Wire Transfer Services Agreement - BMO Bank N.A
Wire Transfer Services Agreement - BMO Bank N.A
This Wire Transfer Services Agreement, including, but not limited to, the Security Procedures, Instructions, Designated
Contact Information, Account Information, Authorized Caller (User) Schedule, Secondary Authorization Waiver Agreement,
Domestic Repetitive Template, and International Repetitive Template provided herein, (collectively the “Agreement”) is entered
into by and between BMO Bank N.A., a national banking association (“BMO”) and the undersigned customer (“Customer”). This
Agreement applies to all outgoing domestic, internal and international wire transfers using Fedwire or other wire transfer
systems (referred to collectively as "Transfers" or the “Services”) originated by Customer or on Customer’s behalf through a BMO
branch, regardless of how initiated, or through the BMO Wire Room by telephone, out of Customer’s deposit accounts (each, an
“Account”), which are governed by the Deposit Account Agreement for Personal and Business Accounts, as amended from time
to time (the “Deposit Account Agreement”). Accounts in the name of an individual consumer may be referred to as “Personal
Accounts” and Accounts in the name of a Company or other business Customer may be referred to as “Non-Personal Accounts.”
Incoming wire transfers to the Accounts are governed by the Deposit Account Agreement and not this Agreement. Outgoing
wire transfers from Non-Personal Accounts other than through a BMO branch or through the BMO Wire room by telephone, such
wire transfers are governed by the Global Treasury Management Services Master Agreement and Wire Transfer Service
Description, not this Agreement. To the extent the terms of the Deposit Account Agreement directly conflict with the terms of
this Agreement, the terms of this Agreement shall control.
1. BMO Authority to Honor Customer’s Payment Orders; Payment.
(a) Customer may authorize BMO to charge Customer’s Account(s) at BMO and transfer funds on Customer’s behalf upon
instructions for Transfers communicated to BMO in accordance with the terms of this Agreement. All such Transfer instructions,
including amendments and cancellations, are effective as Customer’s “Payment Order” (as defined in Article 4A of the Illinois
Uniform Commercial Code). Payment orders on a Customer’s Account initiated through the BMO Wire room may be given or
confirmed by an Authorized Signer on that Account or by an authorized individual as identified by Customer to BMO in set-up
forms acceptable to BMO (including, but not limited to, the Set-Up Forms or the Drawdown Authorization set-up forms for Non-
Personal Accounts); attached hereto); provided, however, that any payment orders initiated through a BMO branch may only be
initiated and confirmed by individuals who are Authorized Signers on the Account. Customer agrees to pay to BMO , and
authorizes BMO to charge Customer’s Accounts at BMO for: (i) the amount of each such Payment Order on or before the date
the Payment Order is executed by BMO, (ii) any overdrafts in any of its Accounts arising in connection with this Agreement and
any related fees, promptly on demand, (iii) BMO’s standard fees related to wire transfers in accordance with, as applicable, the
Deposit Account Disclosure governing Customer’s Personal Accounts or the BMO Bank Business Service Fee Schedule governing
Customer’s Non-Personal Accounts, which may be periodically amended, and (iv) any other third party fees incurred by BMO to
effect a Transfer or to provide any additional services in conjunction with a Transfer, subject to applicable law or regulation.
(b) You may authorize another depository institution to debit your Accounts with BMO and transfer funds to the other
depository institution (“Drawdown Requests”). Prior to BMO accepting Drawdown Requests, you must first complete, execute,
and return to BMO a Fedwire or SWIFT Debit Authorization Form, as applicable, authorizing BMO to accept such Drawdown
Requests and to debit your Accounts and transfer funds in accordance with the applicable Drawdown Requests.
(c) In order to order to initiate Drawdown Requests to debit an account at another depository institution and transfer funds
to your Account, you must first complete, execute, and return to BBMO the Wire Transfer Drawdown Authorization setup forms.
You must also provide express, written authorization to the depository institution from which funds will be transferred (your
“Drawdown Bank”) (with a copy to BMO where requested) to honor requests from BBMO to transfer funds to your Accounts.
BMO may provide you with a sample letter to be delivered to your Drawdown Bank for this purpose. However, BMO accepts no
liability for the contents of any such letter or the failure by your Drawdown Bank to accept such authorization or honor any
Drawdown Requests, and you hereby release BMO from any such liability.
2. Security Procedures.
(a) Customer acknowledges that the security procedures agreed upon by the Customer and BMO included in this
Agreement hereto (the “Security Procedures”) provide to Customer a commercially reasonable level of protection against
unauthorized funds transfers in light of Customer’s particular needs and circumstances for the purpose of verifying the
authenticity of a Payment Order or a communication amending or canceling a Payment Order communicated to BMO in the
name of the Customer.
(b) Customer acknowledges that the Security Procedures are used to verify the authenticity and not detect errors in the
Payment Orders which are delivered to BMO. Any Payment Order given by Customer or on Customer’s behalf will be effective
as Customer’s Payment Order, and Customer will be required to pay BMO the amount of any such Payment Order, whether or
not it has been authorized by Customer, and regardless of the actual identity of the sender thereof, if BMO accepts such Payment
Order in good faith and in accordance with the applicable Security Procedures. Even if a Payment Order is given in compliance
with the applicable Security Procedures, BMO may, at its discretion, delay the execution of that Payment Order until BMO is able
to verify the authenticity of the Payment Order by any means reasonably acceptable to BMO including, without limitation, placing
a telephone call to any person who is an authorized signer on Customer’s Account. BMO shall not be liable to Customer or any
other person for such delay, provided that BMO has acted in good faith.
(c) If Customer adopts a security procedure to communicate any Payment Order to BMO other than as set forth in the Security
Procedures then Customer will be deemed to have refused the Security Procedures that BMO is offering and recommending as
commercially reasonable and, if BMO accepts such Payment Order in good faith, Customer agrees to be bound by any such
Payment Order, whether or not authorized, and be liable to pay BMO for any such Payment Order.
3. Inconsistent Name and Account Number. Customer is responsible for the contents of each Payment Order
delivered to BMO by Customer or on Customer’s behalf. Customer acknowledges and agrees that BMO and any receiving bank
may rely on the Account number (or bank identification number) which appears in any Payment Order issued by Customer or on
Customer’s behalf without any obligation to look at the name of the receiving person, bank or Account which may also appear
on the Payment Order, even if that number identifies a person, bank or Account different from the person, bank or Account
identified by name. If Customer originates a Payment Order containing an inconsistent name and Account number (or bank
identification number), Customer acknowledges and agrees that Customer will be obligated to pay BMO the amount of the
Transfer originated by BMO on the basis of that Payment Order.
4. Cut-Off Times. Domestic Payment Orders must be delivered to the BMO Wire Room by 5:00 p.m. CST on a
Business Day or such other cut-off hours established by BMO from time to time. Payment Orders from Personal Accounts for any
international Transfers must be delivered to the BMO Wire Room by 4:00 p.m. CST or such other cut-off hours established by
BMO. No Payment Orders will be processed by BMO after the cut-off times established by BMO on any Business Day. “Business
Days” are Monday through Friday, excluding any holiday on which BMO and/or the Federal Reserve are closed for processing.
5. Rejection of Payment Orders; Overdrafts. BMO has the right to reject any Payment Order for any reason in good
faith, including without limitation, Customer’s failure to maintain a sufficient balance in an Account. If BMO rejects any Payment
Order which Customer communicates to BMO in accordance with the applicable Security Procedures, BMO will endeavor to notify
Customer by phone or other reasonable means no later than the next business day that the rejected Payment Order would
otherwise have been executed by BMO. BMO will have no liability to Customer based on its rejection of any Payment Order, or
for the failure or delay in providing any notice of such rejection. If BMO determines that honoring a Payment Order would cause
Customer’s Account designated in the Payment Order to be overdrawn, BMO may, but has no obligation to, execute the Payment
Order and (i) create an overdraft in such Account or (ii) transfer to the designated Account from any of Customer’s other Accounts,
funds sufficient to cover the deficiency in the designated Account, including the amount of any fee associated with initiation of
the Payment Order.
6. Cancellation or Amendment of Payment Orders. Customer has no right to cancel or amend a Payment Order after
it has been received by BMO. However, BMO will make a reasonable effort to act on a request for cancellation or amendment
of a Payment Order, provided that BMO receives such a request before it executes such Payment Order and has a reasonable
time to respond to the request, but BMO will have no liability if the requested cancellation or amendment is not accomplished.
7. Wire Transfer Instructions.
(a) Instructions. As originating bank, BMO relies on Customer for accurate and complete instructions for the
receiver/beneficiary bank specifications. Except for an international Transfer, Customer must specify the routing instructions for
each Payment Order, however, if no such specification is made Customer agrees that BMO may send the Payment Order through
such other financial institutions as appears appropriate in BMO’s reasonable business judgment. Customer may not specify the
routing instructions for an international Transfer and BMO will send any such Payment Order through any financial institution as
appears appropriate in BMO’s reasonable business judgment. In executing any Transfers, BMO shall use the funds transfer
system, communications system and intermediary bank as BMO deems appropriate with respect to such Transfer. To the fullest
extent permitted by law, (i) any such funds transfer system, communications system, or intermediary, agent or sub-agent shall
not be a Processor, as defined in Section 10, and shall be deemed to be the agent of the Customer, and BMO shall not be liable
for any errors, negligence, suspension or default of any of them or for any failure to identify the beneficiary or any mispayment
by any of them, and (ii) BMO shall not be liable for any errors, mutilations, delay, misdelivery, or failure of delivery in the
transmission of any Transfer in connection with such transaction or for any suspension of any means of transmission or for any
imposition of any censorship, exchange control or other restriction, all such risk being borne by Customer. Erroneous information
can (and often does) result in nonpayment or delay of funds and could potentially have a significant monetary impact on the
Customer.
(b) International Transfers. A request for the transfer of funds in a currency other than U.S. dollars shall require Customer to
first purchase such foreign currency from BMO or its designated affiliate. If Customer does not enter into a separate contract for
such purchase, then BMO may apply its then current exchange rate for transfers to the place of payment. Customer shall bear
any loss due to a fluctuation in currency exchange rates arising from a cancellation of such Transfer or because of a rejection of
delivery for any reason. BMO’s fees at the outset cover only its costs for such Transfers. Customer shall pay to BMO all additional
costs and fees incurred in connection with the tracing, recall of funds, rate changes and verifications required by foreign banks.
Customer agrees that if BMO utilizes the services of other banks for the purpose of giving effect to any request or order for the
transfer of funds in foreign currency, then BMO does so for the Account of and at the risk of Customer. Customer further
acknowledges that delivery of foreign transfers will be delayed where delivery would occur on a holiday in the recipient country.
8. Limits on Liability; Indemnity; Force Majeure. Except as otherwise required by applicable law, BMO’s liability to
Customer for any loss or damage arising from or relating to this Agreement or any funds transfer services, regardless of the form
of action, shall be limited to direct losses attributable to BMO's willful misconduct or gross negligence, and in no event will BMO
be liable for any punitive, indirect, incidental, consequential or special damages, whether or not BMO has been advised of the
possibility of such damages. Customer agrees to indemnify and hold BMO harmless from and against any and all claims,
damages, losses, liabilities and expenses (including reasonable attorney’s fees and court costs) arising directly or indirectly from
(i) BMO honoring or complying with a Payment Order in Customer’s name communicated to BMO and relating to the transfer of
funds out of Customer’s Account(s) with BMO, whether or not the Payment Order was authorized by Customer, as long as BMO
accepts the Payment Order in good faith and in compliance with the applicable Security Procedures, (ii) BMO honoring or
complying with a Payment Order which was authorized by Customer or which was effected in accordance with the terms of this
Agreement or an amendment to or cancellation of a Payment Order under this Agreement, (iii) BMO refusing to accept or process
a Payment Order that is communicated to it other than in compliance with the applicable Security Procedures or (iv) the acts or
omissions of Customer (including its agents, employees and representatives) or any third party, provided, however, that
Customer shall not be obligated to indemnify BMO for such claims, damages, losses, liabilities and expenses to the extent they
are attributable to BMO’s gross negligence or willful misconduct. The provisions of this Section will survive termination of this
Agreement. BMO’s liability for loss described above shall be limited to an amount of interest on the funds made unavailable to
the Customer computed at the average federal funds rate as computed by BMO for the period such funds are unavailable. BMO
shall not be liable for (i) any failure or delay in carrying out any of its obligations under this Agreement if such failure or delay
results from BMO acting in accordance with applicable laws, regulations or rules, (ii) any failure or delay resulting from acts of
God, strike or stoppage of labor, power failure, equipment failure, adverse weather conditions or any other cause beyond BMO’s
control, or (iii) any act or failure to act by any other financial institution or any other third party.
9. Termination. This Agreement may be terminated by you by giving thirty (30) days’ written notice thereof to BMO.
BMO may suspend your access to these Services or terminate this Agreement at any time and for any reason or no reason.
Notwithstanding such termination, this Agreement shall remain in full force and effect as to all transactions and Transfers t hat
have occurred, or which BMO began processing prior to the date of termination. Upon termination of this Agreement, Customer
will promptly pay to BMO all such amounts due or to become due under this Agreement.
10. Processors. Customer acknowledges and agrees that BMO may arrange for some or all of the Services hereunder
to be performed or provided by third party processors, including its affiliate, Bank of Montreal (each a “Processor”). Customer
agrees that each reference to “BMO” in this Agreement may include any Processor selected by BMO to perform some or all of
the Services hereunder. Customer further agrees that any such Processor is a third-party beneficiary of this Agreement and as
such is entitled to rely on, and avail itself of, the provisions of this Agreement as if it was BMO, including, without limitation,
the limitation on liability and the indemnities described in Section 8 of this Agreement.
11. Customer Representations, Warranties and Covenants. For Non-Personal Accounts, Customer represents and
warrants that it has taken all action necessary to enter into this Agreement and that entering into this Agreement does not
violate any provision of law or any provision of the Customer’s charter, operating agreement, articles of incorporation,
partnership agreement, by-laws or other such governing documents, or any other agreement binding on the Customer, and the
persons who have signed, or in the future may sign, any set-up forms on behalf of the Customer are duly authorized to do so.
12. Governing Law. This Agreement and the Services are governed by and must be construed in accordance with
applicable federal law and the laws of the state of Illinois, including the Uniform Commercial Code as in effect in the state of
Illinois from time to time.
13. Miscellaneous. BMO may amend any of the terms, conditions, and provisions of this Agreement or the Security
Procedures included on the signature page hereto. Unless otherwise required by applicable law or specified by BMO,
amendments will be effective after any of the following: (a) notice of the amendment is mailed to Customer addressed to
Customer’s primary mailing address as shown on BMO ' records, or (b) if applicable and permitted, notice of the amendment is
provided in electronic form. If BMO is permitted to send a notice electronically, it may provide such notice of amendment to
Customer: (1) by email at the email address BMO has on record at the time, (2) by access to a website that BMO will identify in
an email notice it sends to Customer at the time the information is available, or (3) by access to a website that generally BMO
will identify to Customer in advance for that purpose. If Customer continues to use the Services after the effective date of any
such notice, it will be deemed to agree to the amendment. In addition, if BMO makes amendments which are either favorable
to Customer or will have no adverse effect, it will not provide Customer notice, unless required to do so by applicable law. Any
provision of this Agreement may be amended or terminated immediately, without notice, to the extent necessary to comply
with applicable law. Notice from Customer to BMO shall be delivered by United States mail, or by overnight courier, addressed
to: BMO Bank N.A., Attn: Wire Support Unit 3D, 1200 Warrenville Road, Naperville, IL 60563 and will be effective when
BMO has actually received the notice at the address listed above, and has had a reasonable time to act on any such notice. BMO
may rely on any written notice or other written communication believed by it in good faith to be genuine and to have been
signed by Customer or Customer’s authorized representative. BMO is authorized (but not obligated) to record electronically any
telephone conversations between BMO and Customer (including its purported authorized representatives).
Security Procedures for Wire Transfers Initiated Through the BMO Wire Room
The information provided on this page details the security procedures applicable to your wire transfers initiated through the
BMO Wire Room only. Security procedures for wire transfers initiated through a BMO branch (regardless of how initiated) are
set forth at www.bmo.com/security. We recommend that you retain a copy of this document for future use.
Telephone-Initiated Transactions
Upon request, BMO will assign and supply to each individual you authorize to issue and/or confirm wire transfers (each, a
“User”) the necessary repetitive codes and personal identification numbers (“PINs”) to be used by such User to initiate and
confirm wire transfer requests over the phone, as applicable. To receive a PIN by email, each User is required to provide us
with an accurate and complete email address and to maintain and update any changes to the information promptly. When an
email address is provided, each PIN will be sent via secure email directly to the User. The designated contact will also be
advised via email of electronic PIN delivery. It is each User’s responsibility to ensure their assigned PIN(s) remain confidential.
If we send a User more than one PIN then each PIN will be sent in an email.
BMO’s standard policy and security procedure is that all wire transfer requests that are:
• 1. >= 5,000.00 USD (or foreign currency equivalent) where NON-REPETITIVE instructions are used require Secondary
Authorization.
• 2. >= 25,000.00 USD (or foreign currency equivalent) where REPETITIVE instructions are used require Secondary
Authorization.
All other wire transfer requests that do not meet this criteria will not be called back for Secondary Authorization. Customer
may choose to waive the Secondary Authorization security procedures that BMO recommends as commercially reasonable by
signing a “Secondary Authorization Waiver Agreement“. In such case, if a wire transfer request exceeds the limits above, BMO
will nevertheless initiate a call back to the User initiating the wire transfer to confirm the request (a “Primary Confirmation”),
which Primary Confirmation will require the User to provide a second PIN that BMO will issue to User for such purpose. BMO
may tape or otherwise record telephonic wire transfer requests or approvals.
Instructions
Your Responsibility:
Wire transfer security and quality depends on you or your company (“Customer”) giving BMO Bank N.A. (“BMO”) complete,
accurate and timely instructions to establish and remove authorized individuals (“User”) to receive the Personal Identification
Numbers (“PINs”) to initiate and/or confirm (i.e., approve) wire transfers (including, but not limited to, repetitive transfers). The
attached forms are for your use to establish and/or update wire transfer related authorizations and repetitive instructions. It is
the responsibility of the authorized person(s) (as defined below) to determine each User who can initiate and/or confirm wire
transfers. Each User is responsible for safeguarding the security of the confidential PIN assigned to them.
Our Responsibility:
Each User’s PIN will be sent directly to that User via secure email, along with the dedicated toll-free phone number, upon receipt
by BMO of this signed Wire Transfer Services Agreement and completed Set-up Forms.
Address changes Change of the designated contact New authorized account numbers
New or deleted users New telephone number for Users Add/delete/change repetitive
(initiators or confirmers) instructions and code maintenance
A secure wire transfer service depends on the Customer’s careful management of wire information. Security procedures,
authorizations and repetitive instructions must be periodically reviewed and kept current. Please carefully consider and maintain
your wire transfer environment.
Set-up Form Definitions and Information
Account Information
This form may be used in conjunction with wire transfers initiated through the BMO Wire Room only. Any wire
transfer initiated through a BMO branch may only be initiated by Authorized Signers on the Account. Please indicate
the Accounts from which the Customer authorizes wire transfers to be initiated through the BMO Wire Room.
Definitions
• Confirmation: The process of confirming the authenticity of the wire transfer request after the request has been made.
• Domestic: USD payments where the beneficiary’s bank is in the United States
20.17.F2 Page 5 of 9 07/11/2024
Classification: Confidential
Wire Transfer Services Agreement
Designated Contact:
For confirmation of certain wire activity, you must designate a contact person (the “Designated Contact”). If a Non-Personal
Account, we suggest you select the highest-level individual within your organization who would be knowledgeable about wire
transfer activity. BMO will use this individual as the contact for confirmation of the following wire transfer activity: (i) an update
to a wire transfer profile; (ii) a change in authorization limits; (iii) issuance of a new PIN to a User; and (iv) issuance of a
replacement PIN to a User. BMO will assume that materials and information conveyed to the Designated Contact will be
reviewed promptly and handled in a secure manner, and that the appropriate action will be taken (as required). By providing
an email address, you acknowledge and agree that BMO may provide written communications to the Designated Contact in
electronic form. We may treat your failure to provide us with a valid email address, or the malfunction of a previously vali d
email address, as a withdrawal of your consent for BMO to deliver electronic communications to the Designated Contact, at our
discretion. BMO recommends that a unique, private, and secure email address be provided for these electronic communications.
You assume all risk for providing an email address that is not a unique, private, and secure email address of the intended
Designated Contact.
reliance on those instructions, whether or not the Payment Orders were authorized. Customer further agrees to
indemnify BMO for any loss that BMO may incur directly or indirectly from acting on instructions issued in Customer’s
name, whether or not authorized, and accepted by BMO in good faith in compliance with the Security Procedures as
amended by this Waiver.
• This Waiver shall apply to each of Customer’s Accounts included for wire transfer Services as established in the Set-Up
Forms or included by Customer in any Payment Order. Any capitalized terms not defined in this Waiver shall have the
meaning as set forth in the Agreement.
Designated Contact
Michael Sharkawi
First and last name: __________________________________________________ 9286128198
Telephone: _________________________
220 Devon Mill Ct Johns Creek , 30005 GA
Full address (P.O. Boxes not permitted): _____________________________________________________________________
michaelmahrous63@gmail.com
Email Address: ___________________________________________________________________________________________
Authorized Callers:
To designate each User’s authority, select the appropriate check boxes and text boxes below. If no selection is made, the User
will have no restrictions added as their authority.
User first and Email Address Authority
Telephone Number(s) up to 4
Last Name (must be unique)
✔ No Restrictions
Michael Sharkawi 9286128198
1:___________________________
Domestic Initiation
2:__________________________ International Initiation
3:___________________________ Domestic Confirmation
International Confirmation
4:___________________________
Repetitive Max $_______________
Non-Repetitive Max $___________
No Restrictions
1:___________________________
Domestic Initiation
2:__________________________ International Initiation
3:___________________________ Domestic Confirmation
International Confirmation
4:___________________________
Repetitive Max $_______________
Non-Repetitive Max $___________
No Restrictions
1:___________________________
Domestic Initiation
2:__________________________ International Initiation
3:___________________________ Domestic Confirmation
International Confirmation
4:___________________________
Repetitive Max $_______________
Non-Repetitive Max $___________
No Restrictions
1:___________________________
Domestic Initiation
2:__________________________ International Initiation
3:___________________________ Domestic Confirmation
International Confirmation
4:___________________________
Repetitive Max $_______________
Non-Repetitive Max $___________
City/Country:_______________________________________________________________________________________________
Account Number/IBAN________________________________________________________________________________________
City/Country:________________________________________________________________________________________________
Information to Bank:_________________________________________________________________________________________
This Agreement is agreed to as of date executed below by BMO Bank N.A. and is effective on the date set forth below.
Michael Sharkawi
____________________________________________________________________________________________________
Customer Name/Entity Name (print or type)
By: _________________________________________________________________________________________________
(Signature)
Name: ______________________________________________________________________________________________
(For Non-Personal Accounts, print or type the name of the Authorized Signer and their official title)
Bank Use Only (Do Not Type or Write below this line):