Danske Bank
A/S International House 3
Harbourmaster Place IFSC Dublin 1.
Republic of Ireland
Dear
Top of the day to you.
Thank you in anticipation of your Co-operation and understanding. I am
sorry for the late responses to you for over two weeks now as a result
of been out of town for official duties, I came back today. Here is
the AGREEMENT that needed to be sign and return immediately to proceed
on how you will receive this Inheritance funds without any hitch /
delay.
Please do call me immediately for more clarifications on: +35 389 475
4507, dial your telephone thus: +353894754507
Best Regards,
Mr. Jacob Aarup-Andersen.
From attached document:
AGREEMENT ENTERED BETWEEN THE PARTIES MENTIONED HEREIN BELOW, AT THE PLACE AND DATE MENTIONED HEREINAFTER:
Between: Mr. Jacob Aarup Anderson Residing in Ireland.
(Herein referred as the Assignor)
AND: residing in .
(Herein referred to as the Assignee)
WHERE AS; the parties wish to do a transaction together and regarding the transaction contemplated, the parties wish to conclude this Agreement:
THEREFORE, THE PARTIES AGREE AS FOLLOWS FOR THE CONSIDERATION MENTIONED HEREIN:
That Mr. Jacop Aarup Anderson acts as the coordinator for the purpose of this transaction.
The Assignor shall remit to the Assignee, in the course of the transaction contemplated by both parties hereto, a sum of EUR36.8m (Euros) to which will have been cleared of all withholding charges and fees from the country of origin, and other taxes applying to same (the Sum), Said Sum to be held in trust by the Assignee for and on behalf of the Assignor in the manner indicated herein below. Should any expenses be incurred for remitting the Sum to the Assignee, it is understood that the Assignor shall bear all these expenses. And should the Assignee pay part of these expenses as advances, the Assignee shall be reimbursed for same by the Assignor as mentioned in subparagraph 3 (a).
The Sum shall be remitted to the Assignee as follows. The Sum shall be paid to the order of the Assignee and deposited in a bank account indicated by the Assignee. From the Sum received, the Assignee shall deduct upon its receipt:
An amount representing a maximum of 8% of the Sum as a provision for corporate income taxes which, any expenses paid by the Assignee as advances and to be reimbursed by the Assignor (the Adjusted Sum)
An amount representing 2% of the Adjusted Sum to be set aside and kept to pay for any expenses incurred by both parties hereto in the course of the transaction contemplated; and
An amount representing 45% of the Adjusted Sum to be paid immediately to the Assignee upon receipt of the Sum, in consideration for services rendered by the Assignee to the Assignors in the course of the transaction contemplated, the Assignee being hereby authorized and entitled to deduct from the bank account indicated to the Assignors said amount which will then belong to the Assignee.
Being understood that the amount of money in the bank account of the Assignee (as indicated to the Assignors) after deduction from the Sum of all amounts mentioned in subparagraphs (a) to (c) herein (the Total Sum) shall be held in trust by the Assignee benefit of the Assignors.
4. As regards the expenses mentioned in subparagraphs 3(a) to (c) herein, it is understood that the Assignor
Will be entitled to claim reimbursement of expenses for 45% of the amount set aside as per subparagraph 3(c) and the Assignee, for the 45% of the said amount, both parties to produce invoices to support their claims. Should said amount set aside not be used entirely, the portion of said amount allocated to each party shall be remitted to each one of them as follows: (i) the portion due to the Assignee shall belong to him: and (ii) the portion due to the Assignor shall become part of the Total Sum.
It is understood that the Assignors wishes that the Assignee acts as an investment manager for the Assignors regarding the investment of the Total Sum. The parties hereby agree that upon the closing of the transaction, they will sign a separate agreement regarding the terms and conditions of the mandate to be granted to the Assignee as investments manager of the Total Sum for the Assignors.
It is understood that Assignee shall not in any way be held liable or responsible for any acts or omissions of the Assignors as for as far as the Sum is concerned. Furthermore, the Assignors shall hold free and harmless and shall indemnify the Assignee from any loss or claim directly or indirectly related to any acts or omissions of the Assignors regarding the Sum.
It is understood that the Assignors shall at all times be liable and remain responsible for any act done or any omission In relation to the transaction contemplated and the remittance of the Sum as provided for herein.
The Assignors shall furnish to the Assignee all documents for the transaction contemplated. If these documents were not to the satisfaction of the Assignee and that no agreement can be reached between the parties hereto regarding same, the Assignee shall then have the right to terminate this Agreement by sending a written notice to the Assignors to that effect.
Should the business relationship of the parties be terminated, the Total Sum, including all interests or dividends earned thereupon, shall be remitted by the Assignee to the Assignors, if the Total Sum has been invested to purchase movables and / or immoveable properties, the Assignee shall then transfer to the Assignor these properties upon the termination of the business relationship of the parties, at the Assignors costs.
This Agreement shall be governed by the laws of South Africa and the laws of the United States of America. Any amendment to this agreement shall be made in writing and executed by all parties hereto. Neither party can assign this Agreement and his rights therein without the written consent of the other party. This Agreement shall ensure to the benefit of the successors and heirs of both parties. This Agreement has a total of two pages.
IN WITNESSTH, THE PARTIES HAVE SIGNED AT THE PLACE AND DATE MENTIONED HEREINAFTER.
_____________________________
Mr. Jacop Aarup Anderson. Place: Probate Registry of District Court Dublin
For the Assignor Date: 12/06/2019 COMMISSIONER FOR OATHS
______________________________
Place:
For the Assignee Date:
OATH OF CONFIDENTIALITY
As an accepted business partner with Mr. Jacop Aarup Anderson I do solemnly declare:
That I will not divulge any information concerning Mr. Jacop Aarup Anderson that I may learn of or which may be disclosed to me in the course of my participation in the business.
That under no circumstances will I disclose to any individual not connected with the business in question the identity of Mr. Jacop Aarup Anderson without expressed permission.
That I will show total commitment, honesty and loyalty to the execution of the business. There shall be no form of betrayal of trust on my part as regards the agreed share to Mr. Jacop Aarup Anderson.
That I will endeavor to promote the interests of Mr. Jacop Aarup Anderson also contributes to the overall success of the business concerned.
That in the event of my withdrawal I will continue to hold in strictest confidence all information related to Mr. Jacop Aarup Anderson and the business as well.
Name:
Name of Company:
Position in company:
Address: …………………………………………………………………………………………………………………
Signature:
Declared before me at this day of 2019