a orm - mcb 1533f_call back... · 2020. 4. 17. · a orm the mauritius commercial bank ltd. - sir...

F 15

33F

CALL BACK AND INDEMNITY FORM

The Mauritius Commercial Bank Ltd.9-15 Sir William Newton Street, Port Louis, Republic of Mauritius T: +230 202 6060 F: +230 208 7054 E: contact@mcb.muSWIFT Code MCBLMUMU BRN: C07000934 www.mcb.mu

JAN

201

8_V3

This form can be filled in on a computer; alternatively use black ink and CAPITAL letters.

Initials: ...........................................................................................................

Date: / / (dd/mm/yyyy)

To: Mauritius Commercial Bank Ltd (the “Bank”)

Legal Entity Details

Legal Entity Name:(the “Company”)

RegisteredAddress:

Phone Number: Fax Number:

Email: Maximum 35 characters

Dear Sir/Madam,

In consideration of you agreeing to our request to communicate from time to time instructions to the Bank purporting to come from the Company, we formally and unreservedly confirm that:

1. The Company has requested the Bank to act on instructions, requests and other communications transmitted or to be transmitted by theCompany to the Bank by means of, but not limited to, an original letter, facsimile, or scanned instructions sent via emails (referred as the“Instruction(s)”).

2. It is acknowledged that the Bank will only act upon the Instruction(s) (not limited to Payment Instructions) received from the emailaddress(es) and fax number(s) provided by the Company in the Call Back Process Form as set out above.

3. We are fully aware of all the risks inherent to the Instruction(s) transmitted to the Bank, including but not limited to Instruction(s) beingerroneously addressed to the wrong recipients and thereby becoming known to third parties and therefore unreservedly accept that theBank shall bear no responsibility or liability in relation thereto.

4. Each Instruction communicated to the Bank shall contain only one (1) type of transaction.

5. The Bank shall be under no duty to verify at any time the identity of the person(s) sending any Instruction(s) purportedly made on my/ourbehalf or the genuineness of the said Instruction(s).

6. Any transaction processed pursuant to any Instruction(s) received from the Company shall be binding.

7. It is acknowledged that the Bank’s standard process for acting upon Instruction(s) received involves calling back the Company to verify thatsuch Instructions emanate from the Company (the “Call-Back Process”).

8. The Call-Back Process is not applicable to transactions below USD 5,000* or equivalent and for transactions which include:

• Inter Account transfers including cards - fund transfers to accounts of the same entity held with MCB;

• Payment of certain fees to regulatory bodies (Financial Services Commission, Mauritius Revenue Authority), government bodies andservice providers (Management Company/Registered Agent, Auditors).

* The Bank may change the value of the threshold by giving a notice of 30 days.

9. The Bank however reserves itself the right, in its absolute discretion, to apply the Call-Back Process for any transaction (irrespective of theamount or the fact that it is has been mentioned in point 8).

10. We further confirm that:Tick (a) as appropriate

The Company has not submitted any prior Call-Back-Process form (“Form”) to the Bank.

This Form shall be effective as from the date of its signature until revoked or replaced in writing by the Company. (Applicable to first time application).

This Form overrides and replaces any prior Form(s) submitted by the Company. (Applicable where the Company has submitted prior Form).

11. The Company nominates the person(s) (“Nominee(s)”) listed in Annexure 1 as the case may be for the purposes of the Call-Back Process.

The Bank reserves itself the right to call any of the persons nominated to verify the genuineness of the Instruction(s).

12. The Bank shall be entitled to record phone confirmations of Instruction(s) with respect to transactions above such amounts as it shall fromtime to time determine in its sole and absolute discretion.

13. The phone confirmation recordings shall be kept for a period not exceeding two (2) months as from the date of the call-back.

14. It is acknowledged that the Bank shall not entertain any request or claim emanating from the Company in respect of the Call-Back Process,two (2) months after the date of the call-back.

15. The Company hereby agrees that if the Bank cannot contact any of the Nominee(s) for the purposes of the Call Back Process after three(3) consecutive attempts (referred as a “Failed Call-Back”), the Bank is entitled to act upon the Instruction(s) received from the Companywithout any further action or notice.

16. The Bank shall not be subject to any action, proceeding, claim, loss, damage, cost, expenses and liabilities suffered and incurred by theCompany arising out of or in connection with a failed call-back.

17. The Company hereby agrees to indemnify the Bank at all times and hold the Bank harmless against any action, proceeding, claim, loss,damage, cost, expenses and liabilities including but not limited to legal costs which the Bank may incur as a result of a failed call-back. TheCompany agrees to pay any such costs, expenses, claim and loss promptly upon a request from the Bank.

18. The Bank shall use its best endeavours to effect transaction(s) on a same day value basis (“Same Day Transaction(s)”) and the Companyhereby acknowledges and accepts the risks associated with such transaction(s), including but not limited to the recall of funds. The Companyfurther undertakes that it shall keep the Bank indemnified at all times in respect of Same Day Transaction(s) that the Bank effects on itsbehalf.

19. This Form shall be governed by the laws of the Republic of Mauritius and any dispute in relation thereto shall be submitted to the exclusivejurisdiction of the Courts of the Republic of Mauritius.

Yours faithfully,(Authorised Signator(ies))

Signature: Signature:

If more than one signature needed

Name: Name:

Capacity: Capacity:

First Nominee

Name:

Capacity:

National ID: OR Passport Number:

Call Back contact number:

Signature:

Second Nominee

Name:

Capacity:

National ID: OR Passport Number:

Call Back contact number:

Signature:

Third Nominee

Name:

Capacity:

National ID: OR Passport Number:

Call Back contact number:

Signature:

Fourth Nominee

Name:

Capacity:

National ID: OR Passport Number:

Call Back contact number:

Signature:

Request for additional nominee(s) shall be detailed on a fresh piece of paper and should be attached to this document.

ANNEXURE 1 - CONTACT DETAILS OF NOMINEES FOR CALL-BACK PROCESS

FOR BANK USE ONLY

Customer Number:

Received by:

Signature:

Signature Code:

Input by: Verified by:

Signature: Signature:

Signature Code: Signature Code: