The Money Transfer Agreement serves as a crucial legal framework for financial institutions and service providers operating in New Zealand's regulated financial services sector. This document is essential when establishing a formal relationship between a money transfer service provider and its customers, whether individuals or businesses. It ensures compliance with New Zealand's stringent financial regulations, including the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 and the Financial Service Providers Act 2008. The agreement covers critical aspects such as service terms, fee structures, compliance requirements, risk allocation, and dispute resolution procedures, while incorporating necessary consumer protections and data privacy requirements under New Zealand law. It's particularly important for businesses handling domestic and international money transfers, remittance services, and currency exchange operations within New Zealand's jurisdiction.
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1. Parties: Identification of the money transfer service provider and the customer, including full legal names and addresses
2. Background: Context of the agreement and brief description of the money transfer service being provided
3. Definitions: Key terms used throughout the agreement, including technical and financial terminology
4. Service Description: Detailed description of the money transfer service, including methods, currencies, and territories covered
5. Fees and Charges: Complete breakdown of all fees, charges, and exchange rate calculations
6. Service Process: Step-by-step process for initiating, processing, and completing transfers
7. Customer Obligations: Customer responsibilities including providing accurate information and meeting AML requirements
8. Provider Obligations: Provider's duties including service delivery, compliance, and security measures
9. AML/CFT Compliance: Anti-money laundering and counter-terrorism financing requirements and procedures
10. Privacy and Data Protection: Handling of personal information and data protection measures
11. Security Measures: Security protocols and measures to protect transfers and information
12. Liability and Indemnity: Allocation of risks and responsibilities between parties
13. Termination: Conditions and process for ending the agreement
14. Dispute Resolution: Process for handling disputes and complaints
15. General Provisions: Standard contract clauses including governing law, notices, and amendments
1. International Transfers: Additional terms for international transfers, used when service includes cross-border transactions
2. Corporate Services: Specific provisions for corporate customers, used for business-to-business services
3. Regular Transfers: Terms for recurring or scheduled transfers, used when offering standing order services
4. Agent Network: Terms relating to agent locations and services, used when transfers can be collected through an agent network
5. Digital Services: Specific terms for online and mobile services, used when offering digital transfer solutions
6. Currency Exchange: Detailed terms for currency exchange services, used when offering multi-currency transfers
7. Special Services: Terms for additional services like express transfers or VIP services
1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, charges, and commission structures
2. Schedule 2 - Service Territories: List of countries/regions where services are available and any territory-specific conditions
3. Schedule 3 - Identification Requirements: Detailed AML/KYC requirements and acceptable identification documents
4. Schedule 4 - Transfer Limits: Transaction limits for different types of transfers and customer categories
5. Schedule 5 - Security Procedures: Detailed security protocols and verification procedures
6. Appendix A - Customer Due Diligence Form: Standard form for collecting customer due diligence information
7. Appendix B - Complaint Handling Procedures: Detailed procedures for handling customer complaints and disputes
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Fintech
International Trade
Retail
Professional Services
Immigration Services
Education
Tourism
Real Estate
Import/Export
Remittance Services
Relevant Teams
Legal
Compliance
Finance
Operations
Customer Service
Risk Management
Treasury
Regulatory Affairs
Business Development
International Relations
Audit
Corporate Governance
Relevant Roles
Compliance Officer
Legal Counsel
Financial Services Manager
Risk Manager
Operations Director
Customer Service Manager
AML Compliance Manager
Treasury Manager
Finance Director
Business Development Manager
Regulatory Affairs Officer
Company Secretary
Chief Financial Officer
Chief Operations Officer
Branch Manager
Relationship Manager
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