Banking Services Agreements

Banking services master agreement
  • Purpose is to enumerate all facets of a banking relationship in a single document.
  • Depending on the nature and scope of requested banking services, the banking services agreement will contain any number of provisions.
  • Elements of master agreement
    • Purposes: e.g., safeguarding and custodianship of assets, concentration or receipts, pooling of disbursements, provisioning of external liquidity, merchant services, lockbox services, corporate cards, funds transfer services, banking data aggregation and reporting, ectetera.
    • Collateralizaion of deposits.
    • Authorized individuals or positons empowered to do business with the financial institution.
    • Specfication of reports to be received.
    • Specification of connectivity services to be provisioned and formats.
    • Fees: e.g., how fees are to be handled (i.e., compensating balances, pricing schedules,etcetera).
    • Liability of parties; e.g., inherent risks, remedies, standards or care, liability regarding delays, loss of interest, inaccuracies trade/settlement failures, etcetera.
Banking services agreement
  • Electronic funds transfer agreements: e.g., ACH, Fedwire, SWIFT
  • Lockbox agreements
  • Checking account agreements
  • Sweep account agreements
  • Merchant services agreements
  • Corporate card agreements
  • Trust agreements
    • Capital acquisition/constuction accounts
    • Lease payment accounts
    • Credit facility accounts
    • Investment accounts
    • Escrow accounts
Examples of specific banking services covered under these agreements
  •  Electronic
    • Balance and transaction-reporting service
    • Stop payments
    • Payment capabilities
    • Transmitted analysis and statements
    • Digitized storage of paid checks and statements
    • Stale date check management
    • Access to safekeeping/custodial information
    • Access to investment performance reporting
  •  Accounts
    • Controlled disbursement
    • Zero-balance
    • Interest-bearing
    • Investment sweep account
  •  Security features
    • Positive pay services
    • Reconciliation services
    • ACH blocking/filtering capabilities
    • Check to ACH conversion
    • NSF/ACH conversion for representment of NSF check
    • Collateral requirements
  •  Cash management services
    • Lock-box services
    • Credit card receipt merchant services
    • Safekeeping custody arrangements
    • Procurement cards
    • Payroll/value cards
    • Web links for Internet payment for services