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Checking Agreement Template for Germany

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Key Requirements PROMPT example:

Checking Agreement

I need a standard Checking Agreement for individual retail customers that includes basic online banking services and a debit card facility, compliant with German banking regulations and suitable for implementation by March 2025.

Document background
The Checking Agreement (Girokontovertrag) is a fundamental banking document used to establish the contractual relationship between a financial institution and a customer for the operation of a current account in Germany. This agreement is essential for any individual or entity seeking to open and maintain a checking account with a German bank. It outlines the comprehensive framework for account services, including deposits, withdrawals, payment processing, and associated banking services. The document must comply with German banking regulations, including the German Civil Code (BGB), Banking Act (KWG), and various consumer protection laws. It's particularly important as it forms the legal basis for daily banking transactions and establishes rights, obligations, and liabilities of both parties. The agreement typically includes provisions for modern banking services such as online banking and payment cards, while ensuring compliance with anti-money laundering regulations and data protection requirements under GDPR.
Suggested Sections

1. Parties: Identification of the bank and account holder(s) with full legal names and addresses

2. Background: Brief context explaining the purpose of the agreement for opening and maintaining a checking account

3. Definitions: Key terms used throughout the agreement including 'Account', 'Banking Day', 'Payment Services', etc.

4. Account Services: Core services provided with the account, including deposits, withdrawals, and payment processing

5. Customer Obligations: Customer's duties including proper account usage, reporting requirements, and cooperation obligations

6. Bank's Obligations: Bank's duties including account maintenance, statement provision, and security measures

7. Fees and Charges: Basic fee structure and charging mechanisms (detailed fees in schedule)

8. Account Statements: Frequency, format, and verification procedures for account statements

9. Security and Access: Basic security provisions and account access procedures

10. Liability: Liability allocation between bank and customer, including unauthorized transactions

11. Data Protection: Basic data protection and privacy provisions in compliance with GDPR

12. Term and Termination: Duration of agreement and termination rights for both parties

13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

Optional Sections

1. Online Banking Services: Include when online banking services are offered, detailing access procedures and security requirements

2. Debit Card Terms: Include when a debit card is provided with the account

3. Overdraft Facility: Include when an overdraft facility is offered with the account

4. Joint Account Provisions: Include for accounts with multiple holders

5. Foreign Currency Transactions: Include if foreign currency transactions are permitted

6. Special Customer Status: Include for business customers or other special account types

7. Third-Party Access Rights: Include when allowing authorized representatives or power of attorney

Suggested Schedules

1. Schedule of Fees and Charges: Detailed listing of all applicable fees, charges, and commission rates

2. General Business Conditions: Bank's standard terms and conditions (AGB-Banken)

3. Special Conditions for Payment Services: Detailed terms for various payment services

4. Online Banking Terms and Conditions: Detailed terms for online banking services if applicable

5. Debit Card Terms and Conditions: Specific terms for debit card usage if provided

6. Data Protection Notice: Detailed information about data processing and privacy rights

7. Deposit Protection Information Sheet: Information about applicable deposit protection schemes

Authors

Alex Denne

Head of Growth (Open Source Law) @ 红杏直播 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





































Clauses
































Relevant Industries

Banking and Financial Services

Financial Technology

Legal Services

Retail

Corporate Services

Professional Services

Public Sector

Non-Profit Organizations

Healthcare

Education

Relevant Teams

Legal

Compliance

Banking Operations

Customer Service

Risk Management

Product Development

Regulatory Affairs

Treasury

Corporate Banking

Retail Banking

Documentation

Account Management

Relevant Roles

Legal Counsel

Compliance Officer

Banking Operations Manager

Account Manager

Customer Service Representative

Risk Manager

Product Manager - Banking

Financial Controller

Branch Manager

Regulatory Affairs Specialist

Corporate Lawyer

Banking Administrator

Chief Financial Officer

Treasury Manager

Operations Director

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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