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Cash Deposit Agreement Template for Netherlands

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Key Requirements PROMPT example:

Cash Deposit Agreement

"I need a Cash Deposit Agreement for a corporate client planning to deposit €5 million with our bank for a fixed 12-month term starting March 1, 2025, with quarterly interest payments and early withdrawal penalties."

Document background
A Cash Deposit Agreement is essential for formalizing the relationship between financial institutions and depositors under Dutch law. This document is typically used when a party wishes to place a significant sum of money on deposit with a bank or financial institution, whether for a fixed term or on a continuing basis. The agreement comprehensively addresses key aspects such as interest rates, deposit terms, withdrawal rights, and regulatory requirements under Dutch financial regulations. It's particularly important in the Netherlands due to specific requirements under the Dutch Financial Supervision Act (Wet op het financieel toezicht) and the Dutch Civil Code (Burgerlijk Wetboek). The document provides security and clarity for both the financial institution and the depositor, incorporating necessary provisions for regulatory compliance, including anti-money laundering requirements and deposit guarantee schemes.
Suggested Sections

1. Parties: Identification of the depositor and the bank/financial institution, including their full legal names, addresses, and registration details

2. Background: Context of the agreement, including the depositor's intention to place funds with the bank and the bank's agreement to accept the deposit

3. Definitions: Definitions of key terms used throughout the agreement, including 'Deposit', 'Interest Rate', 'Term', 'Value Date', etc.

4. Deposit Terms: Details of the deposit amount, currency, and when/how it will be transferred to the bank

5. Interest: Specification of interest rate(s), calculation method, payment frequency, and payment method

6. Term and Duration: Period of the deposit, renewal options, and notice requirements

7. Withdrawal and Access: Terms and conditions for accessing or withdrawing the deposit, including any restrictions or notice periods

8. Bank's Obligations: The bank's responsibilities regarding safekeeping of the deposit and compliance with relevant regulations

9. Depositor's Representations: Confirmations and warranties from the depositor regarding the source of funds and authority to enter into the agreement

10. Fees and Charges: Any applicable fees or charges related to maintaining or managing the deposit

11. Termination: Circumstances under which the agreement can be terminated by either party and the consequences of termination

12. Governing Law and Jurisdiction: Confirmation of Dutch law as governing law and jurisdiction for disputes

Optional Sections

1. Tax Provisions: Section dealing with tax implications and withholding requirements - include when depositor is subject to specific tax regimes or is a non-resident

2. Electronic Communications: Terms for electronic notifications and online banking access - include when online access is provided

3. Joint Deposits: Provisions for multiple depositors - include when deposit is held jointly by multiple parties

4. Security and Pledge: Terms regarding any security interest or pledge over the deposit - include when deposit serves as collateral

5. Force Majeure: Provisions for extraordinary circumstances affecting the agreement - include for longer-term or high-value deposits

6. Assignment: Terms regarding transferability of rights - include when assignment rights are relevant to either party

Suggested Schedules

1. Interest Rate Schedule: Detailed breakdown of applicable interest rates, including any tiered rates based on deposit amount

2. Fee Schedule: Complete list of applicable fees and charges

3. Deposit Guarantee Scheme Information: Standard information sheet about the Dutch Deposit Guarantee Scheme

4. Account Operating Procedures: Detailed procedures for operating the deposit account, including withdrawal processes

5. Specimen Signatures: Form containing authorized signatures for account operation

Authors

Alex Denne

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

Relevant legal definitions








































Clauses






























Relevant Industries

Banking

Financial Services

Investment Management

Corporate Treasury

Retail Banking

Wealth Management

Insurance

Real Estate

Private Equity

Public Sector

Non-Profit Organizations

Relevant Teams

Treasury

Finance

Legal

Compliance

Risk Management

Operations

Corporate Banking

Relationship Management

Private Banking

Investment Management

Financial Control

Cash Management

Relevant Roles

Treasury Manager

Chief Financial Officer

Financial Controller

Banking Relationship Manager

Account Manager

Legal Counsel

Compliance Officer

Risk Manager

Corporate Banking Officer

Investment Manager

Finance Director

Cash Management Specialist

Relationship Banker

Operations Manager

Private Banker

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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