Deed of Agreement Template 6%
Deed of Agreement Template 6%
This Agreement is made and enter the date 00/00/2024, by and between the party described below:
Corporate Name
Mailing Address
Company Reg.
Country
Represented By
Title
Passport No
Nationality
Telephone No
Direct Email
WHEREAS, the RECEIVER desires to lease BG/SBLC/MTN from the SENDER. RECEIVER confirms with
full corporate and legal responsibility that funds are available to fulfill the requirements for the Leasing
of the instrument and are ready and further confirms to cooperate with the SENDER.
WHEREAS, the SENDER desires to lease, transfer and assign all rights title and interest of the
BG/SBLC/MTN to the RECEIVER. SENDER represents and warrants that it has the ability and resources
to arrange through associates, contacts and sources, with full corporate responsibility, financial
instruments per the terms of assignments to be provided to RECEIVER. SENDER hereby declares under
penalty of perjury that the BG/SBLC/MTN will be backed by funds that are good, clean, clear, and free of
criminal origin. The BG/SBLC/MTN will be free and clear of all liens, encumbrances and third party
interests.
SENDER’S INITIAL R.S. PAGE 1 OF 10 RECEIVER’S INITIAL
LETTER HEAD
NOW THEREFORE, the RECEIVER has agreed to lease the BG/SBLC/MTN at total of 6% of Face Value
(plus) SENDER-consultant fees (2%) for the instruments requested and SENDER has agreed to issue the
BG/SBLC/MTN for sale/lease and both Parties hereby agree to the following:
1. SENDER and RECEIVER to execute, sign and initial this Deed of Agreement which thereby
automatically becomes a full recourse commercial contract
2. Within 3 days after both parties have signed the Agreement, SENDER submits the contract
to his bank for record. SENDER sends copy of the signed contract in PDF form, a copy of the
bank-instruction letter, invoice and a copy of the Corporate Refund Undertaking Letter to
RECEIVER.
3. Within three (3) working days after the RECEIVER receives contract documents
including the invoice and corporate refund undertaking from the SENDER, RECEIVER
will make payment by direct wire transfer to the SENDER’S provided bank coordinates
for the receiving of the bank transmission/ PORTFOLIO RESERVATION COST for the Pre-
Advice via Swift MT799 or BG/SBLC via Swift MT760 or both as the case maybe.
4. Within 3 banking days after confirmation of the RECEIVER’S payment of the Bank
Charges, SENDER’S Bank to send the SWIFT MT799 and MT760 to RECEIVER’s bank for
RECEIVER’S confirmation.
7 After 30 banking days, SENDER will refund, to the RECEIVER, the Bank Charges to
RECEIVER’s provided bank account.
NON-SOLICITATION
The RECEIVER hereby confirms and declares that the SENDER, its associates or representatives or any
person or persons on its behalf, has/have never ever solicited the RECEIVER, its shareholders or
associates or representatives, in any way whatsoever that can be construed as a solicitation for this
transaction or for future transactions.
SENDER’S INITIAL R.S. PAGE 2 OF 10 RECEIVER’S INITIAL
LETTER HEAD
FORCE MAJEURE
Any delay in or failure of performance by either party of their respective obligations under this
agreement shall not constitute a breach hereunder or give rise to any claims for damages if, and to the
extent that such delays or failures in performance are caused by events or circumstance beyond the
control of such party.
The term “Beyond the Control of Such Party” include lawful order of Government or Authority, Act of
War, rebellion or sabotage, fire, flood, earthquake or other natural disasters. Any other causes 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.
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 EU. In
the event that either party shall be required to bring any legal actions against the other it enforce any of
the terms of this agreement, the prevailing party shall be entitled to recover reasonably attorney fees
and costs.
________________________________ ___________________________________
Name: Mr. TAI SUM LAM Name:
Passport #: A55289993 Passport #:
Nationality: MALAYSIAN Nationality:
Issue date: 08 SEP 2021 Date of Issue:
The SENDER and RECEIVER agree to the following banking co-ordinates pertaining to the Agreement
herein above:
Bank Phone
Bank Fax
SENDER BANK CO-ORDINATES TO RECEIVE BANK CHARGES NOMINATED BY THE SENDER FOR PRE-ADVICE FEE:
Bank Name
Bank Address
Account Holder
SWIFT Code
IBAN
ADDRESS
SENDER RESERVES THE RIGHT TO USE ANY BANK ACCOUNT TO RECEIVE BANK CHARGES OR HIS FEE. (IT’S OUR BANK REGULATIONS
AND PROCEDURE)
“EXHIBIT A”
SAMPLE REFUND UNDERTAKING LETTER
(Text may vary in substance but the essential undertaking must be maintained)
OFFICER SIGNATURE
OFFICER NAME
TITLE
“EXHIBIT B”
SAMPLE INVOICE FOR EXTERNAL AUDITORS’ FEES FOR SWIFT HARMONIZATION TO SEND
SWIFT MT799 AND MT760
(Text may vary in substance but the essential undertaking must be maintained)
WE HEREBY SUBMIT OUR INVOICE FOR THE WIRE TRANSFER PAYMENT OF $€00,000.00 (AMOUNT
IN WORD) BEING THE BANK SWIFT TRANSMISSION/PORTFOLIO RESERVATION AND HANDLING
CHARGES TO SEND EXTERNAL AUDITORS’ FEES FOR SWIFT HARMONIZATION TO SEND MT799 AND
MT760 BY SWIFT FOR A FRESH CUT BG/SBLC OF $€00,000,000.00 (AMOUNT IN WORD) WHICH OUR
ISSUING BANK WILL SEND BY SWIFT MT760 TO YOUR RECEIVING BANK ACCOUNT AS STATED IN
OUR DEED OF AGREEMENT.
KINDLY TRANSFER THE TOTAL SUM OF $€00,000.00 (AMOUNT IN WORD) BEING THE BANK
TRANSMISSION CHARGES INTO OUR PROVIDED BANK ACCOUNT BELOW AND SEND A
CONFIRMATION COPY.
BANK NAME :
BANK ADDRESS :
SWIFT CODE :
ACCOUNT NO :
BENEFICIARY :
FURTHER CREDIT TO :
OFFICER SIGNATURE
OFFICER NAME
TITLE
EXHIBIT B1
SWIFT MT 799 FORMAT MESSAGE
ADDRESS:
ACCOUNT NUMBER:
ACCOUNT HOLDER:
SWIFT CODE:
BANK OFFICER:
TEL. NUMBER:
------------------------------------------------ Message Text ------------------------------------------------
AS PER MAKING A PRIVATE FUNDING AGREEMENT BETWEEN YOUR BANK’S CLIENT, ----------- AND
_________________ LTD,WE CONFIRM THAT___________________LIMITED READY, WILLING AND
ABLE TO RECEIVE THE FUND AND COMPLETE THE TRANSACDION, WE REQUEST YOU TO
CONFIRM AND REPLY OUR BANK VIA MT 199/799 THAT___________________ LIMITED ARE READY,
WILLING AND ABLE TO RECEIVE THE BANK GUARANTEE IN ----- MILLION EURO TO BE
ISSUED BY Deutsche Bank, HSBC BANK. Credit Suisse or Top 25 European Bank AA or better with normal
exclusions. AND ATTACH PROOF OF FUND IN ----------MILLION EURO
FOR AND ON BEHALF OF
__________________BANK
SIGNED BY SIGNED BY
_____________________ _______________
TITLE TITLE
“EXHIBIT D”
SAMPLE SWIFT MT760 FROM ISSUING BANK TO RECEIVER BANK
(Text may vary in substance but the essential undertaking must be maintained)
FROM
BANK NAME:
BANK ADDRESS:
BANK TEL:
BANK FAX:
BENK OFFICER NAME:
SWIFT CODE:
ACCOUNT NAME:
ACCOUNT NO:
TO
BANK NAME:
BANK ADDRESS:
BANK TEL:
BANK FAX:
BENK OFFICER NAME:
SWIFT CODE:
ACCOUNT NAME:
ACCOUNT NO:
TRANSACTION CODE:
BG/SBLC NO:
CURRENCY:
AMOUNT:
ISSUING DATE:
MATURITY DATE:
FOR THE VALUE RECEIVED, WE <NAME & ADDRESS OF BG/SBLC ISSUING BANK> HEREBY IRREVOCABLY AND
UNCONDITIONALLY, WITHOUT PROTEST OR NOTIFICATION PROMISE AND GUARANTEE TO PAY ON TIME, IN
FULL AND WITHOUT DELAY, AGAINST THIS BG/SBLC IN FAVOUR OF XX CLIENT’S NAME XXX, THE BEARER OR
HOLDER THEREOF, AT MATURITY THE OF 00,000,000.00 (AMOUNT IN WORD) IN THE LAWFUL CURRENCY OF
XXX THE UNITED STATES OF AMERICA OR EUROPEAN UNION.
SUCH PAYMENT WILL BE UPON PRESENTATION AND SURRENDER OF THIS BG /SBLC AT THE OFFICE OF
XX<NAME OF BG/SBLC ISSUING BANK>XX WITHOUT SETOFF AND FREE AND CLEAR OF ANY DEDUCTIONS,
CHARGES, FEE OR WITHHOLDING OF ANY NATURE NOW OR HEREAFTER IMPOSED, LEVIED, COLLECTED,
WITHHELD OR ASSESSED BY THE GOVERNMENT OF THE ISSUING OR PAYING BANK OR ANY POLITICAL
SUBDIVISION OR AUTHORITY THEREOF OR THEREIN.
THIS BG/SBLC SHALL BE GOVERNED AND BE CONSTRUED IN ACCORDANCE WITH THE UNIFORM RULES FOR
DEMAND GUARANTEE (URDG), AS SET FORTH BY THE INTERNATIONAL CHAMBER OF COMMERCE, PARIS,
FRANCE ICC PUBLICATION #600.
The parties agree that the commission fees stated are compensation for services rendered and are
irrevocably and unconditionally guaranteed to be paid by the RECEIVER to the agents and
intermediaries listed in this FPA by wire transfer simultaneously with the RECEIVER’s payment of _____
% of the face value of the BG/SBLC as Leasing fee to the SENDER for every tranche and/or transaction
of the BG/SBLC. The commission fees will be free of legal impediment and free of any deductions,
excluding 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. Each party agrees that they will not make any contact with, deal with or be involved with individuals,
trader and investor introduced by another signatories without specific permission of the introduced
signatory for the Investor.
2. The signatory agrees to keep confidential the identity of and all contacts so provided by any other
signatories.
SENDER’S INITIAL R.S. PAGE 8 OF 10 RECEIVER’S INITIAL
LETTER HEAD
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.
5. The parties hereto affirm that in every case they will act with the highest standards of ethics and
honesty in all their dealings.
6. 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 agree and understand that any overt or covert action of circumvention
prescribed by this agreement shall be a fraudulent act against the other party 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 agents and intermediaries referred to in this FPA shall be as follows:
TOTAL COMMISSION FEE OF 2% (TWO PERCENT) OF FACE VALUE IN EURO/USD PAID BY THE RECEIVER TO
BE SHARED EQUALLY AS FOLLOW:
PARTICULARS PAYMASTER 1
Name
Law Firm Address
Law Firm Telephone #
Law Firm Facsimile #
E-mail
Bank Name
Bank Address
SENDER’S INITIAL R.S. PAGE 9 OF 10 RECEIVER’S INITIAL
LETTER HEAD
Special Instructions:
ALL TRANSFER INSTRUCTIONS SHALL STATE: “FUNDS ARE CLEAN
Required Message: AND CLEAR, OF NON-CRIMINAL ORIGIN, AND ARE IMMEDIATELY
PAYABLE IN CASH”
This Fee Protection Agreement has been agreed and executed by the undersigned on the date of
00/00/2024.
________________________________ ___________________________________
Name: Mr. TAI SUM LAM Name:
Passport #: A55289993 Passport #:
Nationality: MALAYSIAN Nationality:
Issue date: 08 SEP 2021 Date of Issue: