- Authority to Open and Continue Accounts
Under the name or style of (the Partnership)
We confirm that we are all the partners in the partnership trading or practicing under the above name. The Bank is hereby requested and authorised, that all/any of the Authorised Individuals (listed in this application form) may from time to time request the Bank to:
- to open or, as the case may be, continue such one or more accounts (together the “Accounts”, individually an “Account”) as we may from time to time request the Bank to open or, which are currently existing in the books of the Bank in the name of the Partnership;
- We understand that an “Authorised Signatory” we appoint means a person identified as such, and whose name and signature are set out, in this application form, or any other person authorised by us in writing, who can perform transactions in accordance with paragraph 2, and in each case in respect of whom the Bank has not received notice in writing from us removing such person as an Authorised Signatory, and Authorised Signatories shall be construed accordingly. We authorise the Bank to act on the instructions of Authorised Signatories, as specified in the account mandate (the “Mandate”), the name and number of those Authorised Signatories required for each Account being as specified in this Mandate and the relevant Account application form (the “Application Form”);
- We understand a Mandated Business24 User we appoint means a person identified as such, and whose name and signature are set out, in this application form or any other person authorised by us who can perform transactions in accordance paragraph 3, and in each case in respect of whom the Bank has not received notification in writing from us removing such person as a Mandated Business24 User and Mandated Business24 Users shall be construed accordingly. The authority of any Mandated Business24 User shall be limited to the extent, if any, indicated in this application form or as notified by us in writing to the Bank. We authorise the Bank to act on the instructions of Mandated Business24 Users, as specified in this Mandate, the name and number of those Mandated Business24 Users required for each Account being as specified in this Mandate and the relevant Application Form;
- We authorise and instruct the Bank to act on instructions with regard to the purchase or sale of or other dealings in securities or documents or any foreign currency, to accept and act on any application or request for the issue of any letter of credit, guarantee, indemnity, or counterindemnity and to act on any instructions with regard to any other transactions of any kind or with regard to any of the Accounts in every case whether any of the Accounts is or are in credit or in debit or may in consequence become overdrawn or otherwise but without prejudice to the Bank’s right to refuse to allow any overdraft or increase of overdraft beyond any specified limit from time to time;
- We authorise and instruct the Bank to grant overdraft, loan or other facilities or accommodation on any Account or otherwise to us, and by way of security to accept as duly signed or executed on our behalf any document creating or evidencing any charge, mortgage or pledge over or in respect of any securities, documents or other property whatsoever from time to time in the Bank’s possession for our account, whether by way of security or safe custody or otherwise;
- We authorise the Bank to act on any instruction to countermand or revoke any cheque, draft or other order to pay before it is effected;
- We authorise the Bank to act, at the Bank’s discretion, on any instruction or communication given or originated by facsimile; provided that the instruction to be sent by fax bears the signatures of the Authorised Signatories.
- Authorisation to the Bank for Signatory Transactions
We authorise the Bank to act on the number of Authorised Signatories, as specified in the relevant Application Form to:
- honour and comply with all cheques, debit and credit card transactions, drafts, instructions to pay, bills of exchange and promissory notes expressed to be drawn, signed, accepted, endorsed or made on our behalf drawn upon or addressed to or made payable with the Bank whether the relevant Account is in credit or in debit or may become overdrawn in consequence or otherwise but without prejudice to the Bank’s right to refuse to allow any overdraft or increase of overdraft beyond any specified overdraft limit from time to time;
- honour and comply with any instructions to withdraw any or all money on any Account and any instruction to deliver, dispose of or deal with any securities, documents or other property whatsoever from time to time in the Bank’s possession for our account, as partners in the Business, whether by way of security or safe custody or otherwise.
- Authorisation to the Bank for Internet and Telephone Banking Facilities
- We agree that the Bank, either directly or through a subsidiary, associated business or agent (each a “Representative”), provide from time to time at the Bank’s discretion internet and telephone banking services to us in accordance with the Bank’s Business24 Service Terms and Conditions and its standard operating procedures for the provision of Business24 Services as may be applicable from time to time.
- We acknowledge that all Mandated Business24 Users may set up payments on Accounts to which they have access via the Business24 Service, including designating the Accounts and/or other accounts to which payments may be made.
- We agree that the Bank is hereby authorised and instructed to transfer funds between the Accounts covered by the Mandate, make payments to other nominated accounts and pay nominated bills, on any instruction received through the Bank’s Business24 Service, provided instructions are received from the required number of Mandated Business24 Users in accordance with this Application Form and in accordance with the terms and conditions of the Business24 Service.
- Controls and Reconciliation
We confirm that we have put in place such security controls, including account reconciliation procedures as we deem appropriate to prevent unauthorised use of, or breach of the Bank’s Terms and Conditions relating to, the Accounts, including the unauthorised use of the Bank’s Business24 Service by us, Authorised Signatories and Mandated Business24 Users and that the Bank has no obligation to supervise or enquire into such security arrangements or to seek confirmation of any transaction effected on the Accounts or using the Bank’s Business24 Service.
We agree that we shall be liable for any overdraft, loan or other credit facilities or accommodation which shall be granted on any Account or otherwise made available to us as Partners in the Business, in accordance with this Mandate, together with all interest, commission and other expenses.
- Right to Lien
(This clause is not applicable to Pension Funds).
We agree that nothing in this Mandate or in the arrangements between the Bank and us, as partners in the Business, shall be treated as constituting an implied agreement restricting or negating any lien, charge, pledge, right of set-off or other right the Bank may have at any time (whether arising by operation of law, contract or otherwise).
- Account Closure
We agree that the Bank may close at any time and from time to time any or all of the Accounts by giving two months’ notice in writing to the Partnership at the address for correspondence given overleaf or such other address for such purpose from time to time notified by the Partnership in writing to the Bank.
- Account Statements
We agree that we will examine all statements supplied by the Bank setting out transactions on the Accounts and we will notify the Bank of any discrepancies in accordance with the Statement of Accounts conditions set out in the Bank’s Terms and Conditions booklet.
We agree to indemnify the Bank in full on demand against any loss, damage or other liability whatsoever and howsoever arising that the Bank may incur or suffer by reason of the Bank acting in accordance with any instruction or communication believed by the Bank in good faith to have been given or made in accordance with this Mandate, or such amended mandates as may be given to the Bank at any time, and this indemnity shall be in addition to the indemnities contained in the Business24 Service Terms and Conditions and in the terms and conditions applicable to the Accounts.
- General Terms and Conditions
We agree that each Account shall be governed by the Bank’s General Terms and Conditions applicable from time to time, and we shall ensure that each Authorised Signatory and/or each Mandated Business24 User is fully conversant with and understands the Bank’s standard procedures and Terms and Conditions for the provision of any service provided by the Bank in accordance with this Mandate. In the event of any conflict between these resolutions and such terms and conditions, these resolutions shall prevail.
- Customer Information
We acknowledge the information provided by us, including information provided by us in respect of all Authorised Signatories, Mandated Business24 Users, and other beneficial owners and officers, or otherwise obtained by the Bank, and information in relation to the conduct of the Accounts (the “Information”), shall be retained, used and disclosed by the Bank in accordance with and for the purposes set out in the Bank’s General Terms and Conditions in relation to Customer Information, including for the purposes of:
- the Criminal Justice (Money Laundering and Terrorist Financing) Act (2010) (as amended, re-enacted or replaced from time to time) and the Fifth Anti Money Laundering Directive (Directive (EU) 2018/843) as implemented in Ireland, which require the Bank to satisfy itself as to our identity and the identities of certain officers and beneficial owners, and the identity of any other customers on an Account, before opening an Account, permitting transactions on an Account or providing certain services;
- Administering the Accounts, group reporting and analysis, and any other purposes specified in the Bank’s General Terms and Conditions and / or Business24 Terms and Conditions.
- Change in Constitution of the Partnership
We undertake to give the Bank immediate notice in writing of any change in the constitution of the Partnership and we agree that any incoming partner in the Partnership will sign such assent to this Mandate as the Bank may require. Mandate to remain in force until written revocation: This Mandate shall remain in force until written revocation of it by all/any of the Partners shall be received by the Bank notwithstanding any change in the constitution or name or the Partnership and shall apply notwithstanding any change in the membership of the Partnership by reason of death, bankruptcy, retirement, disability or otherwise of any partner or the admission of any new partner or partners.
Permanent TSB will use your personal data to identify our products, services and benefits which we believe may be of interest to you.
We confirm that we have read and accept the Terms and Conditions of this Mandate contained in this application form. We acknowledge that we have checked the limits for Internet Banking Transactions in this application form and that same are correct.