Gpi Automatic Cashtransfer Mircea - Javier
Gpi Automatic Cashtransfer Mircea - Javier
Gpi Automatic Cashtransfer Mircea - Javier
PARTY A -SENDER 1
PARTNERSHIP AGREEMENT ON THE DELIVERY VIA
Tel & Fax : +49 721 13080, +49 69 910-00 / +49 69 910-34 225
AND
PARTY A -SENDER 2
PARTNERSHIP AGREEMENT ON THE DELIVERY VIA
Company Reg. Address : CALLE JUAN BRAVO, NUM. 3, BLOQUE A 28006, MADRID
PARTY A -SENDER 3
PARTNERSHIP AGREEMENT ON THE DELIVERY VIA
E-Mail : [email protected]
Now therefore INVESTOR and DEVELOPER are collectively referred to as the “PARTIES” RECITAL,
PARTY-A is ready, willing and able to a fund a series of projects in Government, Public and Private sector in
Asian Countries in the form Cash funds via Party B.
PARTY-B is a well-established Company in IMMERSION GROUP GmbH and is exploring to branch out to
other business opportunities in Asian countries in both Public and private sector. PARTY B has already a
very mature client base in Asia, Europe, and Middle Eastern countries. Grow Latin America.
NOW, THEREFORE, it is agreed as follows:
WHEREAS,
PARTY-A represents and warrants that he has the resource to arrange through his banks to issue Cash funds
via swift MT 103 GPI. Party A hereby declares with full responsibility that the provided funds are good,
clean, clear and free of any criminal origin, and cleared of all liens, encumbrances.
PARTY-B desires to obtain such funds, to invest into trading platforms and or expand to other respective
lucrative Business opportunities for the mutual benefits of both the parties.
PARTY A -SENDER 4
PARTNERSHIP AGREEMENT ON THE DELIVERY VIA
1. DETAILS OF TRANSACTION:
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PARTNERSHIP AGREEMENT ON THE DELIVERY VIA
Payment :
SWIFT MT103 THREE BANKING DAYS, One Banking Day after Authentication
and verification
2. PROCEDURE:
2.1. Party-A & Party-B both sign & execute the Joint Venture Investment Agreement. This Investment
Agreement, which thereby automatically becomes a full commercial recourse contract.
2.2. Within three (3) banking days, the Party-B’s bank officer delivers “Unconditional Bank Endorse
Corporate Payment Guarantee Letter” (PGL) for each tranche separately to the Party-A’s Paymaster Bank
officer via email.
2.3. After accepting and successful verification and authentication of “Unconditional Bank Endorse
Corporate Payment Guarantee Letter” by the Party-A, within Two (2) banking days, Party-A delivers the
first tranche of funds via GPI SWIFT MT103 Automatic cash transfer and the Party-A sends below
documents to the Party-B’s.
2.4. The Party-B's bank complete and is fully responsible for blocking funds at the Party-B's account for
full redistribution for re-investment purposes via SWIFT MT103(T/T) full payment within three (3)
banking days after transfer the funds of cash, according to the conditions of the Agreement.
2.5. Within three (3) banking days the Party-B’s bank remits re-investment to the Party-A's and
Intermediaries nominated bank accounts on IMPDA and based on “Bank Endorse Corporate Payment
Guarantee Letter” issued by the Party-B’s bank. upon completion of the distribution of funds through
the bank wire transfers to the respective receiving beneficiary accounts stated in IMDPA, the Party-B
shall then send the transfer proof (copy SWIFT) via email to all beneficiaries.
2.6. Next tranche shall be repeated from article No.2.2 to No.2.5. All subsequent tranches will be based
on this procedure until collateral or funds become exhausted.
3. DECLARATION
PARTY-A's
PARTY A -SENDER 6
PARTNERSHIP AGREEMENT ON THE DELIVERY VIA
Statement:
PARTY-A represents and warrants that PARTY A is the legal owner of the cash funds, which are clean, clear
funds of non-criminal origin, levy-paid and legally earned AND ARE FREE OF ANY LIEN AND
ENCUMBRANCES.
By execution of this MOU, PARTY-A represents and warrants that PARTY-A is giving to PARTY-B full legal
authority to receive cash funds for investment in Party B ‘s projects at its own will and wish.
PARTY-A hereby agrees and confirms that the “ANNEXURE A” executed along with this DOA is an integral
and indivisible part of this DOA which cannot be amended or changed once executed by both parties. Yet
any Executives in the Annexure B has full rights to amend or delegate their shares of the investment funds
to another party or parties by written instruction to PARTY B and duly notarized.
PARTY-B's Statement:
PARTY-B will make pre-arrangements at its Fiduciary Bank and the necessary filings with the Local
Authorities concerned to satisfy all compliance and regulatory requirements to ensure the success of this
transaction. PARTY-B makes arrangements to meet all tax obligations in relation with this transaction
before disbursement of Dividend.
PARTY-B hereby agree and confirm that the “ANNEXURE A” executed along with this DOA is an integral and
indivisible part of this Investment Agreement which cannot be amended or changed once executed by both
parties. Yet the Executives in the ANNEXURE A have full rights to amend or delegate the investment funds
to another party or parties in writing and duly notarized.
All investment remittance by PARTY-B's Paymaster Bank will be M0 cash funds with no lien and
encumbrances, ready for investments and reinvestments.
4. MISCELLANEOUS:
4.1. The implementation of this Agreement shall be carried out by persons who have full authorization.
4.2. This Agreement shall be binding to the benefit of each party’s respective Successors and permitted
Assigns. No other person shall acquire or have any right under or by virtue of this partnership
agreement 4.3. This Agreement shall NOT be subjected to any changes, either orally or modified,
amended, or supplemented without an expressed written agreement executed by the other party
hereto.
4.4. This Agreement has been prepared in 2 (two) copies, based on the mutual consent of the Parties, one
of which will be kept by the SENDER, the other one by the RECEIVER. Each of which shall be
deemed as original.
4.5. If one part of the Agreement becomes void, the remaining part of the Agreement is still valid.
4.6. If one of the Parties changes its legal address and bank details, the other Party should be immediately
informed about.
4.7. The information and notices to be submitted by the Parties should be in writing.
4.8. Any annexes and addendums that may follow will be considered as integrated and binding parts of
this DOA as long as it will bear the same above coordinates of this transaction.
4.9. HOLD HARMLESS PROVISION: Upon counter-signing this Agreement, all the consultants and or
intermediaries shall have no liability whatsoever towards the Parties, neither the authorities, nor the
governmental bodies, on account of default under this Agreement by the Parties. No person except
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PARTNERSHIP AGREEMENT ON THE DELIVERY VIA
the Parties shall be liable under any theory of Agreement, strict liability, negligence, misrepresentation
or other legal equitable theory for any loss of damage of any nature incurred by the Parties and their
consultants or intermediaries in the performance of the Agreement between the Parties. Consultants
or Intermediaries shall not be liable to Party, either individually or collectively for any special,
incidental or consequential (indirect) or contingent damages such as but not limited to violation of
local or International Rules and regulations as well as loss of profit, loss of opportunity, loss of
business, etc. wherever applicable.
5. DOCUMENTATION AND FILINGS
Both parties agree that details of the investment projects will be documented by separate agreements and
filed individually with local authorities as legally required.
6. ENFORCEABILITY
This AGREEMENT constitutes the legal, valid and binding obligation of such party enforceable in accordance
with its terms.
7. NO CONFLICT
The execution and delivery of this Agreement by it and the consummation of the transactions contemplated
hereby by it do not conflict with or contravene the provisions of its organizational documents or any
agreement or instrument by which it or its properties or assets are bound or any law, rule, regulation, order
or decree to which it or its properties or assets are subject.
8. ASSIGNMENT
Neither PARTY A nor PARTY B can assign this Agreement to any other third party. This Agreement is strictly a binding
contract between the two PARTIES.
9. AMENDMENT
This AGREEMENT cannot be amended, altered or modified except upon the unanimous and notarized
written consent of both PARTY A and PARTY B. Yet neither PARTY A and PARTY B is empowered to amend
or modify ANNEX B which is IRREVOCABLE, or would they be allowed to cancel, make any amendments or
modify this Agreement in part or in whole, which will result in changes that will affect or alter the rights
and/or interests of the beneficiaries stipulated in ANNEX B of this Agreement.
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PARTNERSHIP AGREEMENT ON THE DELIVERY VIA
caused by an act of God, Civil Insurrections, Military War Operation or local Emergency. The Parties hereby
accept the Provisions on the “FORCE MAJEURE” as defined by ICC, Publications.
12. ARBITRATION
The Parties agree to settle any dispute arising between them in an amicable manner. In the event of failure
to an amicable settlement, the Parties agree to submit any irreconcilable to the ICC office in Geneva,
Switzerland, by three arbitrators appointed in accordance with ICC rules.
13. AGREEMENT EXECUTION
Each party to this Agreement represents that it has Full Legal Authority to execute this Agreement and that
each party agrees to be bound by the Terms and Conditions set forth herein. Each party agrees that this
Agreement shall be executed simultaneously by and between Parties via Email which shall be deemed as
Original. All statements made by either party are under penalty of perjury. This Agreement shall become
effective upon execution by the Parties hereto.
Annex B will be documented by separate riders. The terms and conditions of this agreement will apply to
the transaction contemplated in such annexes. These annexes will constitute an inseparable part of this
Investment Agreement and will remain legally binding on both parties once executed.
Either Party may request a hard copy of any document that has been previously transmitted by electronic
means provided, however, that any such request shall in no manner delay the Parties from performing their
respective obligations and duties under EDT instruments.
IN WITNESS WHEREOF, the Parties have hereto executed this Agreement, on 24.06.2022
ON BEHALF OF PARTY-A (INVESTOR / SENDER): SIMS GBR MIRCEA PAKAY
PARTY A -SENDER 9
PARTNERSHIP AGREEMENT ON THE DELIVERY VIA
_________________
TITLE: DIRECTOR
PASSPORT: C8RZ2XFLH
NATIONALITY: GERMANY
ISSUING DATE: 03.07.2014
EXPIRY DATE: 03.07.2024
ON BEHALF OF PARTY-B (DEVELOPER / RECEIVER): TRAD GLOBE ENTERPRISE S.L & ASSOCIATES
Authorized Signature
Name: JAVIER FERNANDEZ DEL PINO
Passport No.: PAA608762
Issued Country: SPAIN
Issued Date: 22/04/2015
Expiry Date: 22/04/ 2025
PARTY A -SENDER 10
PARTNERSHIP AGREEMENT ON THE DELIVERY VIA
PARTY A 11
PARTY B
PARTNERSHIP AGREEMENT ON THE DELIVERY VIA
-SENDER
PARTY A -SENDER 12
PARTY B
PARTNERSHIP AGREEMENT ON THE DELIVERY VIA
PARTY A -SENDER 13
PARTY B
PARTNERSHIP AGREEMENT ON THE DELIVERY VIA
PARTY A -SENDER 14
PARTY B
PARTNERSHIP AGREEMENT ON THE DELIVERY VIA
The GPI SWIFT MT-103 AUTOMATIC CASH TRANSFER Receiver irrevocably agrees to pay a total fee of Sixty Percent
(60%) of the face value of Cash Transfer to the Investor / Sender and Both the Cash Transfer Investor / Sender and
The Cash Transfer Developer / Receiver agreed that The sender’s agents and The Receiver's agents are entitled to
share Fifteen percent (15%) of the Total Face Value of SWIFT Cash Wire Transfer as intermediary commission fees.
I, the undersigned -Mr. Mr. JAVIER FERNANDEZ DEL PINO - Director of IMMERSION GROUP GmbH - IDEALES DE
COMERCIO INTERNACIONAL 21, SL (hereinafter referred to as the “Payer” of the present monetary resources) acting
with full legal and corporate responsibility, hereby irrevocably and unconditionally, without protest or notification,
without prejudice, recourse, or delay guarantee to pay the project funding sums entitled to each Project Developer’s
below nominated Master Paymasters accounts listed on this document, via SWIFT MT103 same day value , at the
time of each and every tranche of the transaction settlement with Investor, meaning simultaneously upon clearance
of funds and receipt of credit to our account. This IMDPA is our irrevocable pay order to the project developers, is
and shall remain an integrate part of the referenced contract between Receiver and Investor.
This IMDPA shall remain in effect until this transaction, including any renewals, extensions and additions are fully
completed.
ARBITRATION: All disputes and questions whatsoever which arises between the Investor, Receiver and/or
Beneficiaries/Project Developers to this Agreement and touching on this IMDPA on the construction or application
thereof or any account cost, liability to be made hereunder or as to any act or way relating to this Agreement, shall
be settled by the arbitration in accordance with the arbitration laws of the ICC.
This IMDPA contains the entire agreement and understanding concerning the subject matter hereof and supersedes
and replaces all prior negotiations and proposed agreements, written or oral. Neither of the Parties may alter, amend,
nor modify this IMDPA, except by an instrument in writing signed by both Parties and recipients of funds. This IMDPA
will be governed by and construed in accordance with the laws of United Kingdom. In the event that either Party
and/or Recipient(s) of funds shall be required to bring any legal actions against the Pay or in order to enforce any of
the terms of this IMDPA the prevailing party shall be entitled to recover reasonably attorney fees and costs. This
PARTY A -SENDER 15
PARTY B
PARTNERSHIP AGREEMENT ON THE DELIVERY VIA
IMDPA, if transmitted by facsimile or electronic mail, shall be considered an original, legally enforceable document.
Generally recognized International Standards of Non-Circumvention & Non-disclosure (NC/ND) are applicable for a
period of Five (5) Years from the date of this document or the last date of the contract, including any renewals,
extensions and additions that are fully completed/signed /sealed and we agree to respect those.
We hereby declare that we are fully aware that the information received from you is in direct response to our request
and is not in any way considered or intended to be a solicitation of funds of any sort, or any type of offering, and is
intended for our general knowledge only. We hereby affirm, under penalty of perjury, that we have requested
information from you and your organization by our choice and free will, and further that you have not solicited us in
any way. And, project developers and master paymasters are NOT Advisors of any Kind.
Parties to this IMDPA are independent contractors and all contemplated payments and/or disbursements hereunder
are divided interests. Nothing in this IMDPA construes or creates a partnership or employer/employee relationship
between or among the Pay or and recipient(s) of funds here to. All taxes, federal, State or other are the independent
responsibility of each of the recipient party hereto.
The above stated codes and any other identification codes shall remain the same and shall not be changed until this
transaction including any renewals, extensions and additions are fully completed and we agree to respect those.
THIS IRREVOCABLE PAY ORDER / IMDPA WILL COME INTO EFFECT WITHIN THREE (3) BANKING DAYS AFTER BOTH
PARTIES HAVE EXECUTED THE AGREEMENT AND ONLY AFTER THE INVESTOR’S BANK HAVE MADE THE RELATED
TRANSFER OF INVESTMENT FUNDS TO RECEIVER’S/PAYER’S BANK ACCOUNT. ALL SWIFT MT103 CASH WIRE
TRANSFERS TO BE MADE HEREUNDER WILL BE MADE IN EURO CURRENCY AND SHALL HAVE A SPECIAL MESSAGE
ATTACHED TO IT AND READ: “URGENT, THE SAME DAY VALUE AND CREDIT”, AS PER THE AGREED TERMS AND
CONDITIONS IN THIS AGREEMENT AND IMDPA, WHICH BANKING COORDINATES ARE AS FOLLOWS:
NB: The second party must issue the unconditional PGL and do their responsibility about this agreement within
72 hours after they received the documents of transaction.
PARTY A -SENDER 16
PARTY B