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Cash Management Agreement for Austria

Cash Management Agreement Template for Austria

A comprehensive legal agreement governed by Austrian law that establishes and regulates the relationship between a financial institution and a client for the provision of cash management services. The agreement covers various aspects including account operations, payment services, electronic banking, security procedures, and service levels. It ensures compliance with Austrian banking regulations, financial services laws, and EU directives while providing a clear framework for day-to-day cash management operations, fees, and responsibilities of all parties involved.

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What is a Cash Management Agreement?

The Cash Management Agreement is essential for businesses operating in Austria that require professional banking services for managing their cash flows, payments, and accounts. This document is typically used when a company needs to establish a formal relationship with a bank for comprehensive cash management services, including account management, payment processing, electronic banking, and potentially cash pooling arrangements. The agreement, governed by Austrian law and compliant with EU regulations, provides detailed terms for service delivery, security procedures, fees, and operational requirements. It's particularly important for businesses with complex cash management needs, multiple accounts, or international operations, as it establishes clear protocols and responsibilities while ensuring compliance with Austrian banking regulations and financial services laws.

What sections should be included in a Cash Management Agreement?

1. Parties: Identification of the contracting parties - typically the bank and the client

2. Background: Context of the agreement and brief description of the services to be provided

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Scope of Services: Detailed description of the cash management services to be provided

5. Account Operations: Rules and procedures for operating the accounts, including authorizations and instructions

6. Bank's Obligations: Specific obligations of the bank in providing the services

7. Client's Obligations: Specific obligations of the client, including providing information and maintaining minimum balances

8. Fees and Charges: Structure and payment of fees for the services

9. Security and Access: Security procedures, authentication methods, and access controls

10. Representations and Warranties: Standard representations and warranties from both parties

11. Liability and Indemnification: Allocation of risks and responsibilities between the parties

12. Confidentiality and Data Protection: Obligations regarding confidential information and compliance with GDPR

13. Term and Termination: Duration of the agreement and termination provisions

14. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

What sections are optional to include in a Cash Management Agreement?

1. Pooling Services: Details of cash pooling arrangements - included when cash pooling services are required

2. Investment Services: Terms for automatic investment of excess funds - included when investment services are part of the arrangement

3. International Services: Provisions for cross-border services - included for clients requiring international cash management

4. Electronic Banking Services: Specific terms for electronic banking platforms - included when electronic banking services are provided

5. Group Company Provisions: Additional terms for group companies - included when services extend to client's subsidiaries

6. Force Majeure: Provisions for extraordinary events - included based on client preference and risk allocation

7. Tax Provisions: Specific tax-related provisions - included when complex tax arrangements are involved

What schedules should be included in a Cash Management Agreement?

1. Schedule 1 - Service Level Agreement: Detailed service levels, performance standards, and response times

2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees and charges

3. Schedule 3 - Authorized Persons: List of persons authorized to operate the accounts and their permissions

4. Schedule 4 - Account Details: List of accounts covered by the agreement and their specifications

5. Schedule 5 - Technical Requirements: Technical specifications for electronic banking and communication systems

6. Schedule 6 - Operating Procedures: Detailed procedures for daily operations and special instructions

7. Appendix A - Forms: Standard forms for instructions, changes to authorized persons, etc.

8. Appendix B - Security Procedures: Detailed security protocols 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

Austria

Publisher

Ƶ

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions




































Clauses




























Relevant Industries

Banking and Financial Services

Corporate Treasury

Manufacturing

Retail

Technology

Healthcare

Energy

Real Estate

Transportation and Logistics

Professional Services

Construction

Hospitality

Agriculture

Telecommunications

Relevant Teams

Treasury

Finance

Legal

Compliance

Risk Management

Operations

Corporate Banking

Client Services

Account Management

Financial Planning

Internal Audit

Relevant Roles

Treasury Manager

Chief Financial Officer

Finance Director

Cash Manager

Financial Controller

Banking Relationship Manager

Account Manager

Treasury Operations Manager

Finance Operations Manager

Corporate Banking Officer

Legal Counsel

Compliance Officer

Risk Manager

Treasury Analyst

Financial Analyst

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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