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Account Agreement
I need an account agreement for a new individual savings account, specifying the interest rate, minimum balance requirements, and any associated fees. The agreement should also include terms for online banking access and conditions for account closure.
What is an Account Agreement?
An Account Agreement forms the legal foundation between Swiss banks and their customers, spelling out the rules, rights, and responsibilities for managing accounts and financial services. It covers everything from basic account operations to security measures required under Swiss banking laws and FINMA regulations.
These agreements protect both parties by clearly defining how interest rates work, what fees apply, and the steps needed for transactions. They're especially important in Switzerland's banking system, where strict privacy laws and anti-money laundering rules require detailed documentation of the banking relationship. The terms typically include specific provisions for international clients, reflecting Switzerland's role as a global financial center.
When should you use an Account Agreement?
Use an Account Agreement when opening any new banking relationship in Switzerland, from basic savings accounts to complex investment portfolios. Swiss banks need these agreements in place before providing services, especially for international clients or when offering specialized products like wealth management or trading accounts.
The agreement becomes essential during major account changes, like adding signatories or switching service levels. It's particularly important for business accounts, trust arrangements, and situations involving multiple parties. Swiss banking regulations require updated agreements when expanding services or when regulatory changes affect the banking relationship, such as new anti-money laundering requirements.
What are the different types of Account Agreement?
- Account Opening Agreement: Basic agreement for new personal or business accounts, covering essential services and standard terms
- Joint Account Agreement: Specialized version for multiple account holders, defining access rights and liability sharing
- Securities Account Control Agreement: For investment accounts, detailing trading permissions and custody arrangements
- Account Bank Agreement: Comprehensive agreement for complex banking relationships, often used by institutional clients
- Bookkeeping Agreement: Supplementary agreement for accounts requiring detailed transaction recording and reporting services
Who should typically use an Account Agreement?
- Swiss Banks and Financial Institutions: Draft and issue Account Agreements, ensure compliance with banking regulations, and maintain documentation
- Private Banking Clients: Individual account holders who sign agreements for personal banking, wealth management, or investment services
- Corporate Clients: Businesses requiring accounts for operations, including multinationals using Swiss banking services
- Legal Departments: Review and customize agreements to meet specific client needs while ensuring regulatory compliance
- FINMA Regulators: Oversee agreement compliance with Swiss banking laws and financial regulations
- Account Trustees: Manage accounts on behalf of beneficiaries, requiring special agreement provisions
How do you write an Account Agreement?
- Client Information: Gather complete identification details, proof of address, and any required due diligence documents per Swiss KYC regulations
- Account Purpose: Define specific banking services needed, account type, and expected transaction patterns
- Authority Details: Document who can access and operate the account, including signing rights and power of attorney
- Risk Assessment: Complete internal risk evaluation following FINMA guidelines for client classification
- Service Terms: Specify fees, interest rates, and service levels that apply to the account relationship
- Compliance Check: Review against current Swiss banking regulations and anti-money laundering requirements
- Document Generation: Use our platform to create a customized, legally-sound agreement incorporating all gathered information
What should be included in an Account Agreement?
- Party Details: Full legal names, addresses, and identification details of account holders and bank
- Service Scope: Clear description of banking services, account types, and operational parameters
- Fee Structure: Comprehensive breakdown of charges, interest rates, and transaction costs
- Data Protection: Swiss banking secrecy provisions and GDPR compliance measures
- Termination Rights: Conditions and procedures for account closure or service modification
- Governing Law: Explicit reference to Swiss banking laws and FINMA regulations
- Dispute Resolution: Jurisdiction selection and arbitration procedures under Swiss law
- Account Access: Authorization procedures, signing rights, and security measures
What's the difference between an Account Agreement and an Advisory Agreement?
An Account Agreement differs significantly from an Advisory Agreement in several key aspects, though both are common in Swiss banking. While Account Agreements establish the basic banking relationship and operational framework, Advisory Agreements focus specifically on investment advice and portfolio management services.
- Scope of Services: Account Agreements cover basic banking operations, transfers, and account maintenance, while Advisory Agreements detail investment strategies and wealth management advice
- Regulatory Framework: Account Agreements align with core Swiss banking regulations, while Advisory Agreements must also comply with specific FINMA investment advisory requirements
- Fee Structure: Account Agreements typically involve standard banking fees and interest rates, whereas Advisory Agreements include performance-based fees and investment management charges
- Fiduciary Duties: Advisory Agreements establish stricter fiduciary responsibilities and investment-specific obligations that aren't typically present in basic Account Agreements
- Risk Disclosure: Advisory Agreements require more detailed risk disclosures about investment strategies and market conditions
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