The Funds Transfer Agent Agreement is essential for investment funds operating under English and Welsh law, establishing the framework for managing shareholder records, processing fund transactions, and maintaining regulatory compliance. This agreement is typically used when a fund manager needs to appoint a professional transfer agent to handle shareholder services, fund subscriptions, redemptions, and related administrative functions. The document includes detailed service specifications, compliance requirements, fee structures, and operational procedures, ensuring alignment with UK financial services regulations and industry standards.
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1. Parties: Identification and details of the contracting parties
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Appointment and Authority: Scope of transfer agent's appointment and authority
5. Services: Detailed description of transfer agent services
6. Fees and Expenses: Payment terms and fee structure
7. Compliance and Regulatory Requirements: Obligations regarding regulatory compliance
8. Representations and Warranties: Standard representations by both parties
9. Term and Termination: Duration and termination provisions
10. Liability and Indemnification: Allocation of risks and responsibilities
1. Service Levels: Specific performance metrics and monitoring requirements - include when specific service levels need to be monitored
2. Business Continuity: Disaster recovery and business continuity provisions - include for critical service arrangements
3. Sub-contracting: Terms governing use of sub-contractors - include when sub-contracting is contemplated
4. International Transfers: Provisions for cross-border transfers - include when international transfers are involved
1. Service Description Schedule: Detailed description of services to be provided
2. Fee Schedule: Detailed breakdown of fees and charges
3. Service Level Agreement: Detailed performance metrics and reporting requirements
4. Data Protection Schedule: GDPR and data protection specific requirements
5. Operating Procedures: Detailed operational procedures and processes
6. Contact Details: Key personnel and escalation contacts
Relevant legal definitions
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