The Cash Management Agreement serves as the primary contractual framework for establishing and governing professional cash management services in New Zealand. It is typically used when businesses require sophisticated treasury and banking solutions, including account management, liquidity optimization, payment processing, and electronic banking services. The agreement ensures compliance with New Zealand's financial services regulations while providing clarity on service scope, operational procedures, and parties' responsibilities. This document is essential for organizations seeking to optimize their cash management processes through a structured relationship with a financial institution, incorporating relevant requirements under New Zealand law including the Financial Markets Conduct Act 2013, Anti-Money Laundering legislation, and banking regulations.
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1. Parties: Identification of the financial institution and the client, including their legal status and contact details
2. Background: Context of the agreement, relationship between parties, and purpose of the cash management services
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Scope of Services: Comprehensive description of cash management services to be provided
5. Account Structure: Details of account setup, hierarchy, and relationship between accounts
6. Operating Procedures: Day-to-day operational procedures, processing times, and cut-off times
7. Authorities and Instructions: Process for giving instructions, authorized persons, and authentication procedures
8. Fees and Charges: Detail of all fees, charges, and payment terms
9. Security and Access: Security measures, access controls, and authentication requirements
10. Representations and Warranties: Standard representations and warranties from both parties
11. Compliance and AML: Anti-money laundering and regulatory compliance obligations
12. Liability and Indemnity: Allocation of risks, limitations of liability, and indemnification provisions
13. Term and Termination: Duration of agreement and termination provisions
14. Force Majeure: Circumstances beyond parties' control and their consequences
15. Confidentiality: Protection and handling of confidential information
16. Governing Law and Jurisdiction: New Zealand law as governing law and jurisdiction for disputes
17. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Cross-Border Services: Additional provisions for international cash management services and foreign currency handling
2. Pooling Arrangements: Specific provisions for cash pooling structures if multiple accounts or entities are involved
3. Interest and Pricing: Detailed interest calculations and pricing structures for more complex arrangements
4. Electronic Banking Services: Specific terms for electronic banking platforms and services
5. Group Company Arrangements: Additional provisions for group-wide cash management services
6. Credit Facilities: Terms for any associated credit or overdraft facilities
7. Tax Matters: Specific tax considerations and obligations
8. Business Continuity: Detailed business continuity and disaster recovery procedures
1. Schedule 1 - Service Details: Detailed description of specific cash management services and products
2. Schedule 2 - Fee Schedule: Comprehensive breakdown of all fees, charges, and pricing
3. Schedule 3 - Authorized Persons: List of authorized signatories and their signing authorities
4. Schedule 4 - Account Details: List of all accounts covered by the agreement
5. Schedule 5 - Operating Procedures: Detailed operational procedures, including cut-off times and processing requirements
6. Schedule 6 - Electronic Banking Terms: Terms and conditions for electronic banking services
7. Appendix A - Security Procedures: Detailed security protocols and requirements
8. Appendix B - Service Level Agreement: Performance standards and service levels
9. Appendix C - Forms and Templates: Standard forms for instructions and communications
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Corporate Treasury
Investment Management
Manufacturing
Retail
Healthcare
Technology
Energy and Utilities
Transportation and Logistics
Real Estate
Professional Services
Education
Government and Public Sector
Non-Profit Organizations
Relevant Teams
Treasury
Finance
Accounts Payable
Accounts Receivable
Financial Operations
Banking Operations
Cash Operations
Compliance
Risk Management
Legal
Financial Control
Corporate Banking
Financial Planning
Financial Reporting
Relevant Roles
Chief Financial Officer
Treasury Manager
Finance Director
Cash Manager
Financial Controller
Treasury Operations Manager
Banking Relations Manager
Finance Manager
Accounts Manager
Treasury Analyst
Financial Services Manager
Compliance Officer
Risk Manager
Operations Director
Head of Finance
Corporate Banking Manager
Financial Operations Manager
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