FBAR Legal Document

FBAR LEGAL DOCUMENT

This FBAR filing engagement agreement ("Agreement") is entered into on this day of , , by and between Client Name: , Client Address: ("Client"), and Agent Name: , Agent Address: ("Agent").

RECITALS

WHEREAS, Client maintains or has maintained one or more foreign financial accounts or signature authority over such accounts for the calendar year(s) for which filings are required; and

WHEREAS, federal law requires the reporting of foreign financial accounts by persons subject to the reporting threshold and Client desires to engage Agent to prepare and, if authorized, electronically file the Report of Foreign Bank and Financial Accounts (commonly known as FBAR or FinCEN Form 114) on Client's behalf; and

WHEREAS, Agent agrees to provide the services described in this Agreement under the terms and conditions set forth below.

NOW, THEREFORE

In consideration of the mutual covenants set forth herein, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following terms shall have the following meanings: "FBAR" or "Form 114" means the Report of Foreign Bank and Financial Accounts required by federal law; "Filing" means submission of Form 114 for the applicable calendar year(s); "Records" means all documents, account statements, identifiers, and other information relevant to Client's foreign accounts.

2. ENGAGEMENT; SCOPE OF SERVICES

Agent is hereby engaged to perform the following services on behalf of Client: (a) review Client-provided Records relevant to foreign financial accounts; (b) prepare FBAR Form(s) accurately reflecting Client's accounts for the reporting period(s) identified by Client; (c) prepare required attestations; and (d) if authorized in writing by Client, electronically file the FBAR on Client's behalf. Agent's services do not include the preparation of income tax returns, foreign tax returns, or representation before any governmental authority unless expressly agreed in a separate engagement.

3. CLIENT REPRESENTATIONS AND WARRANTIES

Client represents and warrants that: (a) Client is the person required to report the identified foreign accounts or otherwise has legal authority to direct the filing; (b) all information and Records provided to Agent are true, complete and accurate to the best of Client's knowledge; (c) Client will promptly notify Agent of any changes to account information prior to filing; and (d) Client will retain all original Records in accordance with applicable law.

4. CLIENT AUTHORIZATIONS

Client hereby authorizes Agent to: (a) prepare FBAR Form(s) based on Records provided by Client; (b) communicate with financial institutions, brokers, and other third parties to obtain Records reasonably necessary for preparation, subject to Client's prior written instruction; and (c) electronically file FBAR Form(s) on Client's behalf when Client executes the required authorization below. This authorization is limited to the purpose of preparing and filing the FBAR and does not constitute a general power of attorney.

Entity Type (select one):

5. FOREIGN ACCOUNT SCHEDULE

Client shall provide a complete schedule of foreign financial accounts for the applicable reporting period(s). Provide account number, financial institution name and address, maximum account value during the year (USD), type of account, and name(s) in which account is titled. If additional space is required, attach separate pages signed by Client.

6. FEES, PAYMENT AND EXPENSES

Client agrees to pay Agent's fees according to the following terms. Fees are due upon presentation of an invoice unless otherwise stated. Client is responsible for any out-of-pocket expenses reasonably incurred by Agent in performing services, including fees for third-party record retrieval and courier costs.

7. CONFIDENTIALITY; PRIVACY

Agent will treat Client information as confidential and will not disclose such information except as required by law or with Client's written consent. Client acknowledges that the electronic filing of FBAR requires transmission of certain personal and financial information to governmental authorities and consents to such disclosure for the limited purpose of filing.

8. INDEMNIFICATION; LIMITATION OF LIABILITY

Client shall indemnify and hold harmless Agent and its representatives from any liabilities, losses, penalties or costs (including reasonable attorneys' fees) arising out of Client's failure to provide accurate Records or to timely provide information necessary for filing. Agent's liability for any claim arising under this Agreement shall be limited to direct damages and shall not exceed fees paid by Client to Agent for the services under this Agreement. Agent shall not be liable for penalties imposed by governmental authorities where such penalties arise from Client's inaccurate or incomplete information.

9. CLIENT CERTIFICATIONS AND ACKNOWLEDGMENTS

By executing this Agreement, Client certifies under penalty of perjury that the information provided to Agent is true, correct and complete to the best of Client's knowledge and that Client understands that willful failure to file an FBAR, or filing a false FBAR, may result in civil and criminal penalties under applicable law. Client acknowledges that Agent has provided no guaranty regarding outcomes or absence of penalties.

10. RECORDS RETENTION

Client shall retain copies of all Records and any documents supporting the information reported on the FBAR for the period required by law. Agent may retain copies of prepared FBAR filings and correspondence for its customary retention period, subject to confidentiality obligations.

11. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below or to such other address as a party may designate by notice in accordance with this Section.

12. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the state selected by the parties without regard to principles of conflicts of law. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. AMENDMENTS; WAIVER; COUNTERPARTS

No amendment to this Agreement shall be effective unless in writing and signed by both parties. Failure to enforce any provision of this Agreement shall not constitute a waiver of that provision. This Agreement may be executed in counterparts, each of which shall be deemed an original, and facsimile or electronic signatures shall be binding for all purposes.

14. ATTACHMENTS

Any schedules, lists of accounts, powers of attorney, or other attachments referenced herein shall be incorporated by reference and form part of this Agreement when signed by Client and attached to the executed Agreement.

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