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DTC Barings Capital Inc Need HSBC HK
DTC Barings Capital Inc Need HSBC HK
DTC Barings Capital Inc Need HSBC HK
Transaction Code: №
Date/Day: December 6, 2017
Between
(The Provider)
And
(The Receiver)
Between
Company Name
Company No
Represented by
Services Address
Passport Number
Country of Issue
Date of Issue
Expiry Date
Hereinafter referred to as “The Party B” also as “Service Provider”, on the other side,
With full legal, with full legal and corporate authority to signthis Agreement, (hereinafter
referred to as First Party and/or Sender), with full legal and corporate authority to sign this
Agreement, (hereinafter referred to sign this Agreement, (hereinafter referred to as Second
Party and/or Receiver).
WHEREAS,Barings Capital Corporation Ltd are individually known as first party and/or
Sender and ..................Second Party and/or Receiver and jointly known as Parties; and
WHEREAS, Sender is holding an account at VP Bank Ltd with cash funds to be transferred
to Second Party’s designated account via DTC Server Transfer for further investments; and
WHEREAS, Receiver has further made arrangement with a third party (hereinafter referred
to as Facilitator), to facilitate the execution of the said delivery of cash funds for investments
and Receiver and Facilitator shall authorize and instruct their designated Trustee to receive
said funds and proceed on the agreed distribution and transfer of cash funds, in accordance to
the terms and conditions in this Agreement;
Sender represents and warrants that it has full corporate responsibility permission to enter into
this Agreement. It hereby declares under penalty of perjury that the funds are good, clean,
clear, and free of non-criminal origin, and are free and clear of all liens, encumbrances and
third party interest.
By signing this Agreement, Sender represents and warrants that it is giving to Receiver and
its designated parties, full legal authority to download said cash funds via DTC Code Server
and distribute and transfer cash funds via SWIFT Message MT103, as per agreed terms and
conditions in this Agreement.
DETAILS OF TRANSACTION
PROCEDURES
1. The sender andthe receiver execute, sign and seal this dtc agreement with distribution of
receivedcash funds between the participants of project investments which thereby
automatically becomes a full commercial recourse contract.
2. The sender is obligated to provide the receiver with the necessary details (account,
beneficiary codes, password, and id code etc) in order for the funds to be loadedtothe
receiver's commonaccount by thereceiver's bank officer.
3.
5. The receiver’s bank officer has theresponsibilitytoblock the funds and to sharethem
inaccordancetothe dtc service agreement.
6. There isno telegraphic transfer or swift involved. This service is for bank customers
whorequire confidentiality.
7. Upon receivingslip code and the full clearance of funds, within 3 (three) days receiver
will transfer 40% to the accounts designatedbythe sender and other payments for
facilitators’ specifiedin this agreement.
8. Upon full clearance of said transferred funds, receiver's authorized and instructed trustee
distributes and transfers cash funds for investments viaSwift message MT103 with
“urgent, the same day wire” mode to designated bank accounts, as per agreed terms and
conditions inthis agreement andIMFPA below.
9. Receiver confirms under penalty of perjury, with full corporate and individual
responsibility, hereby irrevocably, thatthe cash fundspaymentfrom receiver to sender’s
beneficiary are clean, clear funds, free of any levy, liens or encumbrances and of non-
criminalorigin.
10. The following procedure must be strictlyadhered to, as well as agreed, by the sender
and/or the receiver to work out the transaction. This is the procedure thatmust be
followed: this isa dtc, screen-to-screen transaction only.There will be nocontactwith or
COMMUNICATION PROCEDURE
1. The sender hasto pre-advise the receiver with 24 hours before thedownload.
2. The sender’s bank shall proceed to send fundstothereceiver’s bank via dtc system. After
download, receiver must provide immediately and without delay the copy ofthe screen
shot or slippingcheck ofthe executed transfer fromreceiver’semail to the sender’s email.
3. Within 72 hours after download, receiver must provide the copy ofthe bank statement of
the executed transfer from receiver’s email to the sender’s email.
4. Receiver has to send for each swift MT103, the copy of all swift bank report from the
receiver’s email to the sender’s email.
NON-SOLICITATION
Receiver hereby confirms and declares that Sender, its associates or representatives or any
person or persons on its behalf has/have never been solicited by any party, 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” includes 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.
Organization
It is duly organized, validly existing and in good standing under the laws of its jurisdiction of
formation with all requisite power and authority to enter into this Agreement, to perform its
obligations hereunder and to conduct the business of the Program and the Subsidiaries.
Enforceability
This Agreement constitutes the legal, valid and binding obligation of such party enforceable
in accordance with its terms.
Consents andAuthority
No consents or approvals are required from any governmental authority or other Person for it
to enter into this Agreement. All action on the part of such party necessary for the
authorization, execution and delivery of this Agreement and the consummation of the
transactions contemplated hereby by such party, have been duly taken.
No Conflict
Receiver
It has been afforded the opportunity to seek and rely upon the advice of its own attorney,
accountant or other professional advisor in connection with the execution of this Agreement.
The Parties shall do so in respect of each other and under this Agreement written conditions.
MISCELLANEOUS NOTICE(S)
Amendments
This Agreement may not be amended, altered or modified except (i) upon the unanimous by
instrument in writing and signed by each of Sender and Receiver.
Severability
If any provision of this Agreement shall be held or deemed by a final order of a competent
authority to be invalid, inoperative or unenforceable, such circumstance shall not have the
effect of rendering any other provision or provisions herein contained invalid, inoperative or
unenforceable, but this Agreement shall be construed as if such invalid, inoperative or
unenforceable provision had never been contained herein so as to give full force and effect to
the remaining such terms and provisions.
Counterparts
This Agreement may be executed in one or more counterparts, all of which shall be
considered one and the same agreement, and shall become effective when one or more such
Arbitration
Every attempt shall be made to resolve disputes arising from unintended or inadvertent
violation of this contractual agreement as far as possible amicably. In the event that
adjudication is required local legal process shall be preceded with according to the principal
of the ICC as above indicated. Where judicial resolution is not thereby achieved, this matter
shall be settled by the ICC itself and the decision of which the Parties shall consider to be
final and binding. No State court of any nation shall have subject matter jurisdiction over
matters arising under this Agreement.
Survival
The covenants contained in this Agreement which, by their terms, require performance after
the expiration or termination of this Agreement shall be enforceable notwithstanding the
expiration or other termination of this Agreement.
Headings
Headings are included solely for convenience of reference and if there is any conflict between
headings and the text of this Agreement, the text shall control.
Currency
Any exchange of funds between Sender and Receiver shall be made in the same currency in
which Sender transferred the investment fund. In addition, all calculations pursuant to this
Agreement and any joint venture agreement shall be based on The Interstate Commerce
Commission (ICC)regulations.
1 COMPANY NAME
2 REPRESENTED BY
3 PASSPORT NUMBER
4 PLACE OF ISSUE
5 COMPANY REGISTARATION NO
6 BANK NAME HSBC Bank HK
HSBC Bank HK
7 BANK ADDRESS
8 SWIFT CODE HSBCHKHHHKH
9 RECEIVER ACCOUNT NUMBER
10 RECEIVER ACCOUNT NAME
15 BANK OFFICER NAME
16 BANK OFFICER TELEPHONE
17 BANK FAX
18 COMMON ACCOUNT NUMBER
19 GLOBAL ID/ORIGIN
20 GLOBAL IP
21 GLOBAL SERVER ID
22 GLOBAL SERVER IP
23 TRANSACTION SERVER IP
24 TRANSACTION SERVER ID
25 RECEIVING SERVER ID
26 RECEIVING SERVER IP
27 RECEIVER BRANCH IP
28 IMAD-USD
29 IMAD-EURO
I, ……………, a nationality of ……………. with Passport No. …………. hereby agree and promise
that the disbursement of funds to Agents and Intermediaries of Parties referred are as
follows. Required message: All transfer instructions shall state “Funds are clean, cleared
and are not of criminal origin and are payable in cash immediately upon receipt by
Beneficiary bank”.
…………………………………
NAME:
PASSPORT NO:
DATE OF ISSUE:
DATE OF EXPIRY:
Party A -SENDER and Party B – RECEIVER agree that both Parties' Agents are entitled to
commission each on the tranche face value Cash Server download transfer less bank fees.
Party B receipts the payment of 45% of the face value of the discounted Bank Instrument –
and Party B pays to SENDER commission of 55% of the face value of the Cash Server
download transfer and within 72 hours the issuer Group and all Parties within the Contract
shall be paid as per the IMFPA.
The Parties agree that the commission fees stated are compensation for services rendered and
are irrevocably and unconditionally guaranteed to be paid by Party B to both Party’s Agents
and intermediaries listed in this IMFPA by electronic transfer.
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 another signatory without specific
permission of the introduced signatory for the investor.
2. 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 o 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 assign in all countries of the world.
5. BENEFICIARY/PAYMASTER CAN CHANGE ANY TIME HIS PROVIDED BANK ACCOUNT ON THIS CONTRACT
WITH ANNEX AND INFORM IT TO EUROP DIRECTLY
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.
TOTAL INVESTMENT FUNDS, Irrevocable Pay order for Consultants Fees from each and
every tranche of this transaction, including any rolls or extensions, to be shared between
Consultants equally as in following page 15.
50% (FIFTY Percent) of face value for Party-A1 sender side first group side: closed
5% (FIVE Percent) of face value for Party-A2 sender side first group side: closed
PAYMASTER NAME: AARON ELEKTRONIK MAKINA TEKSTIL GIDA SAN DIS TIC LTD.STL.
BANK NAME: DENIZ BANK A.S. ISTANBUL
BANK ADDRESS: DENIZ BANK A.S SULTANHAMAM SUBESI FATIH ISTANBUL
BANK TELEPHONE: +90 212 855 79 37
SWIFT CODE: DENITRIS
ACCOUNT NAME: AARON ELEKTRONIK MAKINA TEKSTIL GIDA SAN DIS TIC LTD.STL.
ACCOUNT NUMBER IBAN: TR88 0013 4000 0128 9680 3000 02 (USD)
TR61 0013 4000 0128 9680 3000 03 (EURO)
All Wire transfers shall incorporate below Text Message and a copy of Bank
SPECIAL WIRE Wire Transfer slip shall be emailed to: also as to: for legal verification and
INSTRUCTIONS: documentation pursuant to Patriot Act/Banking regulations with One Original
Contract copy to be filed with Bank. ALL TRANSFER INSTRUCTIONS SHALL
……………………………….…………
Company : Barings Capital Corporation Ltd
Signatureby : Mohamed AshroffKandegedera Abdul Gaffoor
PassportNo : N2222669
Placeof issue : Sri Lanka
Dateof issue : 14/11/2008
Dateof expiry : 14/11/2018
EDT’s shall be deemed valid and enforceable in respect of any provisions of this Contract.
As applicable, this agreement shall:
Incorporate U.S. Public Law 106-229, ‘‘Electronic Signatures in Global and National
Commerce Act’’ or such other applicable law conforming to the UNCITRAL Model Law on
Electronic Signatures (2001) and ELECTRONIC COMMERCE AGREEMENT
(ECE/TRADE/257, Geneva, May 2000) adopted by the United Nations Centre for Trade
Facilitation and Electronic Business (UN/CEFACT).
ELECTRONIC TRANSMISSIONS: Each party is to sign and initial this Agreement and
send copies to the other party via Electronic Mail and shall be considered the same as an
original. When each party has completed copies of this Electronic Mail from the other party,
the Agreement is considered to be finalized by all parties. The parties consent and agree to be
bound contractually by electronic communications relative to the matters addressed in this
Agreement. By executing this Agreement both parties acknowledge that they have the
hardware and software required to receive and transmit communications (emails and email
attachments) electronically to each other, in generally-acceptable business formats (such as,
but not limited to, Microsoft Excel PowerPoint). Both parties specifically agree to do business
with each other electronically.
The Parties hereto covenant and agree that each of them will execute such other and further
instruments and/or documents as may become reasonably necessary so as to effectuate the
purpose of this Agreement.
In witness whereof, the Parties have executed this Agreement the date first above
……………………………………… ……………………………………
Mohamed Ashroff
Kandegedera Abdul Gaffoor
Barings Capital Corporation Ltd
N2222669 (Sri Lanka)
1. € 950,000,000.00 € 950,000,000.00
2. € 1,000,000,000.00 € 1,950,000,000.00
3. € 1,000,000,000.00 € 2,950,000,000.00
4. € 1,000,000,000.00 € 3,950,000,000.00
5. € 1,000,000,000.00 € 4,950,000,000.00
6.
TOTAL: € 4,950.000,000.00
============END OF DOCUMENT=============
Dear Sir,
We can do the following.... Your receiver must come to HK to set up a company with the
principal fund owner in HK...then open a Joint account with principal fund owner in HSBC
HK..mthen the principal fund owner will give the codes to download to the company
account..mthis way all are protected....
Mohamed Ashroff
Kandegedera Abdul Gaffoor
Barings Capital Corporation Ltd
N2222669 (Sri Lanka)