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Account Bank Agreement for South Africa

Account Bank Agreement Template for South Africa

A comprehensive banking agreement governed by South African law that establishes and regulates the relationship between an account bank and other parties, typically in the context of project finance or corporate banking arrangements. The agreement covers account establishment, operation, security arrangements, and the rights and obligations of all parties involved, ensuring compliance with South African banking regulations, including the Banks Act, FICA, and other relevant financial legislation. It provides detailed mechanisms for account management, payment procedures, and security arrangements while incorporating specific requirements of South African banking practice and regulatory requirements.

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What is a Account Bank Agreement?

The Account Bank Agreement is a crucial document in South African banking and finance transactions, particularly in project finance and corporate banking arrangements. It is used when parties need to establish formal banking arrangements with specific controls, monitoring, and security features. The agreement details the establishment and operation of bank accounts, including payment mechanics, account management procedures, and security arrangements. It must comply with South African banking regulations, including the Banks Act 94 of 1990, FICA, and other relevant financial sector legislation. The document is particularly important in project finance transactions where lenders require control over project cash flows, but it's also used in other corporate contexts where structured banking arrangements are needed. The Account Bank Agreement typically works in conjunction with other finance documents and security arrangements to create a comprehensive banking and security structure.

What sections should be included in a Account Bank Agreement?

1. Parties: Identifies all parties to the agreement including the Account Bank, Account Holder(s), and Security Trustee

2. Background: Sets out the context of the agreement, including reference to any related project finance or facility agreements

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles

4. Appointment and Duration: Covers the appointment of the Account Bank and term of the agreement

5. Account Establishment and Operation: Details the accounts to be established and their operational parameters

6. Bank's Rights and Obligations: Specifies the Account Bank's duties, responsibilities, and rights

7. Account Holder's Rights and Obligations: Outlines the Account Holder's responsibilities and permitted actions

8. Security and Payments: Addresses security interests over accounts and payment procedures

9. Instructions and Communications: Details how instructions should be given and communications made

10. Fees and Expenses: Specifies the bank's fees and cost recovery rights

11. Representations and Warranties: Contains standard representations and warranties from all parties

12. Limited Recourse and Non-Petition: Limits the recourse against the Account Bank and includes non-petition provisions

13. Termination: Sets out termination events and procedures

14. Governing Law and Jurisdiction: Specifies South African law as governing law and jurisdiction for disputes

What sections are optional to include in a Account Bank Agreement?

1. Electronic Banking Services: Include when online banking services are part of the arrangement

2. Foreign Currency Accounts: Required when foreign currency accounts are to be maintained

3. Investment and Interest Provisions: Include when accounts may hold investments or earn interest

4. FICA Compliance: Detailed section on FICA compliance requirements if not covered in main obligations

5. Force Majeure: Optional provisions for force majeure events affecting banking services

6. Tax Provisions: Detailed tax provisions when complex tax arrangements apply

7. Bank Product Specific Terms: Include when specific banking products or services are part of the arrangement

What schedules should be included in a Account Bank Agreement?

1. Account Details: Lists all accounts to be established with their specifications

2. Authorized Signatories: Contains the list of authorized signatories and signing requirements

3. Fee Schedule: Details of all applicable fees and charges

4. Form of Instructions: Standard forms for giving instructions to the Account Bank

5. Notice Details: Contact details for all parties for formal notices

6. Form of Bank Mandate: Standard bank mandate forms and requirements

7. Operating Procedures: Detailed procedures for account operation and management

8. Security Requirements: Specific security requirements and procedures

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

South Africa

Publisher

Ƶ

Document Type

Account Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions










Clauses








































Relevant Industries

Banking and Financial Services

Infrastructure Development

Energy and Resources

Real Estate and Construction

Manufacturing

Mining

Telecommunications

Healthcare

Transportation and Logistics

Agriculture

Renewable Energy

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Project Finance

Banking Operations

Corporate Finance

Transaction Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Project Finance Manager

Legal Counsel

Corporate Banker

Relationship Manager

Compliance Officer

Financial Controller

Account Manager

Project Manager

Risk Manager

Transaction Manager

Security Trustee Representative

Banking Operations 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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