The Memorandum of Deposit is a crucial document in Swiss commercial and financial practice, used when assets need to be placed under professional custody or as security for obligations. This document type is particularly relevant in banking, finance, and commercial transactions where formal asset custody arrangements are required. The memorandum establishes the legal framework for the deposit relationship, clearly defining the rights and obligations of both the depositor and depositary. It is governed by Swiss law, specifically the provisions of the Swiss Civil Code (ZGB) and Code of Obligations (OR) relating to deposits, pledges, and custody arrangements. The document typically includes detailed specifications about the deposited assets, custody conditions, access rights, fees, and return provisions. It's commonly used in scenarios involving valuable assets, securities, documents, or other items requiring secure professional custody.
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1. Parties: Identification of the Depositor and the Depositary with full legal names and addresses
2. Background: Context of the deposit arrangement and the relationship between the parties
3. Definitions: Definitions of key terms used throughout the memorandum
4. Subject Matter of Deposit: Clear identification and description of the assets being deposited
5. Terms of Deposit: Duration, purpose, and conditions of the deposit
6. Obligations of the Depositary: Duties regarding safekeeping, maintenance, and handling of the deposited assets
7. Rights and Obligations of the Depositor: Depositor's continuing rights over the assets and ongoing obligations
8. Fees and Costs: Any charges for the deposit service and allocation of costs
9. Return of Deposited Assets: Conditions and procedure for the return of deposited assets
10. Representations and Warranties: Basic representations regarding ownership and authority to deposit
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
12. Execution: Signature blocks and execution details
1. Insurance: Insurance requirements and arrangements for the deposited assets, if applicable
2. Access Rights: Procedures for accessing or inspecting deposited assets, if relevant
3. Additional Services: Any additional services provided by the depositary beyond basic safekeeping
4. Security Measures: Specific security arrangements for valuable or sensitive deposits
5. Reporting Requirements: Regular reporting obligations regarding the status of deposited assets
6. Force Majeure: Provisions dealing with extraordinary circumstances affecting the deposit
7. Confidentiality: Specific confidentiality obligations if dealing with sensitive assets or information
1. Schedule 1 - Asset Schedule: Detailed description and inventory of all deposited assets
2. Schedule 2 - Handling Procedures: Specific procedures for handling, storing, and maintaining the deposited assets
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees and charges if applicable
4. Schedule 4 - Access Protocols: Detailed procedures for accessing or inspecting the deposited assets
5. Appendix A - Required Forms: Standard forms for deposit/withdrawal requests or other regular communications
6. Appendix B - Insurance Certificates: Copies of relevant insurance certificates if applicable
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