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MOU between Barclays and MACOSS


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MOU between Barclays and MACOSS

  1. 1. MEMORANDUM OF UNDERSTANDING Between Barclays Bank Mauritius Limited AND Mauritius Council of Social Service PARTIES 1. Barclays Bank Mauritius Limited (”BBML”) is a company incorporated in Mauritius with company number 68913 and whose registered office is at Sir William Newton Street, Port Louis. 2. Mauritius Council of Social Service (”MACOSS”) is a statutory body set up under the Mauritius Council of Social Service Act of 1970 of Mauritius. PREAMBLE Whereas BBML is a key player in the financial services sector in Mauritius and aims at playing a broader role in the community in which it operates through community investment programmes, and the direct efforts of its employees, Whereas, MACOSS is a statutory body set up with the aim to promote charitable purposes for the benefit of the community in Mauritius and acts as a council of Non-Governmental Organisations ("NGOs”) dedicated to social services and sustainable social development, The Legal Team of BBML (the "Team”), as part of its increasing commitment to corporate social responsibility, wishes to put its legal skills at the disposal of the community and believes that MACOSS provides the appropriate framework to support the Team in achieving its ambitions by initiating communication and collaboration and networking between Barclays and NGOs. BBML and MACOSS have, therefore, agreed that the Team would offer a defined number of hours in a month to provide free legal services to NGOs affiliated with MACOSS (the ”lnitiative”). PURPOSE This Memorandum of Understanding (the "MoU”) is to outline the terms, responsibilities and understanding of each party with respect to the Initiative. AIM The aim of this Initiative is for the Team to provide free legal support to NGOs affiliated with MACOSS in accordance with the terms set out in this MOU. BBML and MACOSS acknowledge that no contractual relationship is created between them by this MOU but agree to work together in a spirit of partnership to ensure that there is a united, visible and responsive leadership of the Initiative. In view of the purely benevolent nature of this Initiative, the parties acknowledge that legal services provided to NGOs are not intended to create, and do not constitute a lawyer-client relationship and BBML will accept no responsibility for the quality or accuracy of the legal services provided.
  2. 2. SCOPE OF LEGAL SERVICES The legal services to be provided to NGOs are as follows: 0 Contract drafting & review 0 Legal advice on employment and other legal issues arising out of the day-to-day running of the NGOs 0 Assistance with company secretarial matters: review & drafting of constitutive documents and/ or board resolutions/ minutes of meetings 0 Advice on account filing - Assistance with filling in administrative forms with the Registrar of Companies and/ or Registrar of Associations The following are not included in the scope of services set out above: 0 Internal disputes between the members of an NGO including but not limited to interpretation of the constitutive documents of the NGO in favour of certain members 0 Disputes between NGOs 0 Litigation Matters 0 Arbitrations NB: The list defined under Scope of Legal Services and Exclusions is not exhaustive. Services may be offered on other matters following a review carried out by the Team and subject to a clear definition of the scope of service in each case. PROCESS 0 The Team will devise a form that will need to be filled in by the NGOs to set out the nature of the legal assistance being sought. The form would contain fields such as the name and the details of the NGOs. 0 The form, at an initial stage, will be made available manually by MACOSS and will, at a later stage, be made available on the MACOSS website 0 The form will be filled in by the NGO and submitted to MACOSS for review. 0 MACOSS will confirm if the service required is within the scope of service defined in this MoU. - Once reviewed by MACOSS, the form together with all supporting documents, will be submitted to the Team 0 The Team will provide a timeline for completion of service to MACOSS and ensure that the service is provided within the set timeline REPORTING The Team will keep a log of the amount of time spent as part of the Initiative on a monthly basis. On a periodic basis, MACOSS will update the Team on the matters that have not been referred to the Team. FUNDING This MOU is not a commitment of funds by any of the said parties. Both BBML and MACOSS agree that all the above services are free of any costs and understand that all administrative charges payable to authorities under the Scope of Services will be borne by the NGOs.
  3. 3. TIME COMMITMENT The Team commits to provide a total amount of 15 hours of free legal services on a monthly basis to MACOSS over a period of one year. DURATION This MOU will remain in effect until 30 September 2016 unless early terminated by any one of the parties by giving one month written notice. It may be renewed by mutual agreement and subject to an evaluation of the partnership during the initial term of the MoU. EFFECTIVE DATE This agreement will become effective from 1 October 2015. It is agreed that the parties shall use their best endeavours to find an amicable solution to any dispute arising/ arisen, prior to opting for litigation. Except as otherwise provided herein, this MOU contains the entire agreement of the parties with respect to the subject matter and it supersedes all prior agreements, negotiations and discussions with respect thereto, and shall not be modified, amended or changed in any manner whatsoever except by mutual written consent of MACOSS and BBML. IN WITNESS WHEREOF, the Parties have executed this MOU on the 29”‘ day of September 2015. guy. .‘ - . ... ... . 4- Mr Geerish Bucktowonsing Ravin Ra Chairperson Managing Di ector For and on behalf of Mauritius Council of For and on behalf of Barclays Bank Mauritius Social Service Limited . _2Le, at», e». Lr: c.L. g., ote& flsecretary Phillip Jason NORAH For and on behalf of Mauritius Council of Head of Legal Social Service For and on behalf of Barclays Bank Mauritius Limited Legal Team
  4. 4. Contact Information Mauritius Council of Social Service Barclays Bank Mauritius Limited 2nd Floor Astor Court Legal Dept Lislet Geoffrey street 4"‘ Floor, Barclays House Port Louis Ebene Tel_ 212 0242 Tel: 404 1515 Fax : 208 6370 Fax‘ 465 4806 Email: Nivejita. rambajun@barc| ays. com Email: macoss@intnet. mu