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Paying Agency Agreement for Malaysia

Paying Agency Agreement Template for Malaysia

A legally binding agreement governed by Malaysian law that establishes the relationship between a principal and a paying agent for the provision of payment services. The agreement outlines the responsibilities, operational procedures, and regulatory compliance requirements under the Malaysian Financial Services Act 2013 and related regulations. It details payment processing mechanisms, settlement terms, fee structures, and risk allocation between parties, while ensuring compliance with Malaysian banking and anti-money laundering regulations. The document incorporates specific requirements from Bank Negara Malaysia and addresses local regulatory reporting obligations.

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What is a Paying Agency Agreement?

The Paying Agency Agreement is utilized when a principal entity needs to appoint a regulated financial institution or payment service provider to handle payment processing services in Malaysia. This document is essential for compliance with Malaysian financial regulations, particularly the Financial Services Act 2013 and Bank Negara Malaysia requirements. It becomes necessary when companies require specialized payment services, bond payment administration, or systematic payment processing arrangements. The agreement covers crucial aspects such as payment mechanisms, regulatory compliance, risk management, and operational procedures. It's particularly relevant for financial institutions, corporate entities, and regulated payment service providers operating within the Malaysian financial services sector, where specific regulatory requirements must be met for payment processing activities.

What sections should be included in a Paying Agency Agreement?

1. Parties: Identification of the principal and the paying agent, including their registered details and regulatory status

2. Background: Context of the agreement and brief description of the payment services arrangement

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Appointment and Scope: Terms of the paying agent's appointment and scope of authorized services

5. Agent's Duties and Responsibilities: Detailed obligations of the paying agent in performing payment services

6. Principal's Duties and Responsibilities: Obligations of the principal including provision of funds and information

7. Payment Processing and Settlement: Procedures for processing payments, settlement timeframes, and reconciliation requirements

8. Fees and Expenses: Compensation structure, payment terms, and reimbursement of expenses

9. Compliance and Regulatory Requirements: Obligations to comply with Malaysian banking laws, AML regulations, and other applicable requirements

10. Representations and Warranties: Standard representations and specific warranties related to payment services

11. Confidentiality: Protection of confidential information and data privacy requirements

12. Liability and Indemnification: Allocation of risks and responsibilities for losses

13. Term and Termination: Duration of agreement and grounds for termination

14. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law

15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

What sections are optional to include in a Paying Agency Agreement?

1. Electronic Systems and Security: Required when the agreement involves electronic payment systems, covering security protocols and system requirements

2. Sub-Agents: Include when the paying agent is permitted to appoint sub-agents

3. Business Continuity: Required for high-volume or critical payment services, covering disaster recovery and business continuity requirements

4. Insurance: Include when specific insurance coverage is required for the payment services

5. Cross-Border Provisions: Required when payments involve international transfers or multiple jurisdictions

6. Force Majeure: Optional but recommended for agreements with significant operational components

7. Intellectual Property: Required when branded payment services or proprietary systems are involved

What schedules should be included in a Paying Agency Agreement?

1. Schedule 1 - Service Level Agreement: Detailed performance metrics, response times, and service standards

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and payment calculation methods

3. Schedule 3 - Operating Procedures: Step-by-step procedures for payment processing, reconciliation, and reporting

4. Schedule 4 - Authorized Representatives: List of authorized signatories and contact persons for both parties

5. Schedule 5 - Required Reports: Templates and specifications for required operational and compliance reports

6. Schedule 6 - System Specifications: Technical requirements and specifications for electronic payment systems

7. Appendix A - Compliance Checklist: Checklist of regulatory requirements and compliance obligations

8. Appendix B - Form of Payment Instructions: Standard forms and formats for payment instructions

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

Malaysia

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions







































Clauses




































Relevant Industries

Banking & Financial Services

Payment Services

Financial Technology

Securities & Investment

Corporate Services

Insurance

Asset Management

Bond Markets

Capital Markets

Treasury Services

Relevant Teams

Legal

Finance

Treasury

Compliance

Operations

Risk Management

Corporate Banking

Transaction Banking

Payment Operations

Regulatory Affairs

Trust Services

Agency Services

Relevant Roles

Chief Financial Officer

Treasury Manager

Compliance Officer

Legal Counsel

Financial Controller

Operations Manager

Payment Services Director

Risk Manager

Relationship Manager

Corporate Banking Head

Transaction Banking Manager

Agency Services Manager

Trust Officer

Payment Operations Officer

Regulatory Compliance Manager

Industries







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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