Draft Doa - CCMF - mt103 - Agreement 80-20
Draft Doa - CCMF - mt103 - Agreement 80-20
Draft Doa - CCMF - mt103 - Agreement 80-20
PARTY -A/INVESTOR:
INVESTOR'S INFORMATION
COMPANY NAME: CCMF LIMITED
C/O WALKERS CORPORATE LIMITED CAYMAN CORPORATE CENTRE 27
COMPANY ADDRESS:
HOSPITAL ROAD, GEORGE TOWN KY1-9008, CAYMAN ISLANDS
REGISTRATION NUMBER: MC-279277
REPRESENTED BY: MR. JOHN LEE
PASSPORT NO.: 642546440
COUNTRY OF ISSUE: UNITED STATES OF AMERICA
DATE OF ISSUE: 27 SEP 2018
DATE OF EXPIRY: 27 JUL 2027
BANK NAME: UBS AG
BANK ADDRESS: BAHNHOFSTRASSE 45,8098 ZURICH, SWITZERLAND
ACCOUNT NAME: CCMF LIMITED
ACCOUNT SIGNATORY: MR. JOHN LEE
ACCOUNT NUMBER: 10001283
SWIFT CODE/BIC: UBSBCHZZXXX
Hereinafter referred to as the “Investor” or “Party-A” on the one hand, and
PARTY-B/RECEIVER:
HEREINAFTER REFERRED TO AS PARTY-B/“DEVELOPER” / RECEIVER
BENEFICIARY NAME:
COMPANY ADDRESS:
REPRESENTED BY:
PASSPORT NUMBER:
COUNTRY OF ISSUE:
ISSUE/EXPIRY DATE:
BANK NAME:
BANK ADDRESS:
ACCOUNT NAME:
SWIFT CODE:
AGREEMENT NUMBER No.: CCMF/SSI-200/10022021 MT103 WIRE (CASH TRANSFER)
CREATED DATE : 2021-02-01 11:28:19 1 | Page
IBAN/ACCOUNT NUMBER:
BANK OFFICER NAME:
BANK-OFFICER-PHONE:
Hereinafter referred to as the “Developer” or “Party-B” on the other hand, both together and individually
herein after referred to as the "Parties", conclude an agreement of such content, hereinafter referred to as
the "Agreement".
WHEREAS:
Whereas the Parties hereto are desirous of entering into this Agreement for the purpose of developing
own investment projects contemplated herein for the mutual benefit only and not for other purposes
whatsoever.
Whereas both Parties hereto warrant that the currencies to be transacted, for making the investments,
are all good, clean and cleared funds of non-criminal origin, without any traces of illegality or unlawfulness
whatsoever.
Whereas each Party hereto declare that it is legally empowered, fully authorized to execute and accept
this agreement, as well as agrees to be bound by its terms and conditions under the penalty and other
consequences.
Whereas Investor through its fiduciary bank, where the final agreements will be lodged in and assigned to,
confirms and warrants that it has the financial capacity of euro funds and euro funds to transact under this
Agreement.
Whereas the Parties hereto with full corporate responsibility, under the penalty of perjury, declare that
they will upon the execution of this Agreement complete the transaction contemplated herein, except on
circumstances of force majeure and government sanctions, if such appear. The parties hereto shall not be
liable for any failure to perform under the “force
majeure” provisions of the ICC, Paris.
Whereas both Parties herein agree that each party has the full right to use and choose whatever company
more suitable to carry out this assignment, to successfully complete the present transaction.
1. SUBJECT OF AGREEMENT:
1.1. In accordance with the provisions of this Agreement and general principles and regulations of the
management of the financial resources the Investor instructs, and the “Developer” undertakes to manage
investment plans accepted by parties and invested by Investor by this Agreement.
1.2. The Investor's financial resources made available to the “Developer” hereinafter referred to as the
AGREEMENT NUMBER No.: CCMF/SSI-200/10022021 MT103 WIRE (CASH TRANSFER)
CREATED DATE : 2021-02-01 11:28:19 1 | Page
"Investments".
1.3. According to the laws of and for execution of the Law of About the regime of foreign international
investing for two parties, the subject of this Agreement is a joint investment activity of the Partners, which
is not connected with creation of new legal entities, on the following directions: investments in commercial
sphere, social, innovative projects etc.
1.4. The High Contracting "Parties", in order to strengthen bilateral friendly international relations are
intended to cooperate in the following make own projects at the expense of own funds and financial
opportunities as well as attracting involving partners.
1.4.1. Promoting involvement in the real economy, and private regional priority investment projects.
1.4.2. Promoting a balanced and sustainable growing system of financial support for projects and programs
in priority areas.
1.4.3. Minimizing investment and commercial risks involved in the implementation of projects.
And also, can carry out reinvestment in the objects of the primary investment and other objects of
investment and reinvestment.
expenses, payment of commodities and services, transfers facilities for payment of salaries and other types
of rewards, cover all kinds of charges.
3.1.7. Attract other legal entities and individuals for the fulfillment of their investment programs under the
present Agreement at their sole decision.
3.1.8. Are to provide each other with necessary assistance.
3.1.9. Are to follow and observe the terms and conditions hereof.
3.1.10. Are obligated to keep in a secret all business, technical and commercial information related to
implementation hereof.
3.1.11. Can invest additional investments during the validity period of the present Agreement, and also can
carry out reinvestment in primary investment projects and other investment and reinvestment objects.
3.2. The Party A for the purposes of fulfillment hereof:
3.2.1. Develops the directions of own investment activity with its economic and technical ground.
3.2.2. Concludes contracts, agreements, and other agreements necessary for realization of its investment
programs.
3.2.3. Acquires export-import quotas and licenses for export and import of commodities and products.
3.2.4. Provides Party B with all necessary legal, financial and other documents, related to the fulfillment
hereof.
3.2.5. Can invest money during validity of this Agreement according to the current legislation.
3.2.6. Carries out economic activity to fulfill own investment programs, makes debt liquidation on all kinds
of expenses, payment of commodities and services, got by each of the Parties, transfers facilities for
payment of salaries and other types of rewards, finance all kinds of charges.
3.2.7. Attracts other legal entities and individuals for realization of the investment programs under the
present Agreement.
3.2.8. Attracts investments and financial assets, including credit and loan facilities of residents and not
residents aimed on execution of investment activity.
3.3. The Party B for the purposes of fulfillment hereof:
3.3.1. Develops the directions of own investment activity with its economic and technical ground.
3.3.2. Concludes contracts, agreements, and other agreements necessary for realization of its investment
programs.
3.3.3. Acquires export-import quotas and licenses for export and import of commodities and products.
3.3.4. Provides Party A with all necessary legal, financial and other documents, related to the fulfillment
hereof.
3.3.5. Can invest money during validity of this Agreement according to the current legislation.
3.3.6. Carries out economic activity to fulfill own investment programs, makes debt liquidation on all kinds
of expenses, payment of commodities and services, got by each of the Parties, transfers facilities for
payment of salaries and other types of rewards, finance all kinds of charges.
3.3.7. Attracts other legal entities and individuals for realization of the investment programs under the
present Agreement.
3.3.8. Attracts investments and financial assets, including credit and loan facilities of residents and not
AGREEMENT NUMBER No.: CCMF/SSI-200/10022021 MT103 WIRE (CASH TRANSFER)
CREATED DATE : 2021-02-01 11:28:19 1 | Page
Now therefore in consideration as herein set out and in consideration of the understanding, as well as of
here good valuables purposes, the adequacy and receipt of which is hereby acknowledge by Parties as
follows:
Party-A ready to start project financing in the volume and follows the sequence: The Party A provides Party-
B with funding necessary for implementation development projects through their own euro currency funds.
5. TRANSACTION PROCEDURES:
5.1. Party-B completes/signs/seals this Agreement and submits them to Party-A via e-mail, along with the
compliance documents, which shall include the following:
• Present Agreement (PAIFC), with all annexes.
• Copy of the authorized signatory’s passport.
5.2. Party-A verifies, approves, completes and counter signs/seals this Agreement, and forwards the whole
package along with its compliance documents to mandate of PARTY-A.
PARTY-A mandate is to do hard copies contract a puts his signature / scanning the Agreement and sends
by e-mail BOTH Parties in PDF format to place the bank by e-mail (Hard copies to be exchanged by courier
service, if requested) which shall include the following:
AGREEMENT NUMBER No.: CCMF/SSI-200/10022021 MT103 WIRE (CASH TRANSFER)
CREATED DATE : 2021-02-01 11:28:19 1 | Page
7. CODES OF IDENTIFICATION:
AGREEMENT NUMBER No.: CCMF/SSI-200/10022021 MT103 WIRE (CASH TRANSFER)
CREATED DATE : 2021-02-01 11:28:19 1 | Page
7.1. The Parties agree that all documents related to the transactions bear the codes listed on page 01 of
this agreement and that the said codes remain unchangeable within this Agreement duration, including all
rollovers, extensions and additions (HA-AHCC-06).
8. COMMUNICATION:
8.1. Communication with banks will be limited to those between the Investor’s bank and Developer’s bank
and only by between authorized bank officers/representatives, including principals of the Investor and the
Developer, in the course of completion of this transaction. No communication by any other party is
permitted without prior written consent of the named account holders.
8.2. Any notice to be given hereunder from either Party to the other shall be in writing and shall be
delivered by fax to the telefax number or by e-mail to e-mail address of the respective Party as provided
herein. The Parties agree that acknowledged e-mail or telefax copies are treated as legally binding original
documents. E-mail copies scanned and sent on e-mail as photo, of this Agreement and exchange of
correspondence duly signed and/or executed shall be deemed to be original and shall be binding and are
regarded as original and good for any legal purpose.
8.3. EDT-Electronic Document Transmittal & Counterparts: This Agreement may be executed in multiple
copies at different times and places, each being considered an original and binding. All facsimile /electronic
transmittal/communications, including electronic signature, relating to this Agreement and which are
mutually accepted by the Parties, shall be deemed legally binding and enforceable documents for the
duration of the transaction. And 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).
• Electronic Commerce Agreement (ECE/TRADE/257, Geneva, May 2000) adopted by the United
Nations Centre for Trade Facilitation and Electronic Business (UN/CEFACT).
• All electronically submitted documents shall be subject to the European Community Directive No.
95/46/EEC, as applicable.
9. VALIDITY:
9.1. Once this Agreement is signed by both Parties the transaction shall begin within two (2) banking days
or sooner, excluding Saturdays and Sunday and any bank holidays.
11. ASSIGNMENT:
11.1. Each Party to this Agreement may assign this Agreement or its total or partial performance hereof to
any other company which assumes the obligations of the assigning party under the terms of the
assignment. Formal notice of the assignment shall be rendered to the other party to this Agreement
expressly indicating there on the assignee's full contact particulars.
14.2. The only party allowed to make a claim under this Agreement, if any, is either Party A or Party B. And,
any claim must be first proven by the Injured-Party and invoice settled by the Party-in-Default within 10
(ten) calendar days, or else the Injured-Party can file a legal claim against Party-in-Default in any court of
jurisdiction of their choice.
Furthermore, we, the undersigned Parties, hereby swear under the international laws or perjury and fraud
that the information provided by us herein is accurate and true, and by affixing our signatures /initials/seals
to this Agreement, we attest that our respective banking officers are fully aware of, have approved and are
ready proceed with this transaction.
WITNESS WHEREOF, the Parties hereto do set their hands and are witnessed with seals upon this
Agreement as of this 2021-02-01 11:28:19
15. SIGNATURES:
I, Mr. ............................, the undersigned ........................ (hereinafter referred to as the “Payor” of the
present monetary resources) acting with full legal and corporate responsibility, hereby irrevocably and
unconditionally, without protest or notification, without prejudice, recourse, or delay guarantee to pay the
project funding sums entitled to each Project Developer’s below nominated Master Paymasters accounts
listed on this document, via MT103 Cash TT by Swift.Com/Swift.Net, at the time of each and every
tranche of the transaction settlement with INVESTOR, meaning simultaneously upon clearance of funds
and receipt of credit to our account. This IMDPA is our irrevocable pay order to the project developers, is
and shall remain an integrate part of the referenced contract between receiver and INVESTOR.
This IMDPA shall remain in effect until this transaction, including any renewals, extensions and additions
are fully completed.
ARBITRATION: All disputes and questions whatsoever which arises between the Investor, Receiver
and/or Beneficiaries/Project Developers to this A agreement and touching on this IMDPA on the
construction or application thereof or any account cost, liability to be made hereunder or as to any act or
way relating to this A agreement, shall be settled by the arbitration in accordance with the arbitration laws
of the ICC.
This IMDPA contains the entire agreement and understanding concerning the subject matter hereof and
supersedes and replaces all prior negotiations and proposed agreements, written or oral. Neither of the
AGREEMENT NUMBER No.: CCMF/SSI-200/10022021 MT103 WIRE (CASH TRANSFER)
CREATED DATE : 2021-02-01 11:28:19 14 | Page
Parties may alter, amend, nor modify this IMDPA, except by an instrument in writing signed by both
Parties and recipients of funds. This IMDPA will be governed by and construed in accordance with the
laws of United Kingdom. In the event that either Party and/or Recipient(s) of funds shall be required to
bring any legal actions against the Payor in order to enforce any of the terms of this IMDPA the prevailing
party shall be entitled to recover reasonably attorney fees and costs.
This IMDPA, if transmitted by facsimile or electronic mail, shall be considered an original, legally
enforceable document. Generally recognized International Standards of Non-Circumvention & Non-
Disclosure (NC/ND) are applicable for a period of Five (5) Years from the date of this document or the last
date of the contract, including any renewals, extensions and additions that are fully
completed/signed/sealed and we agree to respect those.
We hereby declare that we are fully aware that the information received from you is in direct response to
our request and is not in any way considered or intended to be a solicitation of funds of any sort, or any
type of offering, and is intended for our general knowledge only. We hereby affirm, under penalty of
perjury, that we have requested information from you and your organization by our choice and free will,
and further that you have not solicited us in any way. And, project developers and master paymasters are
NOT Advisors of any Kind.
THIS IRREVOCABLE PAY ORDER / IMDPA WILL COME INTO EFFECT WITHIN 24 (TWENTY FOUR) HOURS
AFTER BOTH PARTIES HAVE EXECUTED THE AGREEMENT AND ONLY AFTER THE INVESTOR’S BANK HAVE
MADE THE RELATED TRANSFER OF INVESTMENT FUNDS TO RECEIVER’S/PAYOR’S BANK COMMON
ACCOUNT. ALL SWIFT via MT103 Cash TT/RTGS TO BE MADE HEREUNDER WILL BE MADE IN EURO
CURRENCY AND SHALL HAVE A SPECIAL MESSAGE ATTACHED TO IT AND READ: “URGENT, THE SAME
DAY VALUE AND CREDIT”, AS PER THE AGREED TERMS AND CONDITIONS IN THIS AGREEMENT AND
IMDPA, WHICH BANKING COORDINATES FOR 80% DEPOSIT OF INVESTMENT ARE AS FOLLOWS:
**The foregoing account details may be changed by the party to the account only with at least 48 hours
prior notice to the Investor
IN WITNESS WHEREOF, the Parties hereto do set their hands and are witnessed with seals upon this
Agreement as of this date of 2021-02-01 11:28:19