Beruflich Dokumente
Kultur Dokumente
This Investment Agreement becomes legally effective as of 08 August 2020 or becomes null and
void automatically if Receiver's all missing Codes and Permits listed in Article III are not submitted
for verification and approval by Sender, which is entered into by and between the following
Parties:
PARTY-A / SENDER:
SENDER NAME DR FRANCO M G DERIN / JUDGE ID OFFICER DR FRANCO M.G. DERIN & HIS
ASSIGNS
OPERATIVE ADDRESS GREAT BEAUTIFUL TOWER, NO 77 CONNAUGHT ROAD, CENTRAL HK, SAR
CHINA PRC
REG.ID NUMBER UTRCN-88008840000573
REPRESENTED BY FRANCO MARIO GIUSEPPE DERIN
PASSPORT NUMBER YB2710636
ISSUE/EXPIRY DATE 16/01/2019; 15/01/2029
ISSUED COUNTRY ITALY
BANK OFFICER JAMES VON MOLTKE
BANK OFFICER TITLE CHIEF FINANCIAL OFFICER
BANK NAME DEUTSCHE BANK AG
BANK ADDRESS TAUNUSANLAGE 12, 60325 FRANKFURT, GERMANY
SWIFT CODE DEUTDEFF
IDENTITY CODE 27 CDBF RDE 17BEH
DR FRANCO M G DERIN/ JUDGE ID OFFICER DR FRANCO MARIO GIUSEPPE
ACCOUNT NAME
DERIN & HIS ASSIGNS
FURTHER CREDIT TO KER VENTURES
ACCOUNT NUMBER DE820501200000071555
SORT CODE 678 691 681
IDENTITY CODE:
CLIENT NO.:
RECEIVER SERVER ID:
HOST ID
SERVER IP
COMMON SERVER IP
FARM
UNIQUETRANSACTION
CODE
IPIP CODE (2) & WTS
USER ID
SERVER IP:
LOG IN
IMAD NO:
CLEARING HOUSE NO:
COMMON ACCOUNT NO
SERVER ACCOUNT NO
CURRENCY:
WHEREAS, individually known as First Party/or Sender and Second Party/or Receiver and jointly
known as Parties.
WHEREAS, Sender is holding an account at Deutsche Bank AG - Frankfurt with cash funds to be
transferred to
Second Party’s designated Account via SWIFT MT103 WIRE TRANSFER aiming at
investments. WHEREAS, Receiver is ready, willing and able to receive said cash funds into its
designated Account via SWIFT MT103 WIRE TRANSFER and to execute the distribution and
transfer of said received funds to designated parties and bank accounts via SWIFT MT103
WIRE TRANSFER, in accordance to the terms and conditions in this Agreement;
WHEREAS, Receiver has further made arrangements with a third party (hereinafter referred to
as Facilitator), to facilitate the execution of the said delivery of cash funds for investments and
Receiver and Facilitator shall authorize and instruct their designated Trustee to receive said funds
and proceed on the agreed distribution and transfer of cash funds, in accordance with the terms
and conditions in this Agreement;
By signing this Agreement, Sender represents and warrants that it is giving to Receiver and its
designated parties, full legal authority to receive said cash funds via SWIFT MT103 WIRE
TRANSFER and distribute and transfer cash funds via SWIFT Message MT103, as per agreed
terms and conditions in this Agreement.
1) The Sender submits sign and seal this SWIFT MT103 WIRE TRANSFER CASH TRANFER
for Investment Agreement, Full Banking detail, a clear large color Passport Copy and
Company Registration. After
Sender Initial Page 3 of 17 Receiver Initial
AGREEMENT №: DER-CH/10T/08082020
Transaction code: DER-CH/10T/29072020 DATE: 08.08.20
successful due diligence, the Receiver sign & seal this CASH transfer Agreement, providing
Receiver’s full banking coordinates and return to the Sender within three (3) Banking days
which thereby automatically becomes a full commercial recourse contract.
2) The Receiver’s bank officer sign and seal a Confirmation Letter on the letterhead of the Bank
confirming readiness, ability and willingness of himself and his bank to carry out SWIFT
MT103 WIRE TRANSFER transaction of in according to the stipulations of the Agreement
No. DER- CH/10T/08082020, concluded between the Party-A and Party-B of this Agreement.
The Receiver send scan of this wet signed and seal document to the Sender by secure e-
mail.
3) The Receiver is obligated to provide the Sender with necessary details (Account, Beneficiary
banking information, ID Codes, etc.) for the upload the funds via MT103 to the Receiving
bank common account for direct credit by the Sender’s bank officer.
4) Upon the Sender’s bank officer make the transfer of the funds to the receiving bank common
account and on success, will provide to the Receiver a secure copy of the server transfer slip
SWIFT with the details of the transfer (Account, Beneficiary, Amount, ID Code, Transaction
Code, etc.) .At the same time, these documents shall be copied to the email of the Receiver’s
bank officer, the Receiver& the Sender.
5) Further the Receiver provides the Sender, Bank Endorse Payment Guarantee Letter (PGL)
for further payments (Re-Distribution / Re-Investment) according to Investment Agreements
(copies attached) signed by both parties the Receiver, project participants and acts as integral
part of the Agreement.
6) The Receiver’s bank officer is responsible within three (3) banking days to Re-distribute for
Re-invest purposes the funds via SWIFT MT103 WIRE TRANSFER, fees paid by the
Receiver according to the Sender’s written order on Investment Agreements (copies
attached).
7) All other tranches will be made by the Sender, Received and Re-distributed /Re-invested by
the Receiver under the up-mentioned procedure.
8) The Receiver confirms under penalty of perjury, with full corporate and individual
responsibility, hereby irrevocably, that the cash funds payment from the Receiver to the
Sender’s beneficiary and intermediaries are clean, clear funds, free of any levy, liens or
encumbrances and of non-criminal origin.
NON-SOLICITATION
Receiver hereby confirms and declares that Sender, its associates or representatives or any
person or persons on its behalf has/have never been solicited by any party, its shareholders or
associates or representatives in any way whatsoever that can be construed as a solicitation for
this transaction or for future transactions.
Any delay in or failure of performance by either party of their respective obligations under this
agreement shall constitute a breach hereunder and will give rise to claims for damages if, and to
the extent that such delays or failures in performance are not caused by events or circumstance
beyond the control of such party. The term “Beyond the Control of Such Party” includes Act of
War, Rebellion, Fire, and Flood, Earthquake or other natural disasters. Any other cause not within
the control of such party or which is by exercise of reasonable diligence, the party will be unable
to foresee or prevent or remedy.
Organization:
It is duly organized, validly existing and in good standing under the laws of its jurisdiction of
formation with all requisite power and authority to enter into this Agreement, to perform its
obligations hereunder and to conduct the business of the Program and the Subsidiaries. This
Agreement constitutes the legal, valid and binding obligation of such party enforceable in
accordance with its terms.
Consents and Authority:
No consents or approvals are required from any governmental authority or other Person for it to
enter into this Agreement. All action on the part of such party necessary for the authorization,
execution and delivery of this Agreement and the consummation of the transactions contemplated
hereby by such party, have been duly taken.
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.
Receiver:
It has been afforded the opportunity to seek and rely upon the advice of its own attorney,
accountant or other professional advisor in connection with the execution of this Agreement. The
Parties shall do so in respect of each other and under this Agreement written conditions.
Miscellaneous Notice(s):
Any modifications, amendments, addendums or follow on contracts will be executed by the two
authorized signatories respectively. When signed and referenced to this Agreement, whether
received by mail or facsimile transmission as all and any facsimile or photocopies certified as true
copies of the originals by the Parties hereto shall be considered as an original, both legally binding
and enforceable for the term of this Agreement.
Specific Performance; Other Rights:
The Parties recognize that several of the rights granted under this Agreement are unique and,
accordingly, the Parties shall, in addition to such other remedies as may be available to them at
law or in equity, have the right to enforce their rights under this Agreement by actions for injunctive
relief and specific performance.
Severability:
If any provision of this Agreement shall be held or deemed by a final order of a competent authority
to be invalid, inoperative or unenforceable, such circumstances shall not have the effect of
rendering any other provision or provisions herein contained invalid, inoperative or unenforceable,
this Agreement shall be construed as if such invalid, inoperative or unenforceable provision had
never been contained herein so as to give full force and effect to the remaining such terms and
provisions.
Counterparts:
This Agreement may be executed in one or more counterparts, all of which shall be considered
one and the same agreement and shall become effective when one or more such counterparts
have been signed by each of the Parties and delivered to each of the Parties. This Agreement
shall be governed by and construed in accordance with the laws of the UK. The Parties hereto
hereby irrevocably and unconditionally waive trial by jury in any legal action or proceeding relating
to this Agreement and any counterclaim therein.
Arbitration:
All disputes and questions whatsoever which arises between the parties to this agreement and
touching on this agreement 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
arbitration in accordance with the arbitration laws of the ICC. This agreement 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, or modify this agreement, except by an instrument in writing signed by both parties. This
agreement will be governed by and construed in accordance with the laws of the United Kingdom.
In the event that either party shall be required to bring any legal actions against the other in order
to enforce any of the terms of this agreement, the prevailing party shall be entitled to recover
reasonable attorney fees and costs.
Every attempt shall be made to resolve disputes arising from unintended or inadvertent violation
of this contractual agreement as far as possible amicably. In the event that adjudication is required
local legal process shall be preceded with according to the principal of the ICC as above indicated.
Where judicial resolution is not thereby achieved, this matter shall be settled by the ICC itself and
the decision of which the Parties shall consider to be final and binding. No State court of any
nation shall have subject matter jurisdiction over matters arising under this Agreement.
No Rights of Third Parties:
I. This Agreement is made solely and specifically between and for the benefit of parties
hereto and their respective members, successors and assigns subject to the express
provisions hereof relating to successors and assigns, and
II. No other Person whatsoever shall have any rights, interest, or claims here-under or be
entitled to any benefits under or on account of this Agreement as a third-party beneficiary
or otherwise.
Survival:
Sender Initial Page 6 of 17 Receiver Initial
AGREEMENT №: DER-CH/10T/08082020
Transaction code: DER-CH/10T/29072020 DATE: 08.08.20
The covenants contained in this Agreement which, by their terms, require performance after the
expiration or termination of this Agreement shall be enforceable notwithstanding the expiration or
other termination of this Agreement.
Currency:
Any exchange of funds between Sender and Receiver shall be made in the same currency in which
Sender transferred the investment fund (Article III; Section 3.0.5.; (b)). In addition, all calculations
pursuant to this Agreement and any joint venture agreement shall be based on ICC regulations.
IN WITNESS WHEREOF, the Parties have hereto executed this Agreement, on 08 August 2020:
COMPANY NAME JUDGE ID OFFICER DR FRANCO MARIO GIUSEPPE DERIN & HIS
ASSIGNS
REPRESENTED BY DR. FRANCO M.G. DERIN
PASSPORT NUMBER YB2710636
DATE OF ISSUE 16/01/2019
DATE OF EXPIRY 15/01/2029
COUNTRY OF ISSUE ITALY
WITHIN FIVE (5) BANKING DAYS AFTER PARTY A’S BANK RECEIPT, AUTHENTICATION,AND
CREDIT OF THE IP CASH TRANSFER, TO TRANSFER OR CAUSE TO BE PROVIDED THE PARTY A
PAYMENT EQUAL TO 50% (FIFTY PERCENT) OF THE FACE VALUE OF EACH IP TRANSFER
TRANCHE.
FURTHER, THE SAID FUNDS COMPRISING ANY OF THE PAYMENTS, IN EACH CASE, SHALL BE
PAID IN GOOD, CLEAN, CLEAR AND UNENCUMBERED EURO AND DELIVERED, VIA WIRE
TRANSFER, SEPA TRANSFER OR SWIFT MT103 WIRE TRANSFER TO THE DESIGNATED BANK
ACCOUNT COORDINATES SET FORTH BELOW.
WE HEREBY DECLARE THAT WE ARE FULLY AWARE THAT THE INFORMATION RECEIVED FROM
YOU IS IN DIRECT RESPONSE TO OUR 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 YOUR CHOICE AND FREE
WILL, AND FURTHER THAT YOU HAVE NOT SOLICITED US IN ANY WAY. INTERMEDIARIES ARE NOT
ADVISORS OF ANY KIND.
BENEFICIARY NAME
Sender Initial Page 16 of 17 Receiver Initial
AGREEMENT №: DER-CH/10T/08082020
Transaction code: DER-CH/10T/29072020 DATE: 08.08.20
BENEFICIARY ADDRESS
BANK ADDRESS
BANK NAME
ACCOUNT NUMBER
BIC/SWIFT CODE
ACCOUNT NAME
ACCOUNT SIGNATORY
ABA/ROUTING #
REQUIRED MESSAGE INTO
THE
CASH WIRE
ON RECEIVER LETTERHEAD
---------------------------------------------------------------------------------
TO DR FRANCO M G DERIN
DATE: 8/8/2020
DEAR SIR, WITH THE PRESENT DECLARATION TO ATTEST AND CONFIRM MY RECEIVING BANK
HAVE EFFECTIVELY LOCATED YOUR CASH FUNDS TRANSFERRED THROUGH SWIFT BANKING
SYSTEM SOFTWARE CIRCUIT, AND IS READY WILLING AND ABLE TO COMPLETE THE INCOMING
CASH FUNDS INTO FINAL MY ACCOUNT DESTINATION THROUGH APPROVED MANUAL
INTERVENTION BY SWIFT BANKING SYSTEM TO DOWNLOAD SUCH RECEIVED LOCATED CASH
FUNDS, WITHIN MAXIMUM TWO BANKING DAYS SINCE PROVIDED DISCLOSED FULLY BANKING
SWIFT SECURITY PASSWORD CODES, AND THEN CONSEQUENTLY DISTRIBUTE THE ON LEDGER
CASH FUNDS AS PER CONTRACT TERMS AND SHARE CONDITIONS, TO ACTIVATE ALL CASH
LIQUIDITY FUNDINGS ON TIME, WITHIN MAXIMUM FIVE BANKING DAYS.