Regulations on Closed Cash Deposits

Transcription

1 Regulations on Closed Cash Deposits Warsaw, November 2013 mbank.pl

2 Table of Contents 1. General Provisions Deposits Made at Cash Desks Deposits Made via Cash Depository Drop Safe (at the Bank or Sorting Facility) Deposits Made at the Sorting Facility Final Provisions...5 Appendices: 1 Declaration

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, accepts closed cash deposits made by 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/ deposit slip a document used by the Customer to make a closed cash deposit; the document should contain the following elements: the amount of the deposit in figures and in words, currency, the Customer s name and address, the number of the account to which the deposit is made, the title of the deposit, the depositor s details, the control number of the pack(s), and the signature of the person making the deposit, 3/ Cash depository drop safe operating manual a manual specifying the detailed rules of use of the cash depository drop safe that apply at a given Branch or Sorting Facility, 4/ transport company the company specified in the Agreement (in the Declaration) that is responsible for the secured transport of cash, 5/ Customer a natural person, a legal person and an organisational unit without legal personality, provided that it has legal capacity, who/which has signed the Agreement with the Bank, 6/ Branch a Corporate Branch of the Bank, 7/ Declaration an appendix to the Agreement, being its integral part, the specimen of which constitutes Appendix 1 to these Regulations, 8/ pack a wallet, bag, box or safe envelope into which the Customer places the closed deposit, 9/ Sorting Facility an entity that has signed an Agreement on a substitute cash service with the Bank, 10/ Agreement an Integrated Bank Account Agreement or an Agreement on the acceptance of closed cash deposits, 11/ Cash depository drop safe a currency or premises where packs are accepted or temporarily stored. 3. The Customer shall make closed cash deposits 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 The 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 Civil Code, Banking Law, Payment Services Act and Foreign Exchange Law together with their secondary regulations, shall apply to any matters not regulated by the Agreement or Regulations Closed cash deposits may be made by the Customer: 1/ at the Sorting Facility personally by the Customer; or 2/ at the Sorting Facility through the transport company appointed by the Customer; or 3/ via the cash depository drop safe personally by the Customer; or 4/ via the cash depository drop safe through the transport company appointed by the Customer; or 5/ at the Bank s cash desks personally by the Customer; or 6/ at the Bank s cash desks through 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 Closed cash deposits may be made in packs issued by the Bank, subject to paragraph Closed cash deposits may be made in other packs, not issued by the Bank. Such a pack may be used on condition that the Customer has submitted to the Bank, prior to making a deposit, the relevant report on tests carried out by the Institute of Precision Mechanics (Instytut Mechaniki Precyzyjnej) or a statement confirming that such report on tests carried out by the Institute of Precision Mechanics has been prepared for a given pack, and provided, further, that the Bank has accepted such statement or report on tests carried out by the Institute of Precision Mechanics. 3. Each pack should bear a control number The Customer undertakes to fill in a deposit slip before making the deposit. The Customer must write the control number of a pack on the deposit slip relating to such pack. 2. If the Bank finds that any details on the pack do not comply with the deposit slip, the Customer will be obliged, upon the Bank s request, to explain the reasons of such non-compliance One deposit may be made in several packs. 2. In the case referred to in paragraph 1, the Customer should complete one deposit slip for the total amount of the cash deposited. 3. The deposit slip should include the numbers of all packs containing any cash covered by the deposit slip The Customer should sort out and arrange the cash being deposited, i.e.: 1/ banknotes should be banded in packages of l00, 2/ banknotes that cannot form a full package should be also banded. 2. The prepared money should be inserted in packs in such a way that it cannot be removed without leaving visible damage to the pack. 3. The amount of money should be adjusted to the volume and other properties of the pack. 4. Monies denominated in different currencies should be inserted in separate packs. 3/6

4 11. The Customer authorises the Bank to count any closed deposits made by the Customer in the Customer s absence In the event that any shortfall is found in any packs that have been counted, the Customer undertakes to cover the shortfall found, arising from a deficiency in the deposit, counterfeit money, banknotes or coins that do not meet the conditions of purchase and differences resulting from the use of an incorrect foreign exchange rate. 2. In the event that any surplus is found in any packs that have been counted, the Bank undertakes to return the surplus found. 3. Any differences shall be compensated by the Bank by way of debiting or crediting the Customer s bank account. 4. In the event that there is no cash in a pack that contains a deposit slip, it will be deemed that the Customer made no deposit. The Bank shall retain the deposit slip and notify such fact to the Customer by telephone and in writing. 5. The Customer undertakes to explain the situation in writing. 6. The Customer represents that: 1/ the Customer shall accept any differences report, prepared by the Bank, as the sole and exclusive evidence confirming that the subject differences actually occurred, 2/ the Customer knows, and undertakes to adhere to, the Bank s requirements relating to forming and packaging cash and to filling in deposit slips. 13. The Bank undertakes to ensure that: 1/ packs will be counted by a commission (i.e. by at least two people acting jointly), 2/ the Customer s bank account will be credited with the deposit amount (after being counted), subject to 14, 3/ settle any differences within three business days after a deposit is made A payment instruction, within the meaning of the Payment Services Act, shall be deemed received by the Bank upon the receipt by the Bank of the correct payment instruction, pursuant to 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 forms 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 on in the Web Portal of mbank Group ( 4. The funds from a closed cash deposit shall be credited to the Customer s bank account maintained by the Bank no later than on the next business day, with the day on which the Bank booked the deposit as the value date In the event that a pack is damaged, the employee of the Bank and the employee of the Sorting Facility shall refuse to accept it. 2. In the event that a closed cash deposit is made using the cash depository drop safe and the pack is damaged, the Bank will contact the Customer to explain the situation Activities related to the handling of closed deposits by the Bank may be performed on behalf of the Bank by a Sorting Facility, the details of which are published at the Branch. 2. Any closed deposits referred to in may be made after the Customer submits the Declaration indicating: the full business name of the Customer, the name and address of the transport company, the full names of the security guards authorised to make closed deposits, the list of the vehicles 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. 3. The Customer undertakes to submit the Declaration to the Bank forthwith after each change of any details of the transport company. Any change of details, as mentioned in the preceding sentence, shall not constitute an amendment to the Agreement. 2. Deposits Made at Cash Desks 17. Each pack should contain one closed deposit together with a deposit slip (original and copy). The Customer should hand over the remaining two copies of the deposit slip to the teller clerk. 3. Deposits Made via Cash Depository Drop Safe (at the Bank or Sorting Facility) Having signed the Agreement, the Customer shall receive the cash depository drop safe operating manual. 2. The Customer shall be obliged to comply with the provisions of the manual referred to in paragraph 1, in accordance with the instructions provided by the Bank or personnel of the Sorting Facility After the Agreement is signed, the Bank or the Sorting Facility shall deliver to the Customer any items and devices necessary to make deposits via the cash depository drop safe. 2. In the event of incorrect use of the cash depository drop safe or the loss of or damage to a holder, key, magnetic card or pack, any costs resulting therefrom shall be charged to the Customer Each pack should contain one closed deposit, together with one deposit slip (original and copy). 2. The Customer shall be obliged to insert in a separate envelope one copy of the deposit slip together with those sections of the slip that are marked for the Bank, as torn off the safe envelope, and to put the envelope in the correspondence drop box. 3. The manner of distribution of documents referred to in paragraph 2 is specified by the cash depository drop safe operating manual. 4/6

5 The Bank shall ensure that any deposits made are insured against theft, burglary, fire and explosion from when the deposit is inserted in the cash depository drop safe. 2. The Bank s liability under the insurance referred to in paragraph 1 shall not exceed the average amount deposited through the cash depository drop safe in the last 30 deposits made before the damage. If fewer than 30 deposits were made, the liability may not exceed the average amount of the deposits made. 3. The Customer shall have the right to ensure an additional insurance policy. 22. Before terminating the Agreement or withdrawing from making deposits in the cash depository drop safe, the Customer shall be obliged to return any unused items and devices necessary to make deposits via the cash depository drop safe. 4. Deposits Made at the Sorting Facility 23. The Customer may deliver packs with money to the Sorting Facility or insert such packs in the cash depository drop safe at the Sorting Facility. 24. Each pack should contain one closed deposit, together with one deposit slip (original and copy). The Customer should hand over one copy of the deposit slip to the Sorting Facility s personnel. 25. In the cases referred to in points 1 and 2 of 6.1, the Bank shall immediately notify the Customer in writing of the name and address of the Sorting Facility that services closed deposits for a given Branch. The Bank shall notify the Customer of any change in the details of the Sorting Facility. Any change in the Sorting Facility s details shall not constitute an amendment to the Agreement. 5. Final Provisions The types and amount of commissions or fees for making closed deposits and for other activities relating to closed deposits, as well as for any items, packaging connected with closed deposits 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 the Customer s closed cash deposits accepted by the Bank by debiting the bank account specified in the Agreement. 4. The Bank shall communicate changes in the commissions or fees referred to in paragraph 1 through announcements available 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 shall hand 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 amendments. 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. 28. The Customer referred to in 27.3 undertakes to the Bank to read any banking information provided via the online electronic banking system, and in particular any information on amendments to the Regulations, at least once a week 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. 5/6

6 Appendix No. 1 to the Regulations on closed cash deposits 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). 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.