Month: August 2020

RWA – Risk Wieghted Asset

Risk-weighted assets (RWA) is an asset bank or off-balance-sheet exposures, weighted according to risk. This type of asset calculation is used in the capital requirement or Capital Adequacy Rate (CAR) for a financial institution. Basel I, the agreement published by the Basel Committee on Banking Supervision, explains why using a risk-weighted approach is the methodology that banks should adopt for calculating capital.
• It provides an easier approach to compare banks in different geographies;
• Off-balance-sheet exposures can be easily included in capital adequacy calculations;
• Banks are not prevented from carrying low net risk assets in their books;
Typically, different asset classes have different risk weights associated with them. The calculation of risk weights depends on whether the bank has adopted the standard or IRB approach under Basel II.
Some assets, such as debentures, are assigned a higher risk than others, such as cash or government securities. Since different types of assets have different risk profiles, weighting assets, according to their level of risk, are mainly adjusted for assets that are less risky, allowing banks to discount lower risk assets.
A document was written in 1988 by the Basel Committee on Banking Supervision, which recommends certain rules and regulations for banks. It was called Basel I. After a review of the framework, Basel II was instituted. More recently, the committee published another revised framework known as Basel III. The main recommendation in this document is that banks should maintain sufficient capital to equal at least 8% of their risk-weighted assets. The calculation of the amount of risk-weighted assets depends on which revision of the Basel Accord is followed by the financial institution. Most countries have implemented some version of this regulation.

Irrevocable Master Fee Protection Agriment (IMFPA)

Exemple:

Commodity:	Heavy Fuel Oil MAZUT M100 (GOST 10585/99)
Origin:	Russian Federation
Contract Quantity:	50,000 MT x 12 Months = 600,000 MT
Delivery:	CIF Huang Dao Port (China)
Contract Term:	One year
Price:	Gross USD $180.00 per MT / Net USD $170.00 per MT
Commission:	USD $10.00 per MT
Contract Number:
Seller’s Name:
Represented by:
Buyer’s Name:
Represented by:

We, the undersigned herewith, referred as the Seller and Buyer, under penalty of perjury do hereby irrevocably confirm and irrevocably accept to pay all intermediaries and fee holders at the same time and in a manner as the Seller is being paid for each and every transaction of this Contract up to the completion of the Contract plus rollovers and extensions and in accordance with the bank details to be specified in the hard copies of this Contract.

We, the Buyer, irrevocably confirm that we will order and direct our bank to endorse automatic payment orders to the beneficiaries named below; furthermore, we, the Buyer, confirm that all pay orders shall automatically transfer funds as directed into each beneficiaries designated bank account within 7 (Seven) working days after the date of closing and completion of each and every shipment of the product during the Contract term plus any/or extensions and rollover of the specified Contract.

For the purpose of clarity, we confirm that the closing and completion of each and every shipment shall be deemed to take place when the financial instrument issued by the Buyer has been drawn down at the counters of the issuing bank.

We, the Buyer, agrees to provide all beneficiaries with written evidence of the pay orders lodged with our bank together with acknowledgements of their acceptance. Furthermore, our bank shall be instructed to provide duly signed and stamped acknowledgement of this instruction as set out in the annex forming part of this Agreement. It is understood that for the purposes of this IMFPA, our bank shall be the same bank and this IMFPA acts as an integral part of it.

We, the Buyer, agrees that the terms of purchase and sale of the commodity shall be as per Contract between _________________________ (as Seller) and _________________________ (as Buyer). Beneficiaries named below under Seller side beneficiary and Buyer side beneficiary are acting strictly as our Agents and/or Mandates and/or Intermediaries shall have no liability whatsoever towards the Seller and/or Buyer and their respective Agents and/or Intermediaries, on account of default under the Contract by Seller and/or Buyer. Agents and/or Mandates and/or Intermediaries or their Officers, Partners, Directors and Employees shall not be liable under any theory of Contract, strict liability, negligence, misrepresentation or other legal equitable theory for any loss of damage of any nature incurred by Buyer and/or Seller and their respective Mandates and/or Agents and/or Intermediaries in the performance of the Contract between Buyer and Seller. Agents and/or Mandates and/or Intermediaries shall not be liable to Buyer and/or Seller and their respective Mandates and/or Agents or Intermediaries for any special, incidental or consequential (indirect) or contingent damages such as but not limited to loss of profit, loss of opportunity, loss of business, etc.

We the undersigned being Buyer or the Buyer’s named legally authorized representative as stated within the signed and legally binding main transaction, Contract unconditionally agree and undertake to approve and originate all payments in USD currency to all beneficiaries named below as their rightful and payable commissions. This Agreement also acts as a record confirming the commission amounts for each named beneficiary as set out below:

TOTAL

COMMISSION

SHALL

BE

PAID

BY

BUYER

AS

FOLLOWS:

1. Seller’s side: USD $5.00 per MT.
2. Buyer’s side: USD $5.00 per MT:
    – Buyer’s Mandate: USD $2.50 per MT;
    – Buyer’s Facilitator: USD $2.00 per MT;
    – Buyer’s Facilitator Intermediary: USD $0.50 per MT.

3. Total Price for this Agreement:
USD $600,000.00

4. The amount of USD $10.00 per MT for a total of 600,000 MT, should be settled as herein stated to be transferred into the Beneficiaries accounts and/or their designated Paymasters.

TERMS

&

CONDITIONS:

This Irrevocable Master Fee Protection Agreement covers the initial Contract and shall include any renewals, extensions, rollovers, additions or any new or transfer Contract any how originated from this transaction because of the above Intermediaries or changing codes of the initial Contract entered into between the Buyer and Seller.

This Irrevocable Master Fee Protection Agreement and any subsequently issued pay orders shall be assignable, transferable and divisible and shall not be amended without the express written and notarized consent of the receiving beneficiary. All parties agree neither to circumvent nor to attempt circumvent either for the transaction of this current Contract or in the future for a period of five (5) years from the date of the execution of this Irrevocable Master Fee Protection Agreement. This document binds all parties, their employees, associates, transferees and assignees or designees.

All faxed and/or e-mailed signatures shall be considered as original signatures for the purpose of binding all parties to this Agreement. This document may be signed and in any number of counterparts all of which shall be taken together and shall constitute as being one and the same instrument. Any party may enter into this document and the Agreement constituted thereby by signing any counterpart any time, date or period mentioned in any provision of this document shall only be amended by Agreement in writing and signed off by all parties concerned.

Furthermore, we agree that any and all commissions due shall be paid to the beneficiary as a result of any extension or rolls of the Contract and that we shall effect all necessary documentation with our bank without any undue delays to ensure such commissions and paid within the terms of the Agreement.

PARTIAL

INVALIDITY:

The illegality, invalidity and non-enforceable provision of this document under the laws of any jurisdiction shall not affect its illegality, validity or enforceability under the law of any other jurisdiction or provision.

GOVERNING

LAW

AND

JURISDICTION:

This document shall be governed and construed in accordance with current English or I.C.C. 400/500/600 signed between partners NCND laws.

ARBITRATION:

All parties agree to refer any disputes between the parties arising out of or in connection with this Agreement including any questions regarding its existence, validity or termination to arbitration rules of the International Arbitration Centre (IAC). The appointed arbitrator shall hold the proceedings in any country chosen by the parties and the rules of the IAC shall apply.

PARTICULARS:	SELLER
Company Name:
Represented by:
Title:
Passport #
Nationality:
Signature & Seal:
Bank Name:
Bank Address:
Account #
Account name:
SWIFT / ABA #
Bank Officer:
Bank Tel / Cell / Fax
Signed Date:

ALL BANK CHARGES SHOULD BE BORNE BY ACCOUNT BENEFICIARY

PARTICULARS:	BUYER
Company Name:
Represented by:
Title:
Passport #
Nationality:
Signature & Seal:
Bank Name:
Bank Address:
Account #
Account name:
SWIFT / ABA #
Bank Officer:
Bank Tel / Cell / Fax
Signed Date:

ALL BANK CHARGES SHOULD BE BORNE BY ACCOUNT BENEFICIARY

BUYER’S SIDE: TOTAL COMMISSION FOR THE BUYER’S SIDE: USD $5.00 PER MT

GROUP 1: BUYER’S MANDATE (Paymaster): Total Amount US $1,500,000.00 / $2.50 per MT

Beneficiary Name:
Paymaster for:
Bank Name:
Bank Address:
Account #
Account name:
SWIFT / ABA #
Bank Officer:
Signature & Seal:
Bank Tel / Cell / Fax
Signed Date:
Required Message:	ALL TRANSFER INSTRUCTIONS SHALL STATE: “FUNDS ARE CLEAN AND CLEAR OF NON-CRIMINAL ORIGIN AND ARE PAYABLE IN CASH IMMEDIATELY UPON RECEIPT BY BENEIFICIARY’S BANK.”

GROUP 2: Facilitator (Paymaster): Total Amount US $1,200,000.00 / $2.00 per MT

Beneficiary Name:
Bank Name:
Bank Address:
Account #
Account name:
SWIFT / ABA #
Bank Officer:
Signature & Seal:
Bank Tel / Cell / Fax
Signed Date:
Required Message:	ALL TRANSFER INSTRUCTIONS SHALL STATE: “FUNDS ARE CLEAN AND CLEAR OF NON-CRIMINAL ORIGIN AND ARE PAYABLE IN CASH IMMEDIATELY UPON RECEIPT BY BENEIFICIARY’S BANK.”

GROUP 3: Buyer’s Facilitator Intermediary (Paymaster): Total Amount US $300,000.00 / $0.50 per MT

Beneficiary Name:
Bank Name:
Bank Address:
Account #
Account name:
SWIFT / ABA #
Bank Officer:
Signature & Seal:
Bank Tel / Cell / Fax
Signed Date:
Required Message:	ALL TRANSFER INSTRUCTIONS SHALL STATE: “FUNDS ARE CLEAN AND CLEAR OF NON-CRIMINAL ORIGIN AND ARE PAYABLE IN CASH IMMEDIATELY UPON RECEIPT BY BENEIFICIARY’S BANK.”

SELLER’S SIDE: TOTAL COMMISSION FOR THE SELLER’S SIDE: USD $5.00 PER MT

GROUP 1: SELLER’S MANDATE (Paymaster): Total Amount US $3,000,000.00 / $5.00 per MT

Beneficiary Name:
Paymaster for:
Bank Name:
Bank Address:
Account #
Account name:
SWIFT / ABA #
Bank Officer:
Signature & Seal:
Bank Tel / Cell / Fax
Signed Date:
Required Message:	ALL TRANSFER INSTRUCTIONS SHALL STATE: “FUNDS ARE CLEAN AND CLEAR OF NON-CRIMINAL ORIGIN AND ARE PAYABLE IN CASH IMMEDIATELY UPON RECEIPT BY BENEIFICIARY’S BANK.”

NOTARY PUBLIC: ON THIS DAY OF _________________, 20____ BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, PERSONALLY APPEARED _________________________ LEGAL REPRESENTATIVE OF THE PAYOR IN THE ATTACHED IMFPA, AND THE INDIVIDUAL DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED THAT HE EXECUTED THE SAME AS HIS FREE ACT AND DEED. MY COMMISSION EXPIRES: ___________________________ NOTARY PUBLIC: __________________________                               [SEAL]

BANK ENDORSEMENT This irrevocable payment order has been lodged with us and will be executed as per instructions above. Bank Officer Name: __________________________________ Title: ______________________________________________ Pin Number: _______________________________________ Bank Name: _______________________________________ Sign & Seal ________________________________________ Date: _____________________________________, 20_____

IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED AND DATED THIS AGREEMENT UNDER THE HAND AND SEAL OF IT’S DULY AUTHORIZED OFFICERS.

Download

your

editable

IMFPA

template

(.doc)

Non-Circunvention, Non Disclosure & Working Agreement (NCNDA)

Date:   _______________


WHEREAS, the undersigned wish to enter into this Agreement to define certain parameters of the future legal obligations, are bound by a duty of Confidentially with respect to their sources and contacts. This duty is in accordance with the International Chamber of Commerce Convention (I.C.C.).

WHEREAS, the undersigned desire to enter a working business relationship to the mutual and common benefit of the parties hereto, including their affiliates, subsidiaries, stockholders, partners, co-ventures, trading partners, and other associated organizations (herein after referred to as “AFFILIATES”).

NOW THEREFORE in consideration of the mutual promises, assertions and covenants herein and other good and valuable considerations, the receipts of which is acknowledged hereby, the parties hereby agree as follows:

I.

TERMS

AND

CONDITIONS:

A. The parties will not in any manner solicit, nor accept any business in any manner from sources not their Affiliates, which sources were made available through this Agreement, without the express permission of the party who made available the source and,

B. The parties will maintain complete confidentiality regarding each other business sources and/or their Affiliates and will disclose such business sources only to named parties pursuant to the express written permission of this party who made available the source; and,

C. That they will not in any of the transactions the parties are desirous of entering into and do, to the best of their abilities assure the other that the transaction codes established will not be affected and,

D. That they will not disclose names, addresses, email address, telephone and fax or telex numbers to any contacts by either party to third parties and that they each recognize such contracts as the exclusive property of the respective parties and that they will not enter into any direct negotiations or transactions with such contracts revealed by the other party and,

E. That they further undertake not to enter into business transaction with banks, investors, sources of funds or other bodies, the names of which have been provided by one of the parties to this agreement, unless written permission has been obtained from the other party(ies) to do so. For the sake of this agreement, it does not matter whether information obtained from a natural or a legal person. The parties also undertake not to make use of a third party to circumvent this clause.

F. That in the event of circumvention of this Agreement by either party, directly or indirectly, the circumvented party shall be entitled to a legal monetary penalty equal to the maximum service it should realize from such a transaction plus any and all expenses, including but not limited to all legal costs and expenses incurred to recover the lost revenue.

G. All consideration, benefits, bonuses, participation fees and/or commissions received as a results of the contributions of the parties in the Agreement, relating to any and all transactions will be allocated as mutually agreed.

H. This agreement is valid for any an all transaction between the parties herein and shall be governed by the enforceable law in Australian Courts, Canada Courts, USA Courts, UK Courts, Singapore Courts, or under Swiss Law in Zurich, in the event of dispute, the arbitration laws of states will apply.

I. The signing parties hereby accept such selected jurisdiction as the exclusive venue. The duration of the Agreement shall perpetuate for five (5) years from the date hereof.

II.

ICC

NCND

AGREEMENT

TO

TERMS

A. Signatures on this Agreement received by the way of Facsimile, Mail and/or Email shall be deemed to be an executed contract. Agreement enforceable and admissible for all purposes as may be necessary under the terms of the Agreement.

B. All signatories hereto acknowledge that they have read the foregoing Agreement and by their initials and signature that they have full and complete authority to execute the document for and in the name of the party for which they have given their signature.

III.

ACCEPTED

AND

AGREED

WITHOUT

CHANGE.

Electronic Signature is valid and accepted as Hand Signature.

1st Party Signatory’s Full Name _________________________ Company Name           _________________________ Signatory Position       _________________________ Address                        _________________________ Phone/Fax                    _________________________ Mobile                           _________________________ E-mail                           _________________________ Passport Number        _________________________ Signature & Seal         _________________________ Signed Date                 _________________________

2nd Party Signatory’s Full Name _________________________ Company Name           _________________________ Signatory Position       _________________________ Address                        _________________________ Phone/Fax                    _________________________ Mobile                           _________________________ E-mail                           _________________________ Passport Number        _________________________ Signature & Seal         _________________________ Signed Date                 _________________________

Irrevocable Confirmed Purchase Order (ICPO)

This document is prepared in the form of an Irrevocable Confirmed Purchase Order (I.C.P.O.) which has drafted subject to the rules of the International Chamber of Commerce, ICP 500.

IRREVOCABLE

CONFIRMED

PURCHASE

ORDER

#______________

Date: _______________
To:   ________________
Attn: ________________


We, ___________________on behalf of director of _________________ with full responsibility and behalf on our Buyer ready to purchase the following goods:

PRODUCT	: ____________________
ORIGIN	: ____________________
TOTAL QUANTITY	: ______________________________ (____________) M.T. per year.
MONTHLY DELIVERY	: ______________________________ (____________) M.T. per month.
QUALITY	: Export quality
CONTRACT PERIOD	: ___________________ months
DELIVERY	: FOB ___________________ or CIF port ___________________
PRICE AND DISCOUNT	: To be mutually agreed upon by Buyer & Seller
PAYMENT CONDITIONS	: Irrevocable, Confirmed, Revolving L/C from a prime world bank
PAYMENT PROCEDURES	: According to the terms of the contract, to be mutually agreed upon by Buyer & Seller
TRANSACTION PROCEDURES	: According to the terms of the contract, to be mutually agreed upon by Buyer & Seller
INSPECTION	: SGS for Quantity and Quality
PERFORMANCE BOND	: 2% Performance Bond
PROCEDURE	1) 2) 3)
BANK NAME	: _______________________________
ADDRESS	: _______________________________
BANK OFFICER	: _______________________________
ACCOUNT NUMBER	: _______________________________
IBAN	: _______________________________
SWIFT	: _______________________________
TELEPHONE	: _______________________________
E-MAIL	: _______________________________
The given document provides the legal basis for the Seller’s transfer of these terms and parameters for preparing of the draft contract and shall become an integral part of the future contract and valid for up to ____ days. We also give our sanction to Bank of the Supplier (Seller) to make inquiry of our solvency concerning the given transaction ( ‘Soft Probe’ ). To that we authorize our bank to give from __ _________ 20x__ the necessary information ( ‘Soft Probe’ ).

BUYER
_________________________________
                   (stamp and seal)



President / CEO: _________________________