Loi - 44+2 - BG - Uk V.2 DP
Loi - 44+2 - BG - Uk V.2 DP
Loi - 44+2 - BG - Uk V.2 DP
TRANSACTION CODE:
BUYERS CODE
SELLERS CODE:
SECURITY CODE:
LETTER OF INTENT/AGREEMENT
INSTRUMENT DESCRIPTION:
TRANSACTION PROCEDURE:
1. Seller and Buyer execute, sign and initial this Letter of Intent/Agreement
with CIS, Passport Copy, Full Banking details which thereby automatically
becomes a full commercial recourse contract after Buyers application has
been accepted by the Seller.
2. Within Three (3) banking days after the counter signing the agreement and
simultaneously with the return of the agreement to the Buyer for the first
tranche, Buyers representative, MR. ..................<name>.. or his
legal mandate (by way of a confirmation letter), shall communicate by phone
to Sellers representative, MR. ..................<name>.., telephone
4. Seller and Buyer shall agree on a window time for the Sellers issuing bank
to send Swift MT799 Pre-Advice (Appendix A) to the Buyers bank.
5. Within Three (3) banking days upon the receipt and confirmation of the Swift
MT799 Pre-Advice, Buyers bank shall issue ICBPO (Appendix C) for a
total of Forty-four Percent (44%) of the face value of the BG to the Sellers
designated bank account.
6. Within 3 days upon the receipt and confirmation of the ICBPO, the Sellers
bank shall send SWIFT MT760 Bank Guarantee (Appendix B) to the Buyers
bank.
8. Sellers bank shall deliver the hard copy of the BG to the Buyer's bank via
bank bonded courier.
9. All subsequent tranches will be based on the same procedure until collateral
or funds become exhausted.
NON-SOLICITATION
The buyer hereby confirms and declares that the seller, its associates or
representatives or any person or persons on its behalf has/have never ever
solicited the buyer, its shareholders or associates or representatives in any
way whatsoever that can be construed as a solicitation for this transaction or
for future transactions
Bank Name
Bank Address
Bank Officer
Secured Tel:
Secured Email
SWIFT Code
Account Holder
Account Number
Signatory Name
Bank Name
Bank Address
Bank Officer
Secured Tel:
Secured Email
SWIFT Code
Account Holder
Account Number
Signatory Name
Bank Name
Bank Address
Bank Officer
Secured Tel:
SWIFT Code
Account Holder
Account Number
Signatory Name
Bank Name
Bank Address
Bank Officer
Secured Tel:
SWIFT Code
Account Holder
Account Number
Signatory Name
Bank Name
Bank Address
Bank Officer
Secured Tel:
SWIFT Code
Account Holder
Account Number
Signatory Name
SELLER RESERVES the right to change the bank coordinates stated herein at
anytime by providing written request to the BUYER; THE ISSUING BANK
MAY BE DIFFERENT FROM THE BG SENDING BANK, BUT THE
ACCOUNT NAME IS THE SAME AND IS IN THE SAME COUNTRY (ITS
OUR BANK REGULATIONS AND PROCEDURE).
CONDITIONS:
All THE parties hereby affirm and attest that each has the authority to accept
and execute this full legal contract and to be bound by its terms and condition.
____________________________________
Name:
Title:
Passport No.:
Telephone No:
Nationality:
Email Address:
______________________________
Name:
Title:
Passport No.:
Telephone No:
Nationality:
Email Address:
UNAUTHORIZED BANK CONTACTS RESULT IN CONTRACT TERMINATION 5
In accordance with Articles two (2) through five (5) of the Due Diligence Convention
and the Federal Marketing Commission Circular of December 1998, concerning the
prevention of money laundering, the following information may be supplied to banks
and/or other Federal Institutions for purposes of verification.
1. Principal:
a) Represented By:
b) Nationality:
c) Passport Number:
d) Date Of Issue:
e) Date Of Expiration:
f) Date Of Birth:
g) Place Of Birth:
i) E-Mail Address:
j) Occupation:
k) Business Name:
l) Business Address:
m) Business Telephone:
n) Business Facsimile:
2. Address For Mail:
3. Address For Courier:
4. Legal Counsel:
a) Address:
b) Telephone No.:
c) Facsimile No.:
5. Bank Name:
a) Address:
b) Account Name:
c) S.W.I.F.T Code:
d) For further credit To:
Beneficiary Acc No:
Beneficiary Name:
e) Acct. Signatory Name:
f) Bank Officer:
g) Bank Officer Address:
Bank Telephone
h)
Number:
Bank Facsimile
i)
Number:
UNAUTHORIZED BANK CONTACTS RESULT IN CONTRACT TERMINATION 6
Declaration: I/we swear under penalty of perjury, the information given above is
both true and accurate. I am the signatory on the aforementioned bank account.
All monies engaged in this transaction are derived from non-criminal origin: and
are good cleared. The origin of funds is in compliance with Anti-Money-
Laundering Policies as set forth by the Financial Action Task Force (FATF)
6/01.
Agreed and Sign this date January --, 2014 for and on behalf of Buyer
________________________________
Name:
Title:
Passport No.:
Nationality:
The parties agree that the commission fees stated are compensation for services
rendered and are irrevocably and unconditionally guaranteed to be paid by the
Buyer to the agents and intermediaries listed in this FPA by wire transfer
simultaneously with the Buyers payment of 44% of the face value of the BG as
Invoice Price to the Seller for every tranche and/or transaction of the BG. 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.
1. Each party agrees that they will not make any contact with, deal with or
be involved with individuals, trader and investor introduced by other
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.
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.
5. The parties hereto affirm that in every case they will act with the highest
standards of ethics and honesty in all their dealings.
UNAUTHORIZED BANK CONTACTS RESULT IN CONTRACT TERMINATION 8
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 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:
This Fee Protection Agreement have agreed and executed by the undersigned on
the January --, 2014
______________________________________
Name:
Title:
Passport No.:
Telephone No:
Nationality:
Email Address:
PASSPORT BUYER
PASSPORT SELLER
______________________________________
FOR AND ON BEHALF OF BUYER
TITLE: DIRECTOR
PASSPORT NO.:
NATIONALITY:
______________________________________
FOR AND ON BEHALF OF SELLER
TITLE:
PASSPORT NO.:
NATIONALITY:
NON-SOLICITATION LETTER
_____________________________
APPENDIX A
UNAUTHORIZED BANK CONTACTS RESULT IN CONTRACT TERMINATION 13
BANK NAME :
BANK ADDRESS :
ACCOUNT HOLDER :
SWIFT CODE :
ACCOUNT NO :
BANK TEL :
BANK SECURED FAX :
BANK OFFICER #1 :
BANK OFFICER #2 :
TRANSACTION CODE : XXXX
APPLICANT : XXXX
BANK NAME :
ACCOUNT NAME :
ACCOUNT NUMBER :
BANK OFFICER CODE :
SWIFT CODE :
BENEFICIARY :
AMOUNT : 500,000,000 (FIVE HUNDRED MILLION EUROS)
CURRENCY : EUROS
DATE : XX, XX, 2014
DEAR SIR,
VALUE OF FIVE HUNDRED MILLION EUROS (500,000,000.00), AND IT SHALL BE TRANSMITTED AND
CONFIRMED BY SWIFT MT760.
WE FURTHER CONFIRM TO YOU THAT THE BANK GUARANTEE (BG) IS CASH BACKED, FREE AND CLEARED OF
ENCUMBRANCE AND THE CASH IS GOOD, CLEAN AND CLEAR FUNDS OF NON-CRIMINAL ORIGIN.
WE HEREBY CONFIRM THAT WE WILL DELIVER THE SAID BANK GUARANTEE DELIVERY SWIFT MT760 FOLLOWED
BY ORIGINAL HARD COPY DELIVERED BY BANK BONDED COURIER.
PLEASE CONFIRM THAT YOU ARE READY TO RECEIVE AND FUND THIS BANK INSTRUMENT.
FOR CONFIRMATION, YOU ARE ADVISED TO AUTHENTICATE THIS SWIFT MT799 BY REPLYING THROUGH OUR
SECURED DEPARTMENTAL SWIFT CODE.
THIS BANK GUARANTEE IS SUBJECT TO THE UNIFORM RULES FOR THE BANK GUARANTEES NO 758 UNDER
INTERNATIONAL CHAMBER OF COMMERCE, PARIS, FRANCE, PUBLICATION NO.600 AND ITS LATEST REVISIONS.
APPENDIX B
Verbiage of the MT 760
Recipient Bank:
BANK NAME :
ACCOUNT NAME :
ACCOUNT NUMBER :
SWIFT CODE :
IBAN CODE :
ATTENTION :
TRANSACTION CODE :
PHONE :
GUARANTEE NUMBER:NNNNNNNNNNN
Transaction reference ID :NNNNNNNNNNN
CURRENCY :EUROS
AMOUNT :XXXXXXXXXX MILLION EUROS ONLY (500,000,000.00)
DATE OF ISSUE :XXXX 1 YEAR AND 1 MONTH
DATE OF MATURITY :
BENEFICIARY :
QUOTE:
FOR VALUE RECEIVED BY US, WE, (BANK + ADDRESS ), WITH FULL BANK RESPONSIBILITY
HEREWITH ISSUE OUR IRREVOCABLE AND UNCONDITIONAL CASH BACKED BANK
GUARANTEE NUMBER xxxxxxxx IN FAVOR OF THE BENEFICIARY: XXXX, WE PROMISE TO PAY
WITHOUT PROTEST OR NOTIFICATION AGAINST THIS CASH BACKED BANK GUARANTEE ON
MATURITY DATE THE SUM OF EURO 500,000,000.00 (FIVE HUNDRED MILLION EUROS) IN THE
LAWFUL CURRENCY OF THE EUROPEAN UNION UPON PRESENTATION AND SURRENDER TO
(BANK NAME), BY BENEFICIARY, THE BEARER OR HOLDER, OF THIS CASH BACKED BANK
GUARANTEE AT THE COUNTERS OF (BANK NAME AND ADDRESS), ON MATURITY DATE, BUT
NOT LATER THAN FIFTEEN DAYS AFTER THE MATURITY DATE.
SUCH PAYMENT SHALL BE MADE WITHOUT SET OFF AND CLEAR OF ANY DEDUCTIONS,
CHARGES, FEES OR WITH HOLDINGS OF ANY NATURE, NOW OR HEREINAFTER IMPOSED,
LEVIED, COLLECTED, WITHHELD OR ASSESSED BY THE GOVERNMENT OF UNITED KINGDOM
OR ANY POLITICAL SUBDIVISION OR AUTHORITY THEREOF OR THEREIN. THIS CASH BACKED
BANK GUARANTEE SHALL BE TRANSFERABLE, DIVISIBLE AND ASSIGNABLE WITHOUT
PRESENTATION TO THE (BANK NAME) OR PAYMENT OF ANY TRANSFER OR ASSIGNABLE FEE.
THIS CASH BACKED BANK GUARANTEE IS SUBJECT TO THE UNIFORM RULES FOR BANK
GUARANTEE UNDER URDG 758, ICC PUBLICATION NUMBER 600, AND ITS LATEST REVISIONS.
THIS CASH BACKED GUARANTEE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE LAWS OF XXXXXXXXXXXX.
THE CASH BACKED BANK GUARANTEE IS AN OPERATIVE FULLY CONFIRMED, NEGOTIABLE
TRANSFERABLE, AND CALLABLE INSTRUMENT AND VALID FROM THE ABOVE ISSUED DATE.
THE ORIGINAL HARD COPY OF THE CASH BACKED BANK GUARANTEE WILL FOLLOW BY BANK
BONDED COURIER TO COORDINATES AS PER YOUR INSTRUCTION FOR DELIVERY WITHIN 7
DAYS OF DATE OF ISSUE HEREOF.
SIGNED SIGNED
DATE RECORDED: (INSERT DATE) DATE RECORDED: (INSERT DATE)
BANK OFFICER: BANK OFFICER:
PIN: PIN
----------------------------------------MESSAGE TRAILER-----------------------------------------------------------
APPENDIX C
IRREVOCABLE CONDITIONAL BANK PAY ORDER (ICBPO)
UNAUTHORIZED BANK CONTACTS RESULT IN CONTRACT TERMINATION 16
TO :
ADDRESS :
ABA ROUTING # :
SWIFT CODE :
ACCOUNT NAME :
ACCOUNT NUMBER :
BANK OFFICER :
BY THE ORDER OF :
DATE :
EXPIRATION :
TRANSACTION CODE :
NAME OF BANK :
ADDRESS :
INSTRUMENT : BANK GUARANTEE
CURRENCY : EUROPEAN UNION (EURO).
TERM : ONE (1) YEAR AND ONE (1) MONTH.
TOTAL AMOUNT
BENEFICIARY :
THE PAYMENT SHALL BE VIA UNCONDITIONAL SWIFT MT103 IN FAVOR OF YOUR DESIGNATED
ACCOUNT IN THE AGREEMENT DATED___________, 2014 BEARING ABOVE REFERENCE CODES
AGAINST DELIVERY OF THE INSTRUMENT TO OUR BANK VIA SWIFT MT-760.
ALL CHARGES ON THE TRANSMISSION SIDE ARE FOR THE ACCOUNT OF THE APPLICANT.