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Cash Management Agreement for the United Kingdom

Cash Management Agreement Template for England and Wales

A Cash Management Agreement is a legally binding contract under English and Welsh law that establishes the terms and conditions for cash management services provided by a financial institution to a corporate client. The agreement covers account operations, payment processing, liquidity management, electronic banking services, and related financial services. It details the rights, obligations, and responsibilities of both parties, including fee structures, security procedures, and operational protocols, while ensuring compliance with UK financial regulations and banking laws.

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What is a Cash Management Agreement?

The Cash Management Agreement is essential for businesses requiring professional management of their cash resources and banking relationships. Used extensively in the UK market under English and Welsh law, it establishes the framework for services such as account management, payments, collections, and liquidity optimization. This agreement is particularly crucial for companies with complex treasury operations, multiple bank accounts, or international operations, ensuring clear service levels, fees, and operational procedures while maintaining compliance with UK financial regulations.

What sections should be included in a Cash Management Agreement?

1. Parties: Identification of all parties to the agreement including full legal names and addresses

2. Background/Recitals: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope of Services: Details of cash management services to be provided

5. Account Operation: Rules and procedures for operating the accounts

6. Instructions and Communications: Methods and protocols for giving instructions

7. Fees and Charges: Payment terms and fee structure

8. Representations and Warranties: Standard legal assurances from both parties

9. Term and Termination: Duration and termination provisions

10. Governing Law and Jurisdiction: Applicable law and dispute resolution

What sections are optional to include in a Cash Management Agreement?

1. Credit Facilities: Terms of any overdraft or credit facilities - include when credit facilities are part of the service offering

2. Foreign Exchange Services: Terms for currency exchange services - include when dealing with multiple currencies

3. Electronic Banking Services: Terms for online banking access - include when electronic banking services are provided

4. Security Procedures: Special security arrangements - include when enhanced security measures are required

What schedules should be included in a Cash Management Agreement?

1. Fee Schedule: Detailed breakdown of all fees and charges

2. Authorized Signatories: List of persons authorized to give instructions

3. Account Details: List of accounts covered by the agreement

4. Service Level Agreement: Detailed service specifications and performance standards

5. Security Procedures: Detailed security protocols and requirements

6. Form of Notices: Standard forms for various types of notices

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions
































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Industries

Financial Services and Markets Act 2000: Primary legislation governing financial services regulation in the UK, establishing regulatory framework and authorities

Financial Services Act 2012: Updates to financial services regulation, including creation of FCA and PRA regulatory structure

Banking Act 2009: Legislation covering bank regulation, payment systems and bank insolvency

Money Laundering Regulations 2017: Regulations governing anti-money laundering and counter-terrorist financing requirements

Proceeds of Crime Act 2002: Legislative framework for dealing with criminal proceeds and money laundering offenses

Payment Services Regulations 2017: Implementation of EU PSD2, governing payment services and payment service providers

Electronic Money Regulations 2011: Regulations governing electronic money institutions and electronic money issuance

UK General Data Protection Regulation: Post-Brexit data protection regulation governing personal data processing and protection

Data Protection Act 2018: UK's implementation of data protection requirements, complementing UK GDPR

Consumer Rights Act 2015: Legislation protecting consumer rights in financial services and other sectors

Financial Services (Banking Reform) Act 2013: Reforms to banking sector including ring-fencing requirements and depositor preference

Companies Act 2006: Primary legislation governing company formation and operation in the UK

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts and consumer agreements

Misrepresentation Act 1967: Law governing false or misleading statements inducing contract formation

FCA Handbook: Comprehensive rulebook containing FCA's regulatory requirements and guidance

CASS Rules: Client Asset Sourcebook rules governing handling and protection of client money

Basel III Requirements: International banking standards for capital adequacy and liquidity requirements

Bank of England Regulations: Central bank requirements affecting payment systems and monetary policy

PRA Requirements: Prudential regulations governing bank capital, liquidity, and risk management

Sanctions Regulations: International and domestic sanctions affecting financial transactions and relationships

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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