1 Regulations Closed Cash Withdrawals Warsaw, November 2013 mbank.pl
2 Table of Contents 1. General Provisions Withdrawals Made at the Bank s Cash Desks Withdrawals Made through a Transport Company Withdrawals Made at the Sorting Facility Final Provisions...5 Appendices: 1. Declaration 2. Closed cash withdrawal instruction
3 1. General Provisions 1. These Regulations, hereinafter referred to as the Regulations, set out the principles under which mbank S.A., with its registered office in Warsaw, makes closed cash withdrawals for the Customer. 2. The following terms used in these Regulations shall have the meaning ascribed to them below: 1/ Bank mbank S.A. with its registered office in Warsaw, 2/ withdrawal instruction a document used by the Customer to make a closed cash withdrawal; the specimen instruction is attached as Appendix 2 to these Regulations, 3/ transport company the company specified in the Agreement that is responsible for the secured transport of cash, 4/ Customer a natural person, legal person and an organisational unit without legal personality, provided that it has legal capacity, 5/ Branch a Corporate Branch of the Bank 6/ Declaration an appendix to the Agreement, being its integral part, the specimen of which constitutes Appendix 1 to these Regulations, 7/ pack a wallet, bag, box or safe envelope into which the Bank places the closed withdrawal, 8/ Sorting Facility an entity that has signed an Agreement on a substitute cash service with the Bank, 9/ Agreement an Integrated Bank Account Agreement an Agreement on the fulfilment of closed cash withdrawals, 3. The Customer shall make closed cash withdrawals on the basis of an Agreement signed with the Bank. 4. The following provisions shall not apply to any payments services provided under an Agreement: Chapter II of the Payment Services Act dated 19 August 2011 and Articles 34-37, sections 3 and 4 of Article 40, Article 45, sections 2 to 5 of Article 46, Article 47, Article 48, Article 51, and Articles 144 to 146 of the Payment Services Act dated 19 August 2011 or, if allowed, any other legal provisions that will amend or modify the above provisions These Regulations shall constitute an integral part of the Agreement and are binding on both parties thereto as long as the Agreement is valid. The Bank reserves the right to amend the Regulations pursuant to the principles laid down in The relevant provisions of the law, in particular the provisions of the Payment Services Act, Civil Code, Banking Law and Foreign Exchange Law, together with their secondary regulations, shall apply to any matters not regulated by the Agreement or Regulations Closed cash withdrawals may be made: 1/ at the Sorting Facility through the transport company appointed by the Customer; or 2/ at the Bank s cash desks, personally by the Customer; or 3/ at the Bank s cash desks, by the transport company appointed by the Customer. 2. A Customer who wishes to use the service referred to in paragraph 1 must make appropriate declarations in the Agreement The Customer shall order a closed cash withdrawal by submitting a withdrawal instruction, in accordance with the specimen of the closed cash withdrawal instruction, enclosed as Appendix 3 to these Regulations. 2. A withdrawal instruction document should contain the following details: the withdrawal date, the Customer s name and address, the withdrawal amount in figures and words, the withdrawal currency, the number of the account from which the withdrawal is made, the withdrawal denomination specification, the forename, surname and the number of the identity document of the person authorised by the Customer to collect the closed cash withdrawal and in cases referred to in 6, paragraph 1, points 1 and 3, also the forename, surname and the number of the identity document of the person from the transport company authorised to collect the closed cash withdrawal from the Sorting Facility or the Bank s cash desk and, additionally, the place of delivery of the money by the transport company. 3. The Customer shall submit a written withdrawal instruction to the Bank as follows: 1/ personally, 2/ by fax, 3/ via electronic banking systems. 4. Any withdrawal instruction referred to in points 1 and 2 of paragraph 3 should be signed in accordance with the valid specimen signature card of the Customer. 5. In the case of a withdrawal instruction referred to in paragraph 3 point 3, the Customer s signatures are replaced with authorisation performed by authorised personnel in the electronic banking systems. 6. In the event of any irregularities in a withdrawal instruction form completed by the Customer, the withdrawal instruction shall not be executed. 7. The Bank s employee shall notify the personnel authorised to maintain contacts with the Bank as specified in the Agreement, by telephone forthwith with a written confirmation to follow, of inability to execute the instruction, while stating the reason A payment instruction, within the meaning of the Act of 19 August 2011 on Payment Services, shall be deemed received by the Bank upon the receipt by the Bank of the correct payment instruction, pursuant to 7 paragraph In the event that the Bank receives a payment instruction referred to in paragraph 1 after the cut-off time specified by the Bank, pursuant to paragraph 3, it will be deemed that the Bank has received such payment instruction on the next business day for the Bank. 3. The detailed information on cut-off times and times of execution of the Customer s instructions and on the form and principles applied at the Bank to monetary settlements shall be notified to the Customer by giving access to information in operating rooms of the Bank or in the Web Portal of mbank Group The Bank shall establish a blockade on funds available in the bank account of the Customer in an amount equal to the amount specified in the withdrawal instruction. A blockade shall result in the Customer s inability to dispose funds in the amount specified in the withdrawal instruction. Blockades shall be established between 3:30 p.m. and 4:00 p.m. one a business day at the Bank, prior to the withdrawal date. In the event that the withdrawal is not executed by the time specified in the withdrawal instruction, the blocked funds will be released from the blockade by the end of the day on which the withdrawal was to be made. 2. In the event that the funds in the Customer s account are insufficient in the time span specified in point 1, the Bank may refuse to execute the withdrawal instruction, and will promptly notify the Customer thereof. 3/9
4 The Bank undertakes to ensure that the cash packs will be prepared and packed, under a withdrawal instruction, by a commission (i.e. by at least two persons acting jointly). 2. The Bank undertakes to properly prepare the money, i.e. to ensure that the total amount of the withdrawal equals the amount of the withdrawal instruction and to issue the money to the person authorised by the Customer. 3. A copy of the withdrawal instruction is inserted in the money pack The Bank is allowed to make one withdrawal in several packs. In such a case, the withdrawal instruction should contain the numbers of all the packs (and in the case of bags: the numbers of the bags and the numbers of the seals). 2. In the event that withdrawals are made in different currencies they shall be inserted in separate packs The Customer shall be obliged to collect the withdrawal on the date specified in the withdrawal instruction. 2. A change of the withdrawal instruction by the Customer shall be deemed a new instruction that substitutes the previous instruction. 13. The Customer undertakes to ensure that the package will be opened and the money will be counted by a commission (i.e. by at least two persons acting jointly) In the event that any irregularities arise (the amount of the withdrawal is inconsistent with the withdrawal instruction), the Customer shall draw up a written noncompliance report, in two copies, one for the Bank and one for the Customer. 2. The noncompliance report should include: 1/ forenames, surnames and signatures of the persons who participated in the counting of the cash and found the difference; 2/ date of receipt and counting of the withdrawal; 3/ type of noncompliance (shortfall or surplus); 4/ banknote denominations; 5/ noncompliance amount. 3. The report should include the components of the withdrawal packaging in which the noncompliance was found. 4. Any differences shall be compensated by debiting or crediting the Customer s bank account from which the withdrawal was made. 15. Any shortfalls reported by the Customer shall be accepted by the Bank if all of the following conditions are met: 1/ the shortfall is reported immediately (by delivering the noncompliance report to the Branch no later than on the next business day after the cash withdrawal); 2/ a surplus is found at the Bank or the Sorting Facility on the same day on which the Customer found a shortfall, 3/ the surplus is causally linked with the shortfall found by the Customer, 4/ the shortfall is found by persons acting jointly on behalf of the Customer and the claim has been submitted in writing. 16. The Customer shall be responsible for the money from the moment of confirmation of withdrawal by the persons authorised to receive the money on the withdrawal instruction 17. The Bank shall post any executed withdrawal by debiting the Customer s bank accounts that are specified by the Customer in the withdrawal instruction. 18. The activities related to the handling of closed withdrawals by the Bank may be conducted on by the Sorting Facility on behalf of the Bank (the details of the Sorting Facility are available at the Branch). 2. Withdrawals Made at the Bank s Cash Desks If the Customer makes a withdrawal at the Bank s cash desk, the person who collects the pack should collect it in an intact condition. 2. The person who collects the pack shall check whether the pack numbers comply with the numbers entered into the withdrawal instruction by the Branch employee and whether the security features of the pack are intact. 3. If the numbers are in compliance, the person who collects the pack shall sign the withdrawal instruction. 4. If it is found that the pack or seal on the pack (bag) is damaged, the person authorised to collect the money is obliged to refuse to accept it. 3. Withdrawals Made through a Transport Company Any closed withdrawals referred to in 6 paragraph 1 points 1 and 3 may only be made after the Customer submits the Declaration, in which the Customer should indicate: the full business name of the Customer and the name and address of the transport company used or to be used by the Customer. The Customer undertakes to immediately enter into a separate agreement with the transport company for the transport of money unless such an agreement has been signed before the conclusion of the Agreement. In addition, in the case referred to in 6 paragraph 1 point 1, the Customer shall include in the Declaration the list of vehicles and, possibly, of persons authorised to make withdrawals on the Customer s behalf. 2. In the case referred to in 6 paragraph 1 point 1, if the Declaration includes a list of persons authorised to make withdrawals on the Customer s behalf, the Customer, when making a withdrawal, shall enter the words: In accordance with the list contained in the Declaration into the field: The following person from the transport company is entitled to collect money from the Sorting Facility in the withdrawal instruction. 3. The Customer undertakes to forthwith submit the Declaration to the Bank after each change of either the transport company or its details. Any change of details, as mentioned in the preceding sentence, shall not constitute an amendment to the Agreement The Customer should communicate the principles of collecting packs, as specified in the Regulations and the Agreement, to the transport company and, in particular, notify it of the requirement to: 4/9
5 1/ present an identity document, 2/ collect money in intact packs, 3/ check if pack numbers are in compliance with the withdrawal instruction, 4/ sign the original of the withdrawal instruction if in compliance, 5/ draw up an escorted delivery report, in two copies, one for the Customer and one for the transport company, 6/ deliver and handover the closed cash withdrawal to a person authorised by the Customer, as well as to notify the transport company of the transport company s liability for entrusted money from when the transport company s employee signs the withdrawal instruction to when the money is delivered to the specified location and the cash acceptance is signed by a person authorised by the Customer on the escorted delivery report. 2. If the pack or the seal on the pack (bag) is found to be damaged, the employee of the transport company is obliged to refuse to accept it. 3. The transport company shall deliver closed packs with descriptions to the place determined in the withdrawal instruction and hand over the packs to the person specified on the withdrawal instruction The Customer is obliged to accept, through an authorised employee, any pack that is in the intact condition at the place specified in the withdrawal instruction. 2. The person receiving the pack must check that the security features of the pack are intact. 23. If the conditions set out in 21 and 22 are met, the person who is receiving the pack signs the escorted delivery report If it is found that the pack or seal is damaged, the person authorised to collect the cash on behalf of the Customer will arrange that the pack is opened and the money is counted by a commission (i.e. at least two persons acting jointly) together with the transport company. 2. The principles of liability of the transport company for any irregularities (when the amount of the cash delivered fails to comply with the withdrawal instruction) related to damage to the pack or seal are specified in 21 paragraph In the event that any irregularities arise (the amount of the cash delivered fails to comply with the withdrawal instruction), the Customer shall draw up a noncompliance report, in three copies, one for the Bank, one for the Customer and one for the transport company, in accordance with paragraphs 2, 3 and 4 of Withdrawals Made at the Sorting Facility 26. The Bank undertakes to notify the Customer in writing or via an online electronic banking system of the name and address of the Sorting Facility that executes closed withdrawals for a given Branch. The Bank shall notify the Customer of any change in the details of the Sorting Facility. Such a change of details shall not constitute an amendment to the Agreement. 27. In the event that any irregularities arise (the amount of the cash delivered fails to comply with the withdrawal instruction), the Customer shall draw up, in accordance with paragraphs 2, 3 and 4 of 14, a noncompliance report, in three copies, one for the Bank, one for the Customer and one for the Sorting Facility. 28. The Customer undertakes to return to the Bank any packs (except disposable packs) immediately after the relevant closed cash withdrawals are executed. If the Customer fails to return a pack to the Bank within 3 business days from when it was dispatched by the Sorting Facility, the Bank will be entitled to charge a fee for making a collective pack of coin or banknotes to the Customer, in accordance with the Tariff of Banking Fees and Commissions of mbank for SME and Corporates. 5. Final Provisions The types and amounts of commissions and fees for closed cash withdrawals and other activities relating to closed cash withdrawals, as well as for packaging related to closed cash withdrawals, are specified in the Tariff of Banking Fees and Commissions of mbank for SME and Corporates. 2. Subject to paragraphs 3 and 4, the Bank shall charge any commissions and fees referred to in paragraph 1 by debiting the Customer s bank accounts. 3. The Bank shall collect any fees and commissions for closed cash withdrawals executed by the Bank by debiting the bank account specified in the Agreement. 4. If the Customer decides not to collect a withdrawal (or fails to timely collect the amount of a withdrawal or changes the withdrawal instruction), the Bank shall collect a commission on the unexecuted transaction in the amount specified in the Tariff of Banking Fees and Commissions of mbank for SME and Corporates. 5. The Bank shall communicate changes in the commissions or fees referred to in paragraph 1 through giving access to information at the Branch The provisions of the Regulations may be amended while the Agreement is valid. 2. The Bank shall send the new wording of the Regulations or a notice specifying amendments to the Regulations, together with the effective date of such amendments, to the Customer by receipt-confirmed registered mail sent to the Customer s last address known to the Bank or by handing over the text of the new Regulations or the notice of amendments to the Customer against a confirmation of receipt. 3. For a Customer who has signed an Integrated Bank Account Agreement with the Bank, the new wording of the Regulations or notice referred to in paragraph 2 may also be delivered through a reference (hyperlink) put on the sites of the online electronic banking system to the sites of the Internet Portal of mbank Group containing the wording of the amended Regulations. Together with such reference (hyperlink), the sites of the online electronic banking system shall contain the information on the date of publication of the amendments to the Regulations on those sites and the effective date of such changes. The day of delivery of the amendments to Regulations to the Customer is considered to be the eighth day from the date of publication of such amendments on the Internet Portal of mbank Group. 4. The Customer s refusal to accept the new terms and conditions of the Agreement arising from any amendments to the provisions of the Regulations should be made in writing within 14 days from the delivery of the new wording of the Regulations or the notice and shall constitute the termination of the Agreement. 5. Any situation where no statement regarding the acceptance of the new terms and conditions of the Agreement is submitted within 14 days of the date of their receipt shall be deemed by the Bank as the Customer s acceptance of the new provisions of the Regulations, which shall be binding from the effective date of such amendments. 31. The Customer referred to in 30 paragraph 3 undertakes to the Bank to read any banking information provided via the online banking system, and in particular any information on amendments to the Regulations, at least once a week. 5/9
6 mbank S.A., with its registered office in Warsaw, ul. Senatorska 18, as a personal data controller, within the meaning of the Act of 29 August 1997 on Personal Data Protection, hereby declares that the Customer s personal details shall be processed in the banking personal data filing system in order to perform the Agreement concluded by the Customer with the Bank. 2. Furthermore, mbank S.A. notifies that in order to take any steps necessary to conclude and perform the Agreement and in order to exercise and fulfil the statutory rights and obligations of the Bank connected with performance of banking activities - the Customer s personal data may be delivered to the System Bankowy Rejestr (Banking Register System) a database the personal data controller of which, within the meaning of the Personal Data Protection Act, is the Polish Bank Association, having its registered office in Warsaw, which database has been established and operates under sections 4, 4a and 4d of Article 105 and Article 105a of the Banking Law, as well as to other institutions that are empowered by law to grant credits, in the cases, to the extent and for the purposes specified in the Banking Law, and to business information bureaux operating under the Business Information Access and Business Data Exchange Act, to the extent and on the terms and conditions specified in that Act 3. In accordance with the provisions of the Personal Data Protection Act, the Customer and his representatives shall have the right to: 1/ access and correct their data, 2/ object to the processing of their own data for promotional and marketing purposes relating to the promotion of the Bank s own products and services. 6/9
7 Appendix No. 1 to the Regulations on the closed cash withdrawals DECLARATION Customer s name:... Customer s address:... We hereby declare that we have signed an agreement on cash transportation services with: (name of the transport company *) (address of the transport company *) For Closed Cash Deposits **) : List of security guards authorised to make the closed cash deposit (forename and surname, ID card number, ID number, photograph and specimen signature): List of vehicles (make, colour, registration number):... For Closed Cash Withdrawals **) : List of security guards authorised to make the closed cash withdrawal (forename and surname, ID card number, ID number, photograph and specimen signature): List of vehicles (make, colour, registration number):... List of persons authorised to make the closed cash withdrawal at the Bank s Branch ***) : (forename, surname, ID card number)... /company stamp and signatures of persons authorised to make declarations of will regarding the property rights and obligations on behalf of the Customer/... Place, date... /signature and name stamp of the Bank s employee verifying the identity of the persons who signed this declaration/ *) If more than one transport company is used, please enter the names and addresses of all the companies. **) Delete as appropriate. ***) For closed cash withdrawals made via the Sorting Facility by the transport company indicated by the Customer, please enter the list of vehicles and the list of persons authorised to make closed cash withdrawals (it is not necessary to list the persons if you intend to enter the details of the persons authorised to make the withdrawal in each withdrawal instruction).
8 Appendix 2 to the Closed Cash Withdrawal Regulations... (Customer s name) (place and date) (Customer s address) (Contact telephone numbers) CLOSED CASH WITHDRAWAL INSTRUCTION We request a withdrawal through the Sorting Facility / at the Bank s cash desk *) on (date)... for the following company: (Customer s name and address) the amount:... currency:... in words:... from account no.... (Customer s account number) according to the following specification *) : Units Denomination Value Total The following person from the transport company *) is authorised to collect the money at the Sorting Facility / Bank s cash desk *) : (forename and surname, ID card number) Place of delivery of the money by the transport company *)... The following person is authorised to collect the money on behalf of the Customer: (forename and surname, ID card number) (Customer s seal and signature in accordance with the Specimen Signature Card) The specimen signatures have been verified: (date and signature of the Bank s employee) *) delete as appropriate
9 Appendix 2 to the Closed Cash Withdrawal Regulations Instruction accepted for execution: The money in the above amount has been inserted to packs, nos.:... (pack numbers) (signatures and name stamps of the employee preparing the withdrawal) (signatures and name stamps of the employee handing over the withdrawal) I have received the pack intact... (forename and surname, ID card number of the person authorised to collect the money) (date and signature) mbank.pl mbank S.A., ul. Senatorska 18, Warszawa, entered in the commercial register of the National Court Register kept by the District Court for the Capital City of Warsaw, 12th Commercial Division, under KRS , Tax Identification Number (NIP): , with its fully paid-up share capital amounting to PLN 168,555,904 as at 1 January 2013.