Terms of Business
Terms of Business and Contractual Documentation
Crédit Agricole Corporate and Investment Bank (“Crédit Agricole CIB”) has posted Terms of Business (“Terms”) including a series of country annexes on this site.
The Crédit Agricole CIB Head Office and EEA Branches Terms, governed by French law, are specific to Crédit Agricole CIB Paris and certain of its branches in the European Economic Area as listed below and govern the provision of those services and transactions (as defined in the relevant Terms) provided to or carried out on behalf of Clients (wherever those Clients are established) by Crédit Agricole CIB Paris and those European Economic Area (“EEA”) branches. These branches in the EEA are Brussels, Milan, Frankfurt and Stockholm (“EEA branches”).
The Crédit Agricole CIB Head Office and EEA Branches Terms govern only the relationships between Crédit Agricole CIB Paris and its EEA Branches with Clients and are not intended to govern other relationships between Crédit Agricole CIB’s non-EEA Branches or non-EEA subsidiaries with Clients (whether or not those Clients are resident within the EEA). The Crédit Agricole CIB Head office and EEA Branches Terms cover only MiFID II business.
The Crédit Agricole CIB London Branch Terms, governed by English law, govern the relationships between Crédit Agricole CIB London branch with Clients in respect of all services and transactions supported by the London branch.
The Terms also describe how they interact with transaction or service specific documentation which may be issued in particular cases (the assumption being that transaction specific documentation will govern the terms of the relationship with the Client for the purposes of that transaction).
In the context of the Terms, Clients may have relationships with Crédit Agricole CIB Paris and/or different EEA Branches and/or the London Branch. Different Terms may apply to different services or in relation to different transactions depending upon whether Clients deal with Crédit Agricole CIB in different locations. If Clients do deal with Crédit Agricole CIB in multiple locations, in order to establish which particular set of Terms govern any specific service or transaction, Crédit Agricole CIB will apply:
- the Terms applicable to the location of Crédit Agricole CIB through which the particular service or transaction is originated and where, in relation to that service or transaction, Crédit Agricole CIB has its main contact with the Client; and
- in respect specifically of Clause 5 (Compensation scheme) of the Credit Agricole CIB London Branch Terms, to Clients wherever located, which have deposited monies with Crédit Agricole CIB London branch; and.
- in respect of Clause 20.2 (Client money) of the Credit Agricole CIB London Branch Terms, to Clients wherever located, which have made small overpayments to the Credit Agricole CIB London Branch.
By way of example:
MiFID service or transaction originated by the Crédit Agricole CIB branch in Country A with a Client in Country A or by the Client in Country A with the Crédit Agricole CIB branch in Country A is governed by the Terms for Country A.
MiFID service or transaction originated by the Crédit Agricole CIB branch in Country A with a Client in Country B or by the Client in Country B with the Crédit Agricole CIB branch in Country A is also subject to the Terms for Country A.
Service or transaction originated by the Crédit Agricole CIB London branch with any Client or by any Client with the Crédit Agricole CIB London branch is governed by the London branch Terms.
The individual Terms applicable to each location other than Paris are all directly derived from the Terms of Crédit Agricole CIB Paris and vary only to the extent required in order to comply with the local law and regulation of the jurisdiction of the branch or the specific requirements of the markets served by the relevant location.
If Clients are in any doubt which particular Terms govern a specific Service or Transaction, they should contact their usual relationship manager.