Panama Title and Escrow Panama Title and Escrow
Panama Title and Escrow
Panama Title and Escrow
TERMS & CONDITIONS

I. PANAMA TITLE & ESCROW, INC. (PT&EINC), a Panamanian corporation, here forward denominated as THE ESCROW AGENT.

II. The person or legal entity requesting the services from THE ESCROW AGENT, is here forward denominated as THE CLIENT.

III. The signed agreement between THE ESCROW AGENT and THE CLIENT is the Escrow Contract (here forward denominated as the ESCROW CONTRACT).

1. (OBJECTIVE): THE CLIENT shall contract with THE ESCROW AGENT, to administrate THE CLIENT’S funds for a specified transaction.

2. (FUNDS RESPONSIBILITY): The funds will be provided by THE CLIENT, who assumes all the responsibilities associated with the origin of said funds.

3. (CLEARING OF FUNDS): THE ESCROW AGENT agrees to clear all valid and authentic bank drafts, checks, or other financial instruments belonging to THE CLIENT, through the financial accounts of THE ESCROW AGENT. Once said funds have cleared in the accounts of THE ESCROW AGENT, THE ESCROW AGENT agrees to follow the orders of THE CLIENT in transferring said funds as per THE CLIENT'S written instructions. Standard US Dollar check clearing through the accounts of THE ESCROW AGENT takes a total time period of twenty one (21) business days, or in some cases longer, depending on the banks discretion. Wiring funds to third parties on average, take four (4) business days or longer.

4. (DUE DILIGENCE): THE CLIENT is required to provide to ESCROW AGENT the following documentation:

  • Clear and legible photocopy of passport.
  • One (1) original bank reference letter, on bank letter head, dated no more than 6 months prior to the date of the present contract, signed by a representative of the bank, with complete bank contact information for verification purposes.
  • One (1) original deposit form, signed by THE CLIENT, providing the personal information of the client, and details of the deposit.

5. (FUNDS DESCRIPTION): The funds that will be provided by THE CLIENT will be the described on the ESCROW CONTRACT.

6. (FEES): THE CLIENT shall pay, in concept of escrow fees, for the funds administration and professional services provided, and further stipulated in the present contract, to THE ESCROW AGENT, THE ESCROW AGENT fees detailed as per the ESCROW CONTRACT. In addition to the Escrow fees, THE CLIENT is obliged to pay THE ESCROW AGENT for any other associated bank fees, transfer fees, legal fees or miscellaneous fees, associated with the transactions instructed by THE CLIENT.

7. (DURATION): The duration of the ESCROW CONTRACT shall be for the term of the transaction. In the case of termination of the ESCROW CONTRACT anticipated by part of THE CLIENT, THE CLIENT shall pay the totality of the value of fees described therein. THE ESCROW AGENT may, at any time, cancel the ESCROW CONTRACT, without any responsibility to THE CLIENT.

8. (ANTICIPATED TERMINATION): THE ESCROW AGENT may terminate the ESCROW CONTRACT, in an anticipated form and without any responsibility to THE CLIENT, for any of the following reasons:

  • Deceit or fraud on the part of THE CLIENT.
  • Bankruptcy or illicit acts on behalf of THE CLIENT.
  • Non payment of fees on behalf of THE CLIENT.
  • Violation or incompliance of any of the clauses of the contract on behalf of THE CLIENT.

In the event of anticipated termination of the ESCROW CONTRACT, all funds cleared and received into the accounts of THE ESCROW AGENT, shall be returned back to THE CLIENT, within 30 business days, deducting all THE ESCROW AGENTS fees, banking fees, and other costs associated with the clearing and transferring of funds, whether by bank wire transfer, check, or other means agreed upon in writing.

9. (INDEMNIZATION): THE CLIENT is committed to indemnify THE ESCROW AGENT, its partners, associates, directors, officers, agents, affiliates, subsidiaries, representatives, employees, attorneys-in-fact, etc.., without any reserve whatsoever from every responsibility of any kind whatsoever, from any and all actions, proceedings, judicial and extra-judicial claims and complaints, whether for any losses and /or damages to property, loss of earnings, loss caused by errors, consequential damages, prejudice, damages for loss of profit, physical damages, moral damages, incapacitation and /or injuries that have been endured by THE CLIENT, before, throughout or after, as a direct or indirect result of, the services provided or ordered to be provided by THE ESCROW AGENT based upon any business relationship established contractually or extra-contractually with THE CLIENT personally and /or entities and /or interests that THE CLIENT may have and /or represent, anywhere in the world. Likewise, THE CLIENT shall discharge and relieve THE ESCROW AGENT without any reserve whatsoever, for the results and /or effects of the acts, businesses, affairs, operations and other facts and acts that THE ESCROW AGENT may perform or order to be performed or make based upon orders, acts, mandates, etc., instructed or performed by THE CLIENT, as well as by any other natural and /or juridical person whatsoever related to THE CLIENT, whether through authorized persons or a third party. Neither is THE ESCROW AGENT liable for the civil, penal, fiscal and any other type or kind of actions that might be performed against THE CLIENT and /or any natural and /or juridical person related to THE CLIENT individuals or private and /or public institutions for acts performed by THE CLIENT (whether through the authorized persons or through third parties) in the course of the business. Therefore, no damages, prejudice and /or liability, whatsoever, in connection with THE CLIENT shall be ascribable to THE ESCROW AGENT and other persons related thereto.

10. (CONFIDENTIALITY): Both parts, including THE ESCROW AGENT, and THE CLIENT, are obliged to maintain strict confidentiality over all documents and information throughout a period of three (3) years after the termination of the present contract.

11. (CLAIMS FROM THE EMITTER OF THE FUNDS): In case of any claim from the emitter of the checks or funds, provided from THE CLIENT to THE ESCROW AGENT, THE CLIENT will assume all the responsibility associated with such claims.

12. (CLIENTS DECLARATION): By these means, THE CLIENT declares that the funds, provided to THE ESCROW AGENT, are originated from legal personal or commercial activities.

13. (APLICABLE LEGISLATION): Both parties, including THE ESCROW AGENT, and THE CLIENT, accept that any dispute over the present contract shall be resolved before the courts of the Republic of Panama, with the application of Panamanian legislation.

 

 
 
© Copyright 2000 - 2016 Panama Title & Escrow, Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or any computer network, or transmitted, in any form or by any means, electronic, mechanical, electro-optical or otherwise without the prior written permission of the copyright holder for which written application should be made.