing specific requirements under Australian law regarding financial services provision and corporate governance.
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1. Parties: Identifies the financial institution and the client(s), including their legal status and contact details
2. Background: Outlines the context of the agreement and the parties' intentions regarding cash management services
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Authority: Establishes the bank's appointment to provide cash management services and scope of authority
5. Account Establishment and Operation: Details the establishment and operation of cash management accounts
6. Services Provided: Specifies the cash management services to be provided under the agreement
7. Instructions and Communications: Sets out how instructions will be given and communications handled between parties
8. Fees and Charges: Details the fees, charges, and payment terms for services provided
9. Reporting and Statements: Specifies reporting requirements, frequency, and format of account statements
10. Security and Access: Outlines security measures and access protocols for accounts and systems
11. Representations and Warranties: States the representations and warranties made by each party
12. Term and Termination: Specifies the duration of the agreement and termination provisions
13. Liability and Indemnity: Defines the extent of liability and indemnification obligations
14. Confidentiality: Sets out obligations regarding confidential information
15. General Provisions: Contains standard boilerplate clauses including governing law, notices, and amendments
1. Investment Parameters: Include when the agreement covers investment of surplus cash balances
2. Multi-Currency Services: Include for clients requiring management of multiple currencies
3. Pooling Arrangements: Include when implementing cash pooling across multiple accounts or entities
4. Electronic Banking Services: Include when providing specific electronic banking facilities
5. Third Party Arrangements: Include when third-party service providers are involved
6. Business Continuity: Include for high-value clients requiring specific disaster recovery provisions
7. Additional Services: Include when offering specialized services beyond standard cash management
8. Group Company Provisions: Include when the agreement covers multiple related entities
1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees and charges
2. Schedule 2 - Authorized Persons: List of persons authorized to operate accounts and give instructions
3. Schedule 3 - Account Details: Details of all accounts covered by the agreement
4. Schedule 4 - Service Level Agreement: Specific service levels and performance metrics
5. Schedule 5 - Operating Procedures: Detailed procedures for day-to-day operations
6. Appendix A - Security Procedures: Detailed security protocols and requirements
7. Appendix B - Technical Requirements: Technical specifications for electronic banking services
8. Appendix C - Reporting Templates: Standard formats for reports and statements
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Corporate Treasury
Retail
Manufacturing
Mining & Resources
Healthcare
Education
Technology
Infrastructure
Real Estate
Professional Services
Hospitality
Transport & Logistics
Relevant Teams
Treasury
Finance
Accounts
Banking Operations
Corporate Banking
Risk Management
Compliance
Legal
Operations
Client Services
Financial Control
Cash Operations
Relevant Roles
Chief Financial Officer
Treasury Manager
Finance Director
Cash Manager
Financial Controller
Account Manager
Relationship Manager
Treasury Operations Manager
Finance Manager
Banking Services Manager
Corporate Banking Officer
Treasury Analyst
Financial Services Executive
Compliance Officer
Risk Manager
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