Professional Documents
Culture Documents
PARTY A (INVESTOR/PROVIDER/SENDER) :
NAME
ADDRESS
REPRESENTED BY
PASSPORT NO/ISSUE
WITH BANK COORDINATES
BANK NAME:
BANK ADDRESS:
BANK PHONE
BANK FAX :
EMAIL
SWIFT :
TTY/KTT/TELEX :
BIC CODE :
ACCOUNT NUMBER/IBAN
ACCOUNT NAME:
ACCOUNT SIGNATORY
OFFICER (NAME/TITLE/PIN)
herein referred to as herein referred to as “PROVIDER”
BANK NAME:
BANK ADDRESS:
BANK PHONE
BANK FAX
BANK E-MAIL
SWIFT CODE
BIC CODE:
ACCOUNT NUMBER/IBAN
ACCOUNT NAME:
ACCOUNT SIGNATORY
BANK OFFICER:
herein referred to as herein referred to as “RECEIVER”
NOTE: Terms such as leasing, buy/sell, one/two way, are not applicable, not acceptable and in cases not even legal as suggesting illegal transactions
between private entities. Any references to costs and fees need also to be within the frames of the applicable laws and bank practices. Advance
payments are illegal and are prohibited. Transactions on/via screens for downloading etc are illegal and are prohibited. All business need to be
performed via and with the responsibilities of the banks involved. All especially the” electronic” signatures, must be validated.
PARTY “A “ 1 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
WHEREAS: PARTY A REPRESENTS AND WARRANTS WITH FULL CORPORATE RESPONSIBILITY, THAT IS RWA AND HAS THE RESOURCES TO
ENTER INTO A JOINT VENTURE FOR INVESTMENT PURPOSES AND TO DELIVER SUITABLE FINANCIAL INSTRUMENTS, AS IS DESCRIBED BELLOW,
IN THE PRESENT AGREEMENT, IN TERMS OF THE ASSIGNMENTS PROVIDED. PARTY A ALSO DECLARES UNDER PENALTY OF PERJURY THAT THE
PARTICULAR INSTRUMENT WILL BE BACKED BY GOOD, CLEAN, OF NON CRIMINAL ORIGIN CASH FUNDS, ALSO CLEAR AND FREE FROM ANY
ENCUMBRANCES AND ANY LIENS OR ANY THIRD PARTY INTERESTS AND THAT IT IS SUITABLE FOR PROJECT FUNDING.
WHEREAS: PARTY B CONFIRMS WITH FULL CORPORATE AND LEGAL RESPONSIBILITY THAT IS RWA TO RECEIVE THIS INSTRUMENT INTO THE
NOMINATED IN THE PRESENT RECEIVING BANK COORDINATES FROM THE ALSO NOMINATED IN THE PRESENT SENDING BANK COORDINATES,
UNDER THE SPECIFIED BELLOW CONDITIONS AND PROCEDURES, WITHOUT ANY ALTERNATIONS AND/OR CHANGES. PARTY B ALSO
CONFIRMS FURTHER THAT HAS THE FINANCIAL CAPABILITY TO FULFILL THE REQUIREMENTS AND COVER ALL THE COSTS FOR THE IN THE
PRESENT TRANSACTION.
DESCRIPTION OF INSTRUMENT(S):
INSTRUMENT SWIFT MT 103 (CASH FUNDS BLOCKED)
ISSUING BANK TBA FOR ACCEPTANCE BY THE RECEIVER/RECEIVING BANK
ISSUE DATE WITHIN 3 DAYS FROM THE DATE OF THIS MOU IS BEING IN EFFECT
CURRENCY €URO
TERM ONE (1) YEAR AND ONE DAY WITH POSSIBLE R & E
INTEREST RATE ZERO PERCENT
TOTAL CONTRACT AMOUNT € 500,000,000.00 (FIVE HUNDRED MILLION) EUROS
TRANCHE AMOUNT € 500,000,000.00 (FIVE HUNDRED MILLION) EUROS
X % TO INVESTOR/PROVIDER BY ADVANCE PAYMENT VIA UNCONDITIONAL SWIFT MT 103
INVESTMENT RETURNS SECURITIZATION
Y % TO PAYMASTERS, 50-50% BETWEEN PROVIDER’S AND RECEIVER’S SIDE
PROFESSIONAL FEES &COSTS TOTAL
RE-INVESTMENTS Z % AS PER JVA WITH THE INVESTMENT PARTNER(S)
MODE OF PAYMENT SWIFT WIRE PAYMENT OR AS OTHERWISE AGREED BETWEEN PAYER AND BENEFICIARY(IES)
CORRESPONDENT BANK DETAILS FOR EUROS (IF APPLICABLE)
BANK NAME:
BANK ADDRESS:
BANK TELEPHONE
BANK FAX
BANK EMAIL
SWIFT CODE:
BIC CODE
BANK OFFICER
UCC ACCOUNT
US TDR
PARTY B SWIFT MT103 RECEIVERS PAYING BANK COORDINATES (IF DIFFERENT FROM THE ABOVE):
BANK NAME:
BANK ADDRESS:
BANK TELEPHONE
BANK FAX
BANK EMAIL
SWIFT CODE:
BIC CODE
BANK OFFICER
UCC ACCOUNT
US TDR
PARTY “A “ 2 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
A. PROCEDURE:
1. LOI (BY THE RECEIVER): INVESTING PARTY /PARTY B/ RECEIVER PREPARES THE PRESENT AS LOI WITH ALL OF THE REQUIRED
SUPPORTING DOCUMENTS AS PER THE ATTACHED ANNEX A. RECEIVER IS RESPONSIBLE TO HAVE THE CONTAINS OF THE LOI AND
ESPECIALLY THE SPECIMENS APPROVED AND ACCEPTED BY THE RECEIVING BANK. ( D1)
2. MOA: WITHIN THREE (3) DAYS FROM THE DATE OF SUBMISSION OF THE LOI BY PARTY B (RECEIVER) , PARTY A (PROVIDER/SENDER)
EXECUTES, SIGNS THE L.O.I. WHICH THEREBY AUTOMATICALLY BECOMES A FULL COMMERCIAL RECOURSE CONTRACT EFFECTIVE
FROM THE DAY AND TIME OF ITS DELIVERY VIA THE COORDINATOR, YET SUBJECT TO THE B2B ATV IN ARTICLE # 4 BELLOW. IN THE
MOA THE BANK COMFORT LETTERS, BCL -1 AND BCL-2 BY THE RECEIVER AND BCL-3 BY THE SENDER, WILL BE INCLUDED
TOGETHER WITH THE RESPECTIVE AUTHORIZATIONS TO VERIFY (ATV-1 AND ATV-2) SO TO PROVIDE THE ASSURANCE THAT BOTH
SIDES ARE COMMITTED AND RWA TO PERFORM. ( D1+(1-3)
3. LODGING OF MOA: WITHIN THE FOLLOWING BANK DAY OF THE DAY OF SIGNATURE (OR AN ALTERNATIVE DAY IF SO WILL BE AGREED
IN WRITTEN), THIS FULL COMMERCIAL RECOURSE CONTRACT IS LODGED BY BOTH PARTIES TO THEIR RESPECTIVE BANKS AND THIS
TASK IS CONFIRMED BY BOTH VIA E-MAIL. ( D2+1)
4. B2B COMS UNDER ATV: WITHIN THE FOLLOWING BANK DAY AND THE PREARRANGED -SPECIFIC TIME WINDOW THE BANK OFFICERS
MAY MAKE USE OF THE ATVS TO INITIATED B2B COMMUNICATION FOR THE STATED PURPOSES (E.G. CURTSEY AND TEST
COMMUNICATIONS, TO CONFIRM/VERIFY THE BCLS ETC. AS NEEDED. THESE B2B COMMUNICATIONS ARE RESTRICTED AND
LIMITED TO THE APPLICABLE STANDARDS OF B2B COMMUNICATIONS PROTOCOL. IF ANY FURTHER COMMUNICATIONS WILL BE
REQUIRED, SIMILAR AUTHORIZATION(S) AND ARRANGEMENT(S) WILL BE AGREED IN WRITTEN. (D3+1)
5. DELIVERY OF SWIFT MT799 PREADVICE : WITHIN THE FOLLOWING THREE BANK DAYS SENDER, WILL ISSUE AND DELIVER SWIFT MT
799 PREADVISE (SPECIMEN AS PER APPENDIX 1) AND WILL PROVIDE A VALID CURTSEY COPY OF THE MT799 PREADVISE TO THE
COORDINATOR (E-MAIL BELLOW) FOR THE ADVISE OF THE RECEIVER/RECEIVING BANK. ACCORDING TO THE VERBIAGE OF THE
SWIFT799 THE RECEIVING BANK WILL SEND BY RETURN A SWIFT MESSAGE REQUEST TO AUTHENTICATE/VERIFY THE SWIFT 799
PREADVISE AND WILL STATE WITH FULL BANK RESPONSIBILITY THAT IS READY TO RECEIVE AND FUND THE SWIFT 103 AS PER THE
APPROVED VERBIAGE. ( D4+(1-3).
6. DELIVERY OF SWIFT MT799 ICBPO: UNLESS OTHER WRITTEN ARRANGEMENTS WILL BE MADE, THE RECEIVER, WITHIN THE
FOLLOWING THREE (3) BANK DAYS, WILL ISSUE AND SEND VIA HIS BANK TO THE NOMINATED BENEFICIARIES BANK COORDINATES,
THE SWIFT MT799 ICBPOS. VERBIAGE/SPECIMEN(S) PROVIDED WITH THE PRESENT (D5 +(1-3)):
INVESTMENT RETURNS SECURITIZATION % X TO INVESTOR/PROVIDER IN ADVANCE VIA UNCONDITIONAL SWIFT MT 103
PROFESSIONAL FEES &COSTS TOTAL Y 50-50% BETWEEN PROVIDER’S-RECEIVER’S SIDE AS PER FPA AND ICBPO
RE-INVESTMENTS Z AS PER SPECIFIC JVA
7. DELIVERY OF SWIFT MT103: THE SENDER IN RETURN TO TASKS #3 AND WITHIN THE FOLLOWING THREE (3) BANK DAYS, WILL ISSUE
AND DELIVER VIA HIS SENDING BANK, THE SWIFT MT103. SPECIMEN AS PER THE ATTACHED APPENDIX 3. ((D6 +(1-3))
8. REQUEST FOR VERIFICATION : THE RECEIVING BANK WILL SENT BY RETURN A SWIFT REQUEST FOR VERIFICATION. RECEIVER WILL
PROVIDE A COPY OF THE REQUEST FOR VERIFICATION TO THE SENDER VIA THE COORDINATOR’S E-MAIL (D7 +1)
9. VERIFICATION: UPON THE ABOVE REQUEST FOR VERIFICATION THE SENDING BANK WILL AUTHENTICATE/CONFIRM/VERIFY THE
SWIFT MT 103. A CURTSEY COPY OF THE VERIFICATION WILL BE DELIVERED VIA THE COORDINATOR (D8 +1).
10. RELEASE OF PAYMENTS: UPON THE VERIFICATION OF THE SWIFT 103 BY THE SENDING BANK, THE PAYMENTS IN STEP 6 ABOVE ARE
DUE AND WILL BE MADE WITHIN THE BANK DAYS SPECIFIED TO THE ACCOUNTS AS SPECIFIED IN THE ICBPOS IN ANNEX C-D-E. (D9 +X)
11. CLARIFICATION(S): FOR THE AVOIDANCE OF ANY MISUNDERSTANDING THE TERM “CASH-BACK” STANDS VALID FOR THE PURPOSES
OF THE COLLATERAL/INSTRUMENT. NO IMMEDIATE /SAME DAY /CASH PAYMENT IS IMPLIED PRIOR TO THE DAY OF MATURITY IN
WHICH CASE THE RECEIVER ALONE IS RESPONSIBLE TO EITHER PAY IN FULL THE CREDIT HE HAS RECEIVED OR TO REPLACE THE
COLLATERAL OR THE REQUEST AND SIGN AN EXTENSION AGREEMENT UNDER THE SAME CONDITIONS.
12. TERMINATION: UNLESS THIS AGREEMENT WILL BE CANCELLED AND/OR ANNOUNCED CEASED AND DESIST DURING THE PROCESS
OF THE PREVIOUS STEPS (THAT IS IN CASE ANY OF THE TWO PARTIES WILL FAIL TO COMPLY WITH ANY OF THE MAJOR TERM AND
CONDITIONS, IF THE SWIFT MT MESSAGES WILL NOT BE ISSUED OR AUTHENTICATED WITHIN A MAXIMUM OF THREE BANK DAYS OR
IF ANY TASK WILL BE DELAYED BEYOND THE ALLOCATED TO EACH TIME PERIOD, WITHOUT THE WRITTEN CONSENT OF THE
RESPECTIVE PARTY), OR UNLESS IT WILL BE RENEWED AND/OR EXPANDED WITH AN AMENDMENT AGREEMENT SIGNED TWO
MONTHS PRIOR TO THE DATE OF MATURITY, THIS AGREEMENT WILL BE TERMINATED DURING THE LAST MONTH PRIOR TO MATURITY
AND THE RECEIVING PARTY IS OBLIGED TO REPLACE THE COLLATERAL WITH OTHER OF HIS OWN AND TO RETURN THE IN PRESENT
UNENCUMBERED AND FREE OF ANY LIENS OR IT WILL BE ANNOUNCED AS C & D /CANCELLED ON HIS ACCOUNT .
NOTE 1 : COPIES OF ALL SWIFT MESSAGES AND FORMAL COMMUNICATIONS WILL BE DELIVERED VIA THE COORDINATOR’S E-MAIL
euroinvest.ltd.co@gmail.com .
PARTY “A “ 3 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
FORCE MAJEURE:
ANY DELAY OR FAILURE OF PERFORMANCE BY EITHER PARTY OF THEIR RESPECTIVE OBLIGATIONS UNDER THIS AGREEMENT SHALL
CONSTITUTE A BREACH HEREUNDER AND WILL GIVE RISE TO CLAIMS FOR DAMAGES IF, AND TO THE EXTENT THAT SUCH DELAYS OR FAILURES
IN PERFORMANCE ARE NOT CAUSED BY EVENTS OR CIRCUMSTANCE BEYOND THE CONTROL OF SUCH PARTY. THE TERM “BEYOND THE
CONTROL OF SUCH PARTY“ INCLUDE ACT OF WAR, REBELLION, FIRE, FLOOD, EARTHQUAKE OR OTHER NATURAL DISASTERS. ANY OTHER
CAUSE NOT WITHIN THE CONTROL OF SUCH PARTY OR WHICH IS BY EXERCISE OF REASONABLE DILIGENCE, THE PARTY WILL BE UNABLE TO
FORESEE OR PREVENT OR REMEDY.
NON-SOLICITATION
PARTY B HEREBY CONFIRMS AND DECLARES THAT PARTY A, ITS ASSOCIATES OR REPRESENTATIVES OR ANY PERSON OR PERSONS ON ITS
BEHALF HAS/HAVE NEVER EVER SOLICITED PARTY B, ITS SHAREHOLDERS OR ASSOCIATES OR REPRESENTATIVES IN ANY WAY WHATSOEVER
THAT CAN BE CONSTRUED AS A SOLICITATION FOR THIS TRANSACTION OR FOR FUTURE TRANSACTIONS. ANY DELAY IN OR FAILURE OF
PERFORMANCE BY EITHER PARTY OF THEIR RESPECTIVE OBLIGATIONS UNDER THIS AGREEMENT SHALL CONSTITUTE A BREACH HEREUNDER
AND WILL GIVE RISE TO CLAIMS FOR DAMAGES IF, AND TO THE EXTENT THAT SUCH DELAYS OR FAILURES IN PERFORMANCE ARE NOT CAUSED
BY EVENTS OR CIRCUMSTANCE BEYOND THE CONTROL OF SUCH PARTY. THE TERM “BEYOND THE CONTROL OF SUCH PARTY “INCLUDE ACT
OF WAR, REBELLION, FIRE, FLOOD, EARTHQUAKE OR OTHER NATURAL DISASTERS. ANY OTHER CAUSE NOT WITHIN THE CONTROL OF SUCH
PARTY OR WHICH IS BY EXERCISE OF REASONABLE DILIGENCE, THE PARTY WILL BE UNABLE TO FORESEE OR PREVENT OR REMEDY.
ARBITRATION:
ALL DISPUTES AND QUESTIONS WHATSOEVER WHICH ARISES BETWEEN THE PARTIES TO THIS AGREEMENT AND TOUCHING ON THIS
AGREEMENT ON THE CONSTRUCTION OR APPLICATION THEREOF OR ANY ACCOUNT COST, LIABILITY TO BE MADE HEREUNDER OR AS TO ANY
ACT OR WAY RELATING TO THIS AGREEMENT SHALL BE SETTLED BY THE ARBITRATION IN ACCORDANCE WITH THE ARBITRATION LAWS OF THE
ICC.
NON CIRCUMVENTION, NON DISCLOSURE & WORKING CONDITIONS
BOTH PARTIES AS LEGALLY DEFINED ENTITIES AND THEIRS ARE OBLIGED TO RESPECT IN FULL ALL THE RULES AND NORMS IN REGARD TO
INFORMATION NON DISCLOSURE, FEE PROTECTION AND NON CIRCUMVENTION AS SPECIFIED BY THE INTERNATIONAL CHAMBER OF
COMMERCE (I.C.C 400 / 500 / 600). IN ORDER TO ASSURE FULL TRANSPARENCY ALL COMMUNICATIONS BETWEEN THE PARTIES WILL BE
MADE VIA AND WITH THE RESPONSIBILITY OF THE PARTY “COORDINATOR”.
THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT AND UNDERSTANDING CONCERNING THE SUBJECT MATTER HEREOF AND SUPERSEDES
AND REPLACES ALL PRIOR NEGOTIATIONS AND PROPOSED AGREEMENTS, WRITTEN OR ORAL. NEITHER OF THE PARTIES MAY ALTER, AMEND,
NOR MODIFY THIS AGREEMENT, EXCEPT BY AN INSTRUMENT IN WRITING SIGNED BY BOTH PARTIES. THIS AGREEMENT WILL BE GOVERNED BY
AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF UNITED KINGDOM. IN THE EVENT THAT EITHER PARTY SHALL BE REQUIRED TO BRING
ANY LEGAL ACTIONS AGAINST THE OTHER IN ORDER TO ENFORCE ANY OF THE TERMS OF THIS AGREEMENT THE PREVAILING PARTY SHALL BE
ENTITLED TO RECOVER REASONABLY ATTORNEY FEES AND COSTS.
PARTY “A “ 4 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
PARTY “A “ 5 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
PARTY “A “ 6 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
Declarations:
1. I hereby swear under penalty of perjury, that the information provided is both true and accurate.
2. I am the signatory on the aforementioned bank account. All monies engaged in this transaction are
derived from non-criminal origin; and, are good, clean and cleared.
3. The origins of funds are in compliance with Anti-Money-Laundering Policies as set forth by the
Financial Action task Force (FATF) 6/01.
4. MY BANK IS LISTED IN THE INTERNATIONAL BANKERS ALMANAC under ……….
NAME
ADDRESS
REPRESENTED BY 1
REPRESENTED BY 2
PARTY “A “ 7 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
PARTY “A “ 8 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
PARTY “A “ 9 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
PARTY “A “ 10 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
APPENDIX–A5: AFFIDAVIT/AFFIRMATION
NAME
ADDRESS
REPRESENTED BY 1
REPRESENTED BY 2
PARTY “A “ 11 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
APPENDIX–A6: BCL/RWA
BANK’S LETTERHEAD
Date xxxxxxxxxxxxxxxxxxxxxxx
From xxxxxxxxxxxxxxxxxxxxxxx
To Account Name/Holder
Account Number
Subject xxxxxxxxxxxxxxxxxxxxxxx
Ref. xxxxxxxxxxxxxxxxxxxxxxx
Dear client,
We are pleased to inform you that you have been a client of our bank/branch since ….. (or
for xy years) having with us Credit Line, Deposit/savings and/or Checking/Cash/Debit
accounts, all current and updated and without any problems whatsoever.
The current balance of your Checking/Cash/Debit account, is at the low/mid/high 6 digit
numbers.
The present is verifiable via standard authorized Bank To Bank communication after
prearrangement of a time window, with Reference to the above TRN.
PARTY “A “ 12 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
From: xxxxxxxxxxxxxxxxxxxxxxx
To: xxxxxxxxxxxxxxxxxxxxxxx
TRN: xxxxxxxxxxxxxxxxxxxxxxx
__________________________
(Signature)
Name / Title
Passport No. / Country
PARTY “A “ 13 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
PARTY “A “ 14 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
APPENDIX–B-1: BCL
PARTY “A “ 15 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
APPENDIX–B-2: ATV
PARTY “A “ 16 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
APPENDIX–B-1: BCL
PARTY “A “ 17 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
APPENDIX–B-2: ATV
Date: xxxxxxxxxxxxxxxxxxxxxxx
From: xxxxxxxxxxxxxxxxxxxxxxx
To: xxxxxxxxxxxxxxxxxxxxxxx
TRN: xxxxxxxxxxxxxxxxxxxxxxx
__________________________
(Signature)
Name / Title
Passport No. / Country
PARTY “A “ 18 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
ANNEX C: SPECIMENS
APPENDIX -C1: SPECIMEN OF THE SWIFT MT799 PREADVISE
FROM
BANK NAME:
BANK ADDRESS:
BANK PHONE
BANK FAX :
EMAIL
SWIFT :
TTY:
TELEX :
BIC :
ACCOUNT NUMBER/IBAN
ACCOUNT NAME:
ACCOUNT SIGNATORY
BANK OFFICER
TO
BANK NAME:
BANK ADDRESS:
BANK PHONE
BANK FAX :
EMAIL
SWIFT :
ACCOUNT NUMBER / IBAN
ACCOUNT NAME:
ACCOUNT SIGNATORY
BANK OFFICER
TRN
PARTY “A “ 19 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
-------------------------------MESSAGE HEADER-----------------------------------
BANK OFFICER
TRN
DATE: XX/XX/2013
CURRENCY: EURO
AMOUNT: 500,000,000.00 FIVE HUNDRED MILLIONS
33B: CURRENCY/INSTRUCTED AMOUNT EUROS: 500,000,000.00
50K: ORDERING CUSTOMER-NAME & ADDRESS : XXXXXXXXXXXXXXX
53A: SENDER’S CORRESPONDENT – FI BIC
PARTY “A “ 20 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
-------------------------------MESSAGE TRAILER----------------------------------
[CHK: XXXXXXXXXX ]
2013/BOOK/XXXXXXXX
PKI: XXXXXXXXXX
NUMBER REFERENCE: 2013/XXX
NUMBER TRANSACTION: XXXXXXX
PKI: XXXXX
MAC: XXXXX
PAC: XXXXX
RMA: XXXXX
ANSWERBACK CODE: XXXXXXX
NUMBER TEXT: XXXXXXX
---------------------------------INTERVENTIONS---------------------------------
PARTY “A “ 21 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
ON A BANK TO BANK BASIS BY A NOMINATED BANK MANAGER/OFFICER CONTACTING THE UNDERSIGNED ONLY BY
SWIFT BANKING PROTOCOL THAT YOU/YOUR CLIENT IS READY TO WITHIN TWO (2) BANK DAYS ISSUE SWIFT MT
103/23 PAYMENTS FOR THE SECURITIZATION OF THE INVESTMENT, THE INVESTMENT RETURNS AND THE
PROFESSIONAL FEES IN CONTRACT, TO BE RELEASED IN 3BANKING DAYS AFTER OUR VERIFICATION OF THE PRESENT
AS PER YOUR RQUEST.
THIS INSTRUMENT FOLLOWS THE PATRIOT ACT. THIS BANK INSTRUMENT IS SUBJECT TO THE UNIFORM CUSTOMS
AND PRACTICE UNDER INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NUMBER 500/600, LATEST
REVISION, AS IT RELATES TO BANK CREDIT INSTRUMENTS.
FOR AND ON BEHALF OF ……………………………………., ALL CHARGES ARE FOR THE ACCOUNT OF THE SENDER.
______________________________________ _____________________________________________
SIGNED BY TWO BANK OFFICERS
PARTY “A “ 22 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
BANK OFFICER
TO
BANK NAME
BANK ADDRESS
SWIFT CODE
BANK PHONE/FAX NO.
BANK OFFICER
BANK ACCOUNT
IBAN
ACCOUNT NAME
ACCOUNT SIGNATORY
TRN
SUBJECT
WE, (BANK NAME , AND ADDRESS) HEREBY CONFIRM WITH FULL BANK RESPONSIBILITY THAT OUR CLIENT, (CLIENT NAME) HAS
ON DEPOSIT WITH OUR BANK CASH FUNDS IN ACCOUNT NO. (ACCOUNT NUMBER) OF THE SUM OF €0,000,000 (XXXXXXXXX
MILLION EUROS). WE HEREBY CONFIRM THAT THESE FUNDS IN THE TOTAL SUM OF €0,000,000 (XXXXXXXXX MILLION EUROS)
HAVE BEEN RESERVED IN FAVOUR OF XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX, THESE FUNDS SHALL REMAIN
BLOCKED FOR A PERIOD OF SEVEN (7) DAYS FROM THE DATE OF ISSUANCE OF THIS INSTRUMENT FOR THE FULL USE AND
BENEFIT OF XXXXXXXXXXXXXXXXXXXXXX WITH ACCOUNT NUMBER XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
WE FURTHER CONFIRM THAT THESE FUNDS ARE CLEAN, CLEAR AND FREE OF ANY LIENS OR ENCUMBRANCES AND CAN BE
RELIED UPON FOR FULL PAYMENT TO XXXXXXXXXXXXXXXXXXXXXX WITH ACCOUNT NUMBER XXXXXXXXXXXXXXXXXXX AT THE
EXPIRATION OF SEVEN (7) DAYS FROM THE DATE OF ISSUANCE OF THIS INSTRUMENT. THIS IRREVOCABLE, OPERATIVE
INSTRUMENT IS TRANSFERABLE, ASSIGNABLE, CALLABLE AND DIVISIBLE AND MAY BE CONFIRMED ON A BANK TO BANK BASIS.
______________________________________ _____________________________________________
SIGNED BY TWO BANK OFFICERS
NAME
ADDRESS
REPRESENTED BY 1
REPRESENTED BY 2
PARTY “A “ 23 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
APPENDIX D-2:
IRREVOCABLE PAYMENTS PROTECTION AGREEMENT
THE MT103 RECEIVER irrevocably agrees to pay a total fee of x, y, z % of the face value of SWIFT MT103 instrument
as securitization fees for the transaction.
The parties agree that these fees are irrevocable and guaranteed to be paid unconditionally and simultaneously to
the BENEFICIARIES on each related ICBPO as per the attached drafts with funds free of legal impediment and free of
any deductions, adding bank transfer fees, for this and all subsequent transactions between the parties.
In consideration of the mutual benefits to be derived by the associates or affiliated individuals, agents, companies,
designees, trustees or executors, it is understood and agreed that the parties hereto are mutually desirous of
effecting this business transaction in co-operation with one another for their mutual benefit and all signatory
parties agree to abide by the following terms and conditions:
1. The signatory agrees to keep as confidential, the identity of and all contacts so provided by any other
signatories.
3. The parties hereto agree that all commissions or fees as agreed by the parties shall be paid in full at the end of
every transaction.
4. This agreement shall be legally binding on the parties hereto, their principals, employees, representatives, agents
and assigns in all countries of the world.
The parties hereto affirm that in every case they will act with the highest standards of ethics and honesty in all their
dealings.
This agreement shall be respected and honored at all times, unless otherwise mutually agreed upon and any
party will permit no attempt or hint of circumvention. Each of the above parties agrees and understands that any
overt or covert action of circumvention prescribed by this agreement shall be a fraudulent act against the other
THE PROVIDER and will be subject to judicial action, recompense for damages, possible punitive damages and
injunctive relief imposed by the legal process.
Both parties hereby agree that the disbursement of funds will be distributed as follows:
NAME
ADDRESS
REPRESENTED BY 1
REPRESENTED BY 2
PARTY “A “ 24 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
BANK OFFICER
TO
BANK NAME
BANK ADDRESS
SWIFT CODE
BANK PHONE/FAX NO.
NAME
ADDRESS
REPRESENTED BY 1
REPRESENTED BY 2
PARTY “A “ 25 PARTY “ B”
TRANSACTION CODE XXXXX/YYYYY -01
BANK OFFICER
TO
BANK NAME TBA
BANK ADDRESS TBA
SWIFT CODE TBA
BANK PHONE/FAX NO. TBA
BANK OFFICER TBA
IBAN TBA
ACCOUNT NAME TBA
ACCOUNT SIGNATORY TBA
SPECIAL INSTRUCTION THE REMITTER IS KNOWN TO US. THIS IS DONE WITH FULL BANKING RESPONSIBILITY AND WE
ARE SATISFIED AS TO THE SOURCE OF FUNDS SENT TO US. A COURTESY COPY OF THE SWIFT
WIRE CONFIRMATION RECEIPT WILL BE PROVIDED
WE, XXXXXXXXXXXXXXXXXXXX , AND XXXXXXXXXXXXXXXXXXXX HEREBY CONFIRM WITH FULL BANK RESPONSIBILITY THAT
OUR CLIENT, XXXXXXXXXXXXXXXXXXXX HAS WITH OUR BANK AND HIS IN ACCOUNT NO XXXXXXXXXXXXXXXXXXXX ENOUGH
CREDIT TO PAY THE SUM OF € XXXXXXXX (XXXXXXXXXXXXXXXXXXXX MILLION EUROS) FOR …… . WE HEREBY CONFIRM THAT
THESE FUNDS IN THE TOTAL SUM OF € XXXXXXXX (XXXXXXXXXXXXXXXXXXXX MILLION EUROS) WILL BE RESERVED IN FAVOUR
OF YOUR CLIENT XXXXXXXXXXXXXXXXXXX ACCOUNT XXXXXXXXXXXXXXXXXXX AND WILL REMAIN BLOCKED FOR A PERIOD
OF SEVEN (7) /FOURTEEN (14)/TWENTY ONE (21) DAYS FROM THE DATE OF ISSUANCE /DELIVERY/VERIFICATION OF THE
INSTRUMENT IN THIS TRAN XXXXXXX FOR THE FULL USE AND BENEFIT YOUR CLIENT XXXXXXXXXXXXXXXXXXX ACCOUNT
XXXXXXXXXXXXXXXXXXX. WE FURTHER CONFIRM THAT THESE FUNDS ARE CLEAN, CLEAR AND FREE OF ANY LIENS OR
ENCUMBRANCES AND CAN BE RELIED UPON FOR FULL /PARTIAL PAYMENT TO YOUR CLIENT XXXXXXXXXXXXXXXXXXX
ACCOUNT XXXXXXXXXXXXXXXXXXX WITHIN THE TIME PERIOD OF THE SEVEN (7)/ FOURTEEN (14)/TWENTY ONE (21) DAYS
FROM THE DATE OF ISSUANCE /DELIVERY/VERIFICATION OF THE INSTRUMENT IN THIS TRN XXXXXXX. THIS IRREVOCABLE,
OPERATIVE INSTRUMENT IS TRANSFERABLE, ASSIGNABLE, CALLABLE AND DIVISIBLE AND MAY BE CONFIRMED ON A BANK TO
BANK BASIS.
_______________________________________________________________________________
SIGNED BY TWO BANK OFFICERS
NAME
ADDRESS
REPRESENTED BY 1
REPRESENTED BY 2
PARTY “A “ 26 PARTY “ B”