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Deposit Agreement
"I need a deposit agreement for a 12-month fixed-term deposit of $50,000 with an interest rate of 3% per annum, allowing for early withdrawal with a 2% penalty."
What is a Deposit Agreement?
A Deposit Agreement establishes the terms when someone entrusts money or valuable assets to a bank or financial institution in Saudi Arabia. It spells out how the deposit will be managed, the expected returns, and when the funds can be withdrawn - all in line with Islamic banking principles and Kingdom regulations.
These agreements protect both parties by clearly stating profit-sharing ratios, account maintenance requirements, and early withdrawal conditions. Under Saudi banking law, they must specify if the deposit follows Mudarabah or Murabaha structures, and include Shariah-compliant terms for generating returns. Banks commonly use them for fixed-term deposits, savings accounts, and investment products.
When should you use a Deposit Agreement?
Use a Deposit Agreement when placing significant funds or assets with Saudi financial institutions, especially for fixed-term deposits, investment accounts, or large corporate savings. This becomes crucial when dealing with substantial amounts that require clear documentation of profit-sharing arrangements and withdrawal terms under Islamic banking principles.
The agreement proves essential when opening new business accounts, setting up employee pension funds, or managing corporate treasury operations. It provides legal protection by documenting Shariah-compliant terms, profit distribution methods, and account access rights. Saudi banks require these agreements for deposits exceeding certain thresholds or involving special investment products.
What are the different types of Deposit Agreement?
- Holding Deposit Contract: Used to reserve property or assets temporarily, common in real estate transactions under Saudi property laws
- Good Faith Deposit Contract: Demonstrates serious intent in business deals, often used in commercial negotiations
- Non Refundable Payment Agreement: Specifies conditions where deposits cannot be returned, crucial for high-value transactions
- Security Deposit Contract: Protects against potential damages or defaults, common in rental agreements
- Earnest Money Agreement: Shows commitment in major purchases, frequently used in Shariah-compliant property deals
Who should typically use a Deposit Agreement?
- Banks and Financial Institutions: Draft and issue Deposit Agreements as the primary custodians of funds, ensuring Shariah compliance and regulatory requirements
- Corporate Treasurers: Negotiate and manage these agreements for company funds, focusing on profit-sharing terms and withdrawal flexibility
- Legal Departments: Review and customize agreement terms to protect their organization's interests while meeting Saudi banking regulations
- Individual Depositors: Sign agreements when opening fixed-term deposits or investment accounts with significant amounts
- Regulatory Bodies: Monitor and enforce compliance with Saudi Monetary Authority (SAMA) guidelines and Islamic banking principles
How do you write a Deposit Agreement?
- Party Details: Gather full legal names, addresses, and registration numbers of all parties, including bank and depositor information
- Account Specifics: Define deposit amount, term length, profit-sharing ratios, and any special conditions under Shariah principles
- Access Rights: List authorized signatories, withdrawal permissions, and any delegation of authority
- Compliance Check: Ensure alignment with SAMA regulations and Islamic banking requirements for deposit structures
- Documentation: Collect required identity proofs, business licenses, and board resolutions authorizing the deposit
- Review Terms: Our platform generates compliant agreements, but verify all specifics match your arrangement before finalizing
What should be included in a Deposit Agreement?
- Party Identification: Complete legal names, addresses, and registration details of the financial institution and depositor
- Deposit Terms: Specific amount, duration, profit-sharing ratios, and Shariah-compliant investment structure
- Withdrawal Rules: Clear conditions for fund access, notice periods, and early withdrawal penalties
- Islamic Compliance: Explicit statements on adherence to Shariah principles and type of Islamic contract used
- Risk Disclosure: Clear explanation of potential investment risks and profit-loss sharing mechanisms
- Governing Law: Reference to Saudi banking regulations and SAMA guidelines
- Termination Clauses: Conditions for agreement closure and fund return procedures
What's the difference between a Deposit Agreement and an Account Agreement?
A Deposit Agreement differs significantly from an Account Agreement in several key aspects, though both relate to banking relationships in Saudi Arabia. While Deposit Agreements focus specifically on fund placement terms and Shariah-compliant profit sharing, Account Agreements cover broader banking services and operational aspects.
- Scope of Coverage: Deposit Agreements solely govern specific deposits and their terms, while Account Agreements cover all banking services, including transfers, cards, and online banking
- Duration and Flexibility: Deposit Agreements typically have fixed terms with specific maturity dates, whereas Account Agreements remain open-ended
- Profit Structure: Deposit Agreements detail specific Islamic profit-sharing ratios and investment mechanisms, while Account Agreements focus on service fees and general terms
- Withdrawal Terms: Deposit Agreements include strict withdrawal conditions and notice periods, but Account Agreements allow more flexible access to funds
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