KTT MT103 Template Option 2

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 10

CONFIDENTIAL DEED OF AGREEMENT FOR

KTT INVESTMENT FUNDS


TRANSACTION NUMBER: KTT/300MEURO/SATAG/(receiver)/(country)
DATE: November 25, 2022

PARTY A: Investor (SENDER)

COMPANY NAME
ADDRESS
REPRESENTED BY
PASSPORT N°
DATE OF EXPIRY
ISSUED PLACE
BANK NAME
BANK ADDRESS
TELEX CODE (KTT SENDER)
ACCOUNT NAME
ACCOUNT N° (USD)
BANKER NAME
BANKER TITLE
EMAIL
BANK TEL / FAX

AND

PARTY B: Partner (RECEIVER)

COMPANY NAME
ADDRESS

REGISTRATION N°
REPRESENTED BY
PASSPORT N°
DATE OF EXPIRY
ISSUED PLACE
TELEPHONE
EMAIL
BANK NAME
BANK ADDRESS
TELEX CODE (KTT
RECEIVER)
ACCOUNT NAME
ACCOUNT N°
SWIFT CODE
BANK OFFICER
EMAIL
BANK TEL / FAX

1. SUBJECT OF THE AGREEMENT:


1.1. Party A-Investor provides Party B-Partner investment funds via KTT. Investment funds will be sent to the fiduciary account
by Party B-Partner for investment and Trading as well as all kind of philanthropic activities.
1.2 Party A-Investor as “___” agrees to invest with Party B-Partner the amount €500,000,000.00 (FIVE HUNDRED MILLION EURO)
plus rolls and extensions by Telex KTT via MT103 specified in the present Agreement, and Party B-Partner irrevocably agrees to
receive and accept Investment and utilize it according to the purposes specified the above clause 1.1 without any kind of alteration
or protest.

Page 1 of 10
Party A/The Sender Party B/The Receiver
CONFIDENTIAL DEED OF AGREEMENT FOR
KTT INVESTMENT FUNDS
TRANSACTION NUMBER: KTT/300MEURO/SATAG/(receiver)/(country)
DATE: November 25, 2022
2. DESCRIPTION OF THIS TRANSACTION:
2.1 Party A-Investor
2.2 Party B-Partner
2.3 Type of Business: INVESTMENT FOR ECONOMIC AND SOCIAL PROJECTS
2.4 Banking Instrument: MONEY TRANSFER BY TELEX KTT MT103
2.5 Issuing Bank:
2.6 Address:
2.7 Receiving Bank:
2.8 Address:
2.9 Total face value: €500,000,000.00 (FIVE HUNDRED MILLION EURO) Plus Rolls and Extensions
2.10 Test tranche: €250,000.00, (TWO HUNDRED FIFTY THOUSAND EURO)
2.11 Terms & Conditions: SHALL BE DEFINED IN EACH PROJECT BY THE PARTIES
2.12 Transfers date: AS PER TRANSFER SCHEDULE
2.13 Ratio: As per PGL- Pay Order Instruction (45% & 5%/45% & 5%)

NOW THEREFORE, THE PARTIES AGREE AND COVENANT AS FOLLOWS:


The Parties agree that: All information above is incorporated herein by reference the same as if restated verbatim.
3. Protocol to start: PARTIES “exchange Telex Keys” for Telex KTT MT103 Cash Transfer Process.

4. PROCEDURES:
4.1 A formal Deed of Agreement or Contract is prepared for execution by the Receiver and the Sender, which is first provided to
the Receiver for the completion and identification of the receiving Bank.

A. The two bank officer’s set a window time and confer and establish that an MT999 exchange Telex Keys needs to be
accomplished between the two banks for transfer by KTT and creation of reciprocal nostro/vostro accounts.
B. After DOA is lodged with Sender, the transaction commences with a TEST Telex message, to the Receiver’s Bank, to
ensure that the KTT machines are “in synch” for KTT communications.
C. Once the KTT Receiver’s Bank has responded to the TEST message, then Sender’s Bank will wait for Sender to confirm
that Receiver has agreed to accept Cash Transfers, via KTT MT 103, from Sender’s Bank.

4.2 Sender’s Bank transmits MT 999 RMA (Relationship Management Agreement) to the Receiver’s Bank, making reference to
the underlying transaction, between Sender and the Receiver, and confirmation that a Nostro & Vostro Account will be
established with their Bank, to effectuate the Cash transfer. (WITHIN THIS PROCESS WE NEED TO EXCHANGE BANK
ONBOARDING PACKAGE, WOLFSBERG AML COMPLIANCE INFORMATION).

A. Within 3 banking Days, the Receiver’s Bank responds to the Sender’s Bank’s MT999 RMA Request with an MT999
KTT for our Bank’s KTT authentication keys and confirmation of Nostro & Vostro Account establishment.
B. Within 3 banking Days, Sender’s Bank transmits KTT MT 199 pre-advice to the receiver Bank, confirming that, at the
behest of the Sender (i.e. the MT 103 Single Customer Transfer Applicant) that the amount of each tranche has been reserved
for eventual credit to the receiving Bank’s Customer Account.
C. The Receiver’s Bank then responds with an MT199 that they are ready, willing and able to proceed with the transaction.
D. Sender’s Bank, then sends the MT103 Single Customer Credit via KTT to the Receiver’s Bank.
E. The Receiver’s Bank confirms the MT103 Single Customer Credit was received by them by sending a KTT MT998
message to the Sender’s Bank with subject MT910 (credit memo).

AND
F. Sender’s Bank responds with KTT MT900 message (debit confirmation) to Receiver’s Bank’s Nostro Account with
Sender’s Bank.

4.3 As soon as possible, but not more than 3 banking days from the time Sender’s KTT MT 900 debit to Receiver’s
Bank’s Vostro Account, settlement is carried-out with payment, not subject to possibility of annulment, by way of Brussels (a)
SWIFT MT 103 Single Customer Cash Transfer or (b) SWIFT MT 103turbo or (c) SWIFT GPI Funds Transfer or (c) SWIFT
MT 103plus.

SPECIAL NOTE RE THE VOSTRO NOSTO ACCOUNT SETTLEMENT: WHAT IS OCCURRING IS THE RECEIVER’S BANK
Page 2 of 10
Party A/The Sender Party B/The Receiver
CONFIDENTIAL DEED OF AGREEMENT FOR
KTT INVESTMENT FUNDS
TRANSACTION NUMBER: KTT/300MEURO/SATAG/(receiver)/(country)
DATE: November 25, 2022
WILL BE ADDING FUNDS TO THEIR NOSTRO ACCOUNT AND SENDER’S BANK WILL BE PLACING FUNDS IN THE
RECEIVER’S BANK’S VOSTRO ACCOUNT WITH SENDER’S BANK. THEN THE RECEIVING BANK MOVES FUNDS TO
THEIR CLIENT ACCOUNT FROM THEIR VOSTRO ACCOUNT, ESTABLISHED AT OUR BANK FOR THEM, THEREBY
SIMULTANEOUSLY EITHER CREATING A NEGATIVE BALANCE OR PULLING FROM FUNDS ALREADY ON DEPOSIT
THERE. THE NEGATIVE BLANCE IS OFFSET BY THE POSITIVE BALANCE IN THEIR ACCOUNT IN SENDER’S BANK.

5. IMPORTANT POINTS:
5.1 Party A-Sender declares that “investment” will be made by clean and clear money funds of non-criminal origin, free of liens
and encumbrances.

5.2 Party B-Receiver bears full responsibility for appropriate transfer of funds to the fiduciary account listed below.

5.3 Party B-Partner, “______________________”, who is the sole owner of the Receiving Corporation has been fixed a
remuneration which shall, unless agreed otherwise, be equal to certain percentage of the value of the investment made by Party
A-Investor. The Party B-Partner shall release the said amount to the designated fiduciary bank account of Party A.

5.4 PARTY B-PARTNER WARRANTS DO NOT TO USE THE INVESTMENT FUND FOR ILLEGAL PURPOSES. BOTH PARTIES UNDERSTAND
THE LAW "ON MONEY LAUNDERING AND CASH" AND WITH FULL LEGAL RESPONSIBILITY CONFIRM THAT MONEY OBTAINED LEGALLY.

6. RIGHTS AND OBLIGATIONS OF THE PARTIES


6.1 Party A-Sender irrevocably undertakes to:
6.1.2 Grant to the Party B-Receiver, the Investment Fund in the amount and on conditions specified in this agreement.

6.1.3 Transfer Investment Funds onto the Party B-Receiver’s banking account via the Telex KTT MT103.

6.1.4 Make transfer of Investment from clean and clear money funds of non-criminal origin, free of liens and encumbrances.

6.2. Party B-Receiver irrevocably undertakes to:


6.2.1. Lodge present contract into his Party B-Receiver’s bank and arrange reception of Investment.

6.2.2. Receive and accept funds sent by the Sender via the Telex KTT MT103.

6.2.3. Utilize Investment according to the conditions of granting of the Investment Fund and to make distributions per the
Payment Guarantee Letter (PGL), which shall remain strictly confidential.

6.2.4. In any and every case, do not use directly or indirectly Investment fund, or profit received from investment fund, or any
investment for all and any illegal activity, including but not limited to the: weapons and warfare trade, illegal drug, and
narcotics trade, criminal and/or terroristic activity, slavery, piracy etc.

7. FORCE MAJEURE:
7.1 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.

7.2 The term “Beyond the Control of Such Party “Include Act of War, Rebellion, Fire, Flood, Earthquake, Banks technical
problems 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.

8. ARBITRATION:
8.1 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.
Page 3 of 10
Party A/The Sender Party B/The Receiver
CONFIDENTIAL DEED OF AGREEMENT FOR
KTT INVESTMENT FUNDS
TRANSACTION NUMBER: KTT/300MEURO/SATAG/(receiver)/(country)
DATE: November 25, 2022

8.2 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 Switzerland. 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.

1. BANKING COORDINATES:
PARTY A: INVESTOR BANK ACCOUNT TO ISSUE A CASH WIRE TRANSFER VIA TELEX KTT:
BANK NAME:
BANK ADDRESS:

TELEX N° (KTT SENDER)

ACCOUNT NAME:

ACCOUNT NUMBER:

BANK OFFICER NAME:

BANK OFFICER TITLE:

BANK OFFICER EMAIL:

BANK TELEPHONE / FAX:

PARTY B: DESIGNATED BANK TO RECEIVE A CASH WIRE TRANSFER VIA TELEX KTT:

BANK NAME:
BANK ADDRESS:
TELEX N° (KTT RECEIVER):
FOR THE ACCOUNT OF:
DEPOSITARY CODE:
SWIFT/BIC:
ACCOUNT NAME:
BENEFICIARY NAME:
BENEFICIARY NUMBER:
BANK OFFICER:
BANK OFFICER EMAIL:
BANK TEL:

FIDUCIARY TRADE ACCOUNT TO RECEIVE PROCEEDS ON BEHALF OF PARTY A:

PAYMASTER COMPANY:
BANK NAME:
BANK ADDRESS:
SWIFT CODE:
SORT CODE:
ACCOUNT NUMBER
IBAN:

Page 4 of 10
Party A/The Sender Party B/The Receiver
CONFIDENTIAL DEED OF AGREEMENT FOR
KTT INVESTMENT FUNDS
TRANSACTION NUMBER: KTT/300MEURO/SATAG/(receiver)/(country)
DATE: November 25, 2022
ACCOUNT NAME:
BENEFICIARIES:
SPECIAL INSTRUCTIONS
TEXT MESSAGE The S.W.I.F.T. or Clear stream text message covering all remittances shall clearly state the
following: “CLEAN, CLEARED, LIEN FREE AND UNENCUMBERED FUNDS, EARNED FROM
FINANCIAL CONSULTING FEES ON COMMERCIAL ENTERPRISES OF NON-CRIMINAL AND NON-
TERRORIST ORIGINS, KNOWN BY
TRANSACTION NUMBER:
FOR SAME DAY SETTLEMENT and IMMEDIATE CREDIT
*BANKING COODINATES SUBJECT TO CHANGE WITH WRITTEN NOTIFICATIONS”

2. EACH PARTY is individually responsible for payment of its own taxes arising from the reception of funds under the present
Appendix/Contract.

3. “PARTIES” undertakes do not use the “FUNDS” nor any “PAYMENT” received for use or financing of illegal, criminal and/or
terrorist activity of any kind.

4. PARTIES hereby have agreed that each Party warrants that it shall not reveal any information provided by any PARTY hereto
to any other person or entity not privy to this transaction other than those banking officers, tax officers, regulatory officers, or
other persons or entities necessary to complete the transaction contemplated herein.

“BANKING COORDINATES SWIFT TRANSFERS” FOR INVESTMENTS TO ALL PARTIES INVOLED, INCLUDING
CONSULTANTS AND INTERMEDIARIES COMMISSION AND FEES

ALL BANKING DETAILS ARE ON PAYMENT GUARANTEE LETTER (PGL) TO BE CORPORATE ENDORSED BY PARTY-B

TENTATIVE TRANSFER SCHEDULE:

TRANCHES AMOUNT TOTAL TRANSFERED

TEST TRANCHE €250,000.00


(TWO HUNDRED FIFTY
THOUSAND EURO)
SECOND TRANCHE €49,000,000.00 (FORTY-NINE
MILLION EURO)
€500,000,000 (FIVE HUNDRED
MILLION EURO)
with Rolls and Extensions

Page 5 of 10
Party A/The Sender Party B/The Receiver
CONFIDENTIAL DEED OF AGREEMENT FOR
KTT INVESTMENT FUNDS
TRANSACTION NUMBER: KTT/300MEURO/SATAG/(receiver)/(country)
DATE: November 25, 2022
PASSPORT COPY OF SENDER

Page 6 of 10
Party A/The Sender Party B/The Receiver
CONFIDENTIAL DEED OF AGREEMENT FOR
KTT INVESTMENT FUNDS
TRANSACTION NUMBER: KTT/300MEURO/SATAG/(receiver)/(country)
DATE: November 25, 2022
SENDER’S CORPORATE REGISTRATION CERTIFICATE

Page 7 of 10
Party A/The Sender Party B/The Receiver
CONFIDENTIAL DEED OF AGREEMENT FOR
KTT INVESTMENT FUNDS
TRANSACTION NUMBER: KTT/300MEURO/SATAG/(receiver)/(country)
DATE: November 25, 2022
PASSPORT COPY OF RECEIVER

Page 8 of 10
Party A/The Sender Party B/The Receiver
CONFIDENTIAL DEED OF AGREEMENT FOR
KTT INVESTMENT FUNDS
TRANSACTION NUMBER: KTT/300MEURO/SATAG/(receiver)/(country)
DATE: November 25, 2022
RECEIVER’S CORPORATE REGISTRATION CERTIFICATE

EDT (ELECTRONIC DOCUMENT TRANSMISSIONS)


Page 9 of 10
Party A/The Sender Party B/The Receiver
CONFIDENTIAL DEED OF AGREEMENT FOR
KTT INVESTMENT FUNDS
TRANSACTION NUMBER: KTT/300MEURO/SATAG/(receiver)/(country)
DATE: November 25, 2022

EDT (ELECTRONIC DOCUMENT TRANSMISSIONS) SHALL BE DEEMED VALID AND ENFORCEABLE IN RESPECT
OF ANY PROVISIONS OF THIS CONTRACT. AS APPLICABLE, THIS AGREEMENT SHALL BE:

INCORPORATE U.S. PUBLIC LAW 106-229, ‘‘ELECTRONIC SIGNATURES IN GLOBAL & NATIONAL COMMERCE
ACT’’ OR SUCH OTHER APPLICABLE LAW CONFORMING TO THE UNCITRAL MODEL LAW ON ELECTRONIC
SIGNATURES (2001)
ELECTRONIC COMMERCE AGREEMENT (ECE/TRADE/257, GENEVA, MAY 2000) ADOPTED BY THE UNITED
NATIONS CENTRE FOR TRADE FACILITATION AND ELECTRONIC BUSINESS (UN/CEFACT).

EDT DOCUMENTS SHALL BE SUBJECT TO EUROSPEAN COMMUNITY DIRECTIVE NO. 95/46/EEC, AS


APPLICABLE. EITHER PARTY MAY REQUEST HARD COPY OF ANY DOCUMENT THAT HAS BEEN PREVIOUSLY
TRANSMITTED BY ELECTRONIC MEANS PROVIDED HOWEVER, THAT ANY SUCH REQUEST SHALL IN NO
MANNER DELAY THE PARTIES FROM PERFORMING THEIR RESPECTIVE OBLIGATIONS AND DUTIES UNDER
EDT INSTRUMENTS.
WE HEREBY CONFIRM WITH FULL AUTHORITY THAT THE ABOVE STATED TERMS AND CONDITIONS ARE
AGREED AND ACCEPTED. IN WITNESS WHEREOF, THE PARTIES HERETO BY AFFIRMING WITH THEIR
SIGNATURES AND SEALS ON THIS PAGE CONSIDER THIS AGREEMENT AS LEGALLY BINDING AND
ENFORCEABLE FROM THIS

SIGNATURE OF THE PARTIES:

Signed for and behalf of Party A (SENDER)


Company Name:
Represented By:
Passport Number:
Country:
Date:

Signed and sealed for and behalf of Party B (RECEIVER)


Company Name:
Represented By:
Passport Number:
Country:
Date:

>>>END CONTRACT/AGREEMENT <<<

Page 10 of 10
Party A/The Sender Party B/The Receiver

You might also like