Sunteți pe pagina 1din 10

PRIVATE FINANCIAL SETTLEMENT AGREEMENT

US DOLLAR (USD) AGAINST HK DOLLAR (HKD)


TRANSACTION CODE
SELLER’S CODE
BUYER’S CODE

This Private Financial Settlement Agreement (PFSA) (hereinafter referred to as “Agreement”) is entered
on 8 August 2019, by and between the following parties:

PARTY A: SELLER/USD PROVIDER


Seller Name
Passport number / Nationality
Passport Issued Date
Passport Expiry Date
Authorized Mandated
Passport number / Nationality
Email / Phone Number
Hereinafter referred to as “SELLER”

AND

PARTY B: BUYER/HKD PROVIDER


Company Name
Address
Passport number
Passport Issue Date
Passport Expire Date
Issued Country
Email / Phone number
Authorized Mandate
Hereinafter referred to as “BUYER”

WHEREAS, in consideration of the promises and the mutual covenants, warranties, terms and conditions herein
contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the undersigned parties agree and state that they wish to enter into this agreement for the exchange
of US Dollars (USD) for HKD under the following terms and conditions:

Both parties confirmed with full corporate authority and legal responsibility that their investment funds are clean
and clear, none of criminal and duty-paid. The transaction is, to be carried out by mean of fund transferring from
Bank to Bank, to be executed via T/T Wire Transfer or Banker to Banker under the following terms and
conditions and agreed procedure.

1. DESCRIPTION
SELLER AGREED TO PROVIDE UNITED STATE DOLLARS TOTALLY ………………………………………. US DOLLARS
WITH R&E FOR EXCHANGING TO THE BUYER FOR INVESTMENT PURPOSES.

BUYER AGREED TO PROVIDE HKD IN TOTAL EQUIVALENT OF …………………………………………. US DOLLARS FOR


INVESTMENT PURPOSES TO THE BUYER AT THE INTERNATIONAL BANKING CURRENCY EXCHANGE RATE AS
AGREED MUTUALLY.

_____________________________________________________________________________________________________________________________ _____________________________________________________________
Seller Initial Page 1 Of 10 © 2019 PURINTORN Buyer Initial
PRIVATE FINANCIAL SETTLEMENT AGREEMENT
US DOLLAR (USD) AGAINST HK DOLLAR (HKD)
TRANSACTION CODE
SELLER’S CODE
BUYER’S CODE

2. TRANSACTION CONDITIONS:
TRANSACTION MODE: BANK TO BANK VIA T/T WIRE TRANSFER OR BANKER TO BANKER
RATE OF EXCHANGE: INTER-BANK EXCHANGE RATE AS BOTH SIDES AGREED
BONUS: GROSS 10%, NET 8% TO THE BUYER
2% TO PARTY A (HKD) SIDE TO BE PAID BY THE SELLER

FIRST TRANCHE: (MINIMUM) USD500,000,000.00 (FIVE HUNDRED MILLION US DOLLARS)


SUBSEQUENT TRANCHES: TO BE MUTUALLY AGREED (DELIVERY SCHEDULE ATTACHED)
AFTER BUYER’S POF IS VERIFIED AND ACCEPTED, USD MOVES FIRST WITH BANK TO BANK WIRE TRANSFER

3. TRANSACTION PROCEDURE
3.1 BUYER AND SELLER SIGNS THIS AGREEMENT AND THEN LODGE THE SIGNED AGREEMENTS TO THEIR
RESPECTIVE BANKS.

3.2 BUYER AND SELLER CONFIRMS THE WINDOW TIME (SCHEDULE ON DATE AND TIME AT THE BUYER’S
BANK SPECIFIED BELOW) FOR SETTING UP THE WINDOW TIME FOR THEIR BANK OFFICERS TO VERIFY
PROOF OF FUND (POF) VIA BANK SECURED Fax AND COMMENCE THE TRANSACTION.

BUYER’S BANK
ADDRESS
DATE: TIME:

3.3 ON THE APPOINTMENT DAY, DURING THE AGREED WINDOW TIME,


1) FOR PROOF OF FUND (POF) VERIFICATION,
BUYER’S BANK OFFICER PROVIDES (VIA BANK SECURED Fax) THE SELLER’S BANK OFFICER THE POF:
BANK CONFIRMATION LETTER, CERTIFYING THAT “THE AGREED MINIMUM HKD CASH
EQUIVALENT TO FIVE HUNDRED (500) MILLION US DOLLARS DEPOSITED IN OUR …………………….
BRANCH, AT …..…....…...HONGKONG, ACCOUNT NUMBER: ………………… ACCOUNT NAME: ……………………
IS READY IN THE ACCOUNT FOR THE TRANSACTION/AGREEMENT, UNDER TRANSACTION CODE:
…………………………,.”
2) FOR PROOF OF PRODUCT (POP) VERIFICATION,
UPON THE POF IS POSITIVELY VERIFIED AND CONFIRMED, SELLER PROVIDES (VIA BANK SECURED
BANK TELEFAX) THE BUYER’S BANK OFFICER THE POP FOR VERIFICATION.
3) AFTER POSITIVE VERIFICATION AND CONFIRMATION OF THE BUYER’S POF, SELLER’S POP,
BUYER’S BANK OFFICER PROVIDES (VIA BANK SECURED Fax) THE SELLER’S BANK OFFICER THE
BANK CONFIRMATION LETTER AS APPENDIX C, CERTIFYING THAT THE SAID DEPOSITED FUND ARE
REMAIN RESERVED FOR TRANSFERING INTO THE SELLER’S RECEIVING BANK ACCOUNT AFTER
RECEING THE USD AMOUNT FROM THE SELLER FOR THE FIRST AND SUBSEQUENT TRANCHE OF THE
AGREEMENT, AS PER TRANSACTION CODE: ……………………………..”
3.4 AFTER POSITIVE VERIFICATION AND CONFIRMATION OF THE BUYER’S POF, SELLER’S POP, AND THE
BUYER’S CASH DEPOSIT ACCOUNT HAS BEEN RESERVED,
1) SELLER (USD MOVE FIRST) SHALL INSTRUCT THEIR BANK OFFICER TO TRANSFER VIA BANK TO
BANK WIRE TRANSFER OR BANKER TO BANKER FOR THE AGREED USD AMOUNT OF THE FIRST

_____________________________________________________________________________________________________________________________ _____________________________________________________________
Seller Initial Page 2 Of 10 © 2019 PURINTORN Buyer Initial
PRIVATE FINANCIAL SETTLEMENT AGREEMENT
US DOLLAR (USD) AGAINST HK DOLLAR (HKD)
TRANSACTION CODE
SELLER’S CODE
BUYER’S CODE

TRANCHE TO THE BUYER’S DESIGNATED BANK ACCOUNT; COPY OF THE BANK TRANSMITTED SLIP
WILL BE FORWARDED TO THE BUYER FOR VERIFICATION AND TRACING.
2) AT THE SAME TIME, UPON SUCCESSFUL VERIFICATION AND CONFIRMATION OF THE SELLER’S BANK
TO BANK TRANSFER, BUYER’S BANK OFFICER WILL IMMEDIATELY TRANSFER VIA BANK TO BANK
WIRE TRANSFER OR BANKER TO BANKER THE FIRST TRANCHE CASH FOR THE AGREED HKD
AMOUNT, TO BE EXCHANGED EQUIVALENT TO NINETY (92) PERCENT (8% BONUS FOR BUYER
DEDUCTED) OF FIVE HUNDRED (500) MILLION US DOLLARS, INTO THE SELLER’S DESIGNATED BANK
ACCOUNT; COPY OF THE TRANSMITTED BANK TO BANK WIRE TRANSFER/SLIP WILL BE
FORWARDED TO THE SELLER FOR VERIFICATION AND TRACING.

3.5 AFTER THE BUYER’S BANK OFFICER TANSFERS/RELEASES THE AGREED HKD AMOUNT TO THE
SELLER’S DESIGNATED BANK ACCOUNT, AS AGREED AND GUARANTEED BY THE SELLER, THE SELLER’S
BANK OFFICER TRANSFER THE 2% CONSULTANT FEE FROM THE SELLER’S BANK ACCOUNT TO ALL
STAFFS AND CONSULTANTS AS PER THE IRREVOCABLE MASTER FEE PROTECTION AGREEMENT (IMFPA)
SIGNED BY BOTH PARTIES IN THE CONTRACT.

3.6 FURTHER TRANCHES ARE TO BE CONTINUED AS PER THE ABOVE PROCEDURE UNTIL THE USD IS
EXHAUSTED OR THE AMOUNT OF THE AGREEMENT IS COMPLETED.

IN WITNESS WHEREOF, The undersigned have read this document and had advise of its legality and
after understanding the content of this contract written in the English language, by knowledge of the
language or by professional translation to the party’s language and legal advice, and initialed all the pages
of this contract and, fully understand and agree that its execution constitutes an acceptance of all of its
mutually protective covenants, terms and conditions, and is lawfully binding upon the “Parties”.

Signed and sealed on the date indicated below by the signature. Date: 8 August 2019
BY THE SELLER SIGNATORY:

___________________________________________________________ _____________________________________________________________
NAME: NAME:
PASSPORT NO.: AA PASSPORT NO.: AA
COUNTRY OF ORIGIN: THAILAND COUNTRY OF ORIGIN: THAILAND

Signed and sealed on the date indicated below by the signature. Date: 8 August 2019
BY THE BUYER SIGNATORY:

__________________________________________________________ __________________________________________________________
NAME: NAME:
PASSPORT NO.: PASSPORT NO.:
COUNTRY: COUNTRY:

_____________________________________________________________________________________________________________________________ _____________________________________________________________
Seller Initial Page 3 Of 10 © 2019 PURINTORN Buyer Initial
PRIVATE FINANCIAL SETTLEMENT AGREEMENT
US DOLLAR (USD) AGAINST HK DOLLAR (HKD)
TRANSACTION CODE
SELLER’S CODE
BUYER’S CODE

APPENDIX “A”
BANKING COORDINATES
SELLER’S BANKING COORDINATES TO PROVIDE POP, TRANSFER USD, AND RECEIVE HKD:
BANK NAME
BANK ADDRESS
ACCOUNT NAME
ACCOUNT N°
SWIFT / BIC CODE
BANK OFFICER
BANK TELEPHONE N°.
BANK FACSIMILE N°
BAMKER E-MAIL

BUYER’S BANKING COORDINATES TO PROVIDE POF, AND TRANSFER HKD, AND RECEIVE USD
BANK NAME
BANK ADDRESS
ACCOUNT NAME
ACCOUNT N°
SWIFT / BIC CODE
BANK OFFICER
BANK TELEPHONE N°.
BANK FACSIMILE N°
BAMKER E-MAIL

_____________________________________________________________________________________________________________________________ _____________________________________________________________
Seller Initial Page 4 Of 10 © 2019 PURINTORN Buyer Initial
PRIVATE FINANCIAL SETTLEMENT AGREEMENT
US DOLLAR (USD) AGAINST HK DOLLAR (HKD)
TRANSACTION CODE
SELLER’S CODE
BUYER’S CODE

APPENDIX “B”
THE SCHEDULE OF TRANCHES

The total amount of the Agreement shall be equal to …………………….. US Dollars with Rolls and
Extensions as per mutual agreement. Any changes hereto must be agreed upon mutually in writing and
lodged with the banks at least three (3) banking days in advance of the proposed date of exchange.

The first tranche will be $ ,000,000.00 USD ( US DOLLARS) OR UPON BOTH SIDES AGREED.

DAY TRANCHE AMOUNT PER DAY COMPLETED TOTAL


1 1 USD 000,000,000.00 USD 000,000,000.00 USD 000,000,000.00
2 OPEN OPEN NO LIMITED OPEN NO LIMITED OPEN NO LIMITED
3 OPEN OPEN NO LIMITED OPEN NO LIMITED OPEN NO LIMITED
4 OPEN OPEN NO LIMITED OPEN NO LIMITED OPEN NO LIMITED
5 OPEN OPEN NO LIMITED OPEN NO LIMITED OPEN NO LIMITED
FURTHER TRANCHES OF BY AGREEMENT OF THE PARTIES
(ABOVE ALLOWED NEGOTIATION)

If a tranche day is a national holiday, the exchange is to be executed the next subsequent banking day. All
other terms and conditions will be in accordance with this Contract.

_____________________________________________________________________________________________________________________________ _____________________________________________________________
Seller Initial Page 5 Of 10 © 2019 PURINTORN Buyer Initial
PRIVATE FINANCIAL SETTLEMENT AGREEMENT
US DOLLAR (USD) AGAINST HK DOLLAR (HKD)
TRANSACTION CODE
SELLER’S CODE
BUYER’S CODE

APPENDIX “C”
BANK LETTER-HEAD
BANK CONFIRMATION LETTER

DATE :
TO :

SWIFT CODE :
ATTN : SELLER NAME
PASSPORT NUMBER :
CC : BUYER NAME OR COMPANY
REF. : TRANSACTION CODE: ……………………………

“WE, …………….. BUYER BANK ……………….. , AT …………..…(BUYER BANK ADDRESS) ……..……., HEREBY WARRANTS
AND CONFIRM WITH FULL BANK RESPONSIBILITY ON BEHALF OF OUR CLIENT, ………………………………….,
REPRESENTED BY …………………….., HOLDER OF ………………..…. PASSPORT NO. ………………………, HAS ON CASH
DEPOSIT BANK ACCOUNT NO. ……………..………… IN OUR BANK IN THE AMOUNT OF ……………………………….. UNITED
STATES DOLLARS (USD ), AND HAS THE CAPABILITIES AND AVAILABILITIES OF FUND TO SETTLE
PAYMENT EQUIVALENT TO THE VALUE OF ………………………….. OF THE COMMODITY, AND THAT FUND WE HAVE
RESERVED FOR ………………………….. UNITED STATES DOLLARS (USD ) FOR THE PAYMENT OF THE
……………………………… AS PER THE TRANSACTION CODE: ……………………………. WE ALSO CONFIRM THAT
………………………. IS THE AUTHORIZED SIGNATORY OF THIS ACCOUNT .

WE FURTHER CONFIRM THAT THESE CASH FUNDS ON DEPOSIT IN OUR BANK ARE GOOD, CLEAN, CLEAR FUNDS
OF NON-CRIMINAL ORIGIN AND ARE FROM LEGAL SOURCE, AND ARE READY AVAILABLE FOR ……………………… AT
HIS SOLE DISCRETION WITHOUT LIMITATION FOR THIS BUSINESS AND UNDER TRANSACTION CODE:
……………………………

THIS IS AN IRREVOCABLE BANK CONFIRMATION OF FUNDING FOR THE PAYMENTS AND IS SUBJECT TO THE
UNIFORM PRACTICES FOR DOCUMENTARY CREDITS AND SHALL BE GOVERNED AND CONSTRUED BY THE LAWS
OF HONGKONG AND IN ACCORDANCE WITH ICC PARIS, FRANCE PUBLICATION 600 LATEST VERSION.

FOR AND ON BEHALF OF FOR AND ON BEHALF OF


BANK ……………………………………… BANK ………………………………………

______________________________________ ______________________________________
NAME & DESIGNATION OF BANK OFFICER NAME & DESIGNATION OF BANK OFFICER
PIN CODE: PIN CODE:

_____________________________________________________________________________________________________________________________ _____________________________________________________________
Seller Initial Page 6 Of 10 © 2019 PURINTORN Buyer Initial
PRIVATE FINANCIAL SETTLEMENT AGREEMENT
US DOLLAR (USD) AGAINST HK DOLLAR (HKD)
TRANSACTION CODE
SELLER’S CODE
BUYER’S CODE

APPENDIX “D”
SELLER PASSPORT

SELLER PASSPORT

_____________________________________________________________________________________________________________________________ _____________________________________________________________
Seller Initial Page 7 Of 10 © 2019 PURINTORN Buyer Initial
PRIVATE FINANCIAL SETTLEMENT AGREEMENT
US DOLLAR (USD) AGAINST HK DOLLAR (HKD)
TRANSACTION CODE
SELLER’S CODE
BUYER’S CODE

BUYER PASSPORT

BUYER PASSPORT

_____________________________________________________________________________________________________________________________ _____________________________________________________________
Seller Initial Page 8 Of 10 © 2019 PURINTORN Buyer Initial
PRIVATE FINANCIAL SETTLEMENT AGREEMENT
US DOLLAR (USD) AGAINST HK DOLLAR (HKD)
TRANSACTION CODE
SELLER’S CODE
BUYER’S CODE

APPENDIX “E”
IRREVOCABLE MASTER FEE PROTECTION AGREEMENT
TRANSACTION CODE: FXHK-……………..2019

ON THE MATTERS OF THE TRANSACTION CODE INDICATED HEREIN OF US DOLLARS AGAINST HKD IN THE
TOTAL CONTRACT AMOUNT OF USD 000,000,000.00 ( USD) WITH ROLLS AND EXTENSIONS.

WE, MISS ……………………………….., HOLDING THAILAND PASSPORT NO: AA………….. AS THE USD PRINCIPAL PAYING
FEES, IRREVOCABLY AND WITH FULL LEGAL AUTHORITY, AND CORPORATE RESPONSIBILITY, HEREBY AGREE
AND GUARANTEE TO PROTECT, AND IMMEDIATELY CAUSE TO PAY, THROUGH THE PAYMASTER TO THE
BANKING COORDINATES PROVIDED BY THE BENEFICIARIES, THE CONSULTANT FEE AMOUNT OF 2% (TWO
PERCENT) IN US DOLLARS/HKD PER EACH TRANCHE DELIVERED OF THE TOTAL CONTRACT AMOUNT TO BE
PAID AND DIVIDED AS AGREED HEREIN AND, TO BE PAID TO EACH OF THE INTERMEDIARIES AND AGENTS OF
BOTH PRINCIPAL’S SIDE INVOLVED IN THIS TRANSACTION AND, THE DISBURSEMENT OF CONSULTING FEES AND
COMMISSIONS ARE TO BE MADE IMMEDIATELY UPON CLOSING OF EACH AND EVERY TRANSACTION TRANCHE
DELIVERED, WITHOUT RESTRICTIONS, IMPOSTS OR TAXES IMPOSED, OR IMPEDIMENT, DELAYS OF ANY KIND OR
NATURE WHATSOEVER OF ALL QUANTITIES/TRANCHES SCHEDULED TO BE DELIVERED AND PAID BY THE
PAYOR/GUARANTOR OF THE CONSULTING FEES/COMMISSIONS TO THE DESIGNATED PAYMASTERS.

FURTHERMORE, THE DELIVERY OF THESE FUNDS IS GUARANTEED WITH FULL CORPORATE AUTHORITY AND
RESPONSIBILITY AS GOOD, CLEAN, CLEAR FUNDS OF NON-CRIMINAL ORIGIN.

WE, THE UNDERSIGNED, AGREE THAT THIS PAYMENT IS IRREVOCABLE, AND UNCONDITIONAL, AND SHALL BE
MADE IMMEDIATELY BY A FREELY NEGOTIABLE BANK DRAFT, OR CASH SWIFT WIRE TRANSFER IN UNITED
STATES DOLLARS OR EUROS PER TRANCHE TRANSACTED OF PRINCIPAL SUMS, THESE CONSULTING FEES AND
OR COMMISSIONS WILL BE PAID REGARDLESS WHETHER THE BANKS OR TRANSACTIONS CODES ARE CHANGED.
THE SAME PROPERTY RIGHTS OF INTRODUCTION OF SOURCES AND OF BUSINESS CONNECTION WILL BE
UPHELD AND HONORED AS PER CONTRACT.

FOR THE DISTRIBUTION OF THE FEES SEPARATE SUB-AGREEMENTS HAVE TO BE SIGNED WITH THE
PAYMASTERS BY CONTRACT IN CONDITIONALLY IMFPA AGREEMENT ON THE TRANSACTION CODE: FXHK-
……………………..2019

_____________________________________________________________________________________________________________________________ _____________________________________________________________
Seller Initial Page 9 Of 10 © 2019 PURINTORN Buyer Initial
PRIVATE FINANCIAL SETTLEMENT AGREEMENT
US DOLLAR (USD) AGAINST HK DOLLAR (HKD)
TRANSACTION CODE
SELLER’S CODE
BUYER’S CODE

PARTY A - SELLER SIDE: 2% (TWO PERCENT) OF TOTAL CONTRACT VALUE PAYABLE ON EACH AND EVERY
TRANCHE FOR COMPLETED CONTRACT INCLUDING ALL ROLLS & EXTENSIONS:
CONSULTANT FEE 2% ( TWO PERCENT) OF TOTAL CONTRACT VALUE
A-SELLER PAYMASTER TBA
E-MAIL
BANK NAME
BANK ADDRESS
ACCOUNT NAME
ACCOUNT NO./IBAN
SWIFT CODE
BANK OFFICER NAME
BENEFICIARIES
ALL TRANSFER INSTRUCTIONS SHALL STATE: FUNDS ARE CLEAN AND CLEAR OF
SPECIAL WIRE NON-CRIMINAL ORIGIN WIRE WITHIN ONE BANKING DAY UPON RECEIPT BY
INSTRUCTIONS PAYMASTER’S BNAK ALL WIRE TRANSFER SHALL INCORPORATE ABOVE TEXT
MESSAGE AND A COPY OF BANK WIRE TRANSFER SLIP SHALL BE E-MAILED TO:

Signed and sealed on the date indicated below by the signature. Date: 8 August 2019
BY THE SELLER SIGNATORY:

___________________________________________________________ _____________________________________________________________
NAME: NAME:
PASSPORT NO.: AA PASSPORT NO.: AA
COUNTRY OF ORIGIN: THAILAND COUNTRY OF ORIGIN: THAILAND

Signed and sealed on the date indicated below by the signature. Date: 8 August 2019
BY THE BUYER SIGNATORY:

__________________________________________________________ __________________________________________________________
NAME: NAME:
PASSPORT NO.: PASSPORT NO.:
COUNTRY: COUNTRY:

<<<<<<<<< END OF DOCUMENT >>>>>>>>>

_____________________________________________________________________________________________________________________________ _____________________________________________________________
Seller Initial Page 10 Of 10 © 2019 PURINTORN Buyer Initial

S-ar putea să vă placă și