New Zealand Jurisdiction Schedule 1
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GLOBAL CLIENT ACCOUNT AGREEMENT JURISDICTION SCHEDULES NEW ZEALAND JURISDICTION SCHEDULE 1. The additional terms and conditions in this Jurisdiction Schedule apply and are incorporated into and form part of the Agreement in respect of Accounts maintained in New Zealand. These additional terms and conditions govern in the event of any discrepancy between them and any other terms of the Agreement. 2. For the purpose of Accounts maintained in New Zealand, these are held with ASB Bank Limited and all references to "we", "us" and "our" in relation to such Accounts and in the Agreement are references to ASB Bank Limited, P.O.Box 35, Auckland, New Zealand. If the Agreement is entered into by Bank of America Corporation or any of its subsidiary banks, it does so on behalf of ASB Bank Limited so far as the Agreement relates to Accounts maintained in New Zealand. Bank of America has no rights against or obligations to you with respect to an Account held with ASB Bank Limited. 3. Bank of America Corporation is not a Non-Bank Deposit Taker for the purposes of the Reserve Bank of New Zealand Act 1989 nor is it a registered bank for the purposes of that Act. 4. A new Clause 4.11 is inserted as follows: "If a dispute occurs between Account Signatories, directors, or other parties reasonably claiming an interest in an Account we may, at our sole discretion suspend operation of the Account until notification of any agreement has been received to our satisfaction. If we receive contradictory instructions from any persons we reasonably believe are authorised to operate an Account we may refuse to act on any or all such instructions." 5. A new Clause 8.7 is inserted as follows: "We may refuse to pay out on a cheque which has been incorrectly completed, or where there are insufficient funds in the Account. We may make a charge if this occurs." 6. A new Clause 9.6 will be inserted as follows "We may suspend operation of an Account or close it in the event that: (a) you are or become insolvent or unable to pay your indebtedness as it falls due in the normal course of business or proceedings are commenced or an order is made or any step is taken for your receivership, bankruptcy or dissolution; or (b) you fail to pay any amount due to us or default in your obligations under any other agreement with us; or (c) any third party claims any interest in (or any monies credited to) an Account of yours; or (d) there are insufficient funds to cover cheques or other payment instructions given by you; or (e) there is a change in control of you or any person controlling you, without our consent; or (f) any statement made by you in connection with your Account/s is not true; or (g) there is a legal requirement, or a court or other authority tells us, to do so; or (h) we reasonably believe or suspect that carrying out your instruction will give rise to a cause of action against us; or (i) any Authorised Signatory or beneficial owner does not meet our identification requirements at any time; or (j) we consider in our sole discretion that we have any other reasonable grounds to do so, and JS/GCAA/V4 00-35-6109NSBW 08-16-2019 VS Page 1 of 2 Bank of America – Confidential © 2019 Bank of America Corporation you agree to reimburse us for any expense we incur in connection with any of these matters." 7. A new Clause 13.10 is inserted as follows: "The provisions of the New Zealand Consumer Guarantees Act 1993 will not apply to services provided by us providing you are opening Accounts for the purposes of a business." 8. Your Account with ASB Bank in New Zealand is governed by the Agreement (exclusive of any amendments to which the Parties may agree regarding Accounts maintained in jurisdictions other than New Zealand) together with ASB Bank Limited's terms and conditions (link to www.asb.co.nz/documents/terms-and-conditions.html, as applicable to your Account(s) and as amended from time to time). In the event of an inconsistency between the provisions of the Agreement and the provisions of such terms and conditions, the provisions of such terms and conditions will prevail. JS/GCAA/V4 00-35-6109NSBW 08-16-2019 VS Page 2 of 2 Bank of America – Confidential © 2019 Bank of America Corporation .