Forced indemnification: Difference between revisions

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'''Forced indemnification''' is a practice in which an business, such as a bank, refuses to take an action, such as transferring funds, unless and until their customer signs a document that includes an indemnification statement. Typically, an indemnification statement will broadly indemnify the business against, for example, any loss, claim, damage, liability and expense (including legal costs and expenses) resulting from any claim against the business which in any way arises from the business acting pursuant to the direction of the customer.

'''Forced indemnification''' is a practice in which a business, such as a bank, refuses to take an action, such as transferring funds, unless and until their customer signs a document that includes an indemnification statement. Typically, an indemnification statement will broadly indemnify the business against, for example, any loss, claim, damage, liability, and expense (including legal costs and expenses) resulting from any claim against the business which in any way arises from the business acting pursuant to the direction of the customer.

==How it works==

The process is simply that the business sends the customer a form that they want the customer to sign prior to providing the service that they are obligated to undertake. For example, the CIBC Bank (one of the major Canadian banks) has a form called "Tax-Free Savings Account (TFSA) Letter of Direction and Indemnity Upon Death of Holder". When their client passes away, they ask the client's beneficiaries to sign this form. If a beneficiary reuses to sign the form, the bank refuses to distribute their client's funds to the beneficiary.

The indemnification clause is generally broad in scope. In the case of the aforementioned CIBC form, is says that the beneficiary, "...agrees to save harmless CIBC from and against any and all claims, demands, actions, suits, losses, charges, expenses, damages or liabilities whatsoever which CIBC may pay, sustain, suffer or incur by reason of or in connection with the payment of proceeds of the TFSA to the Indemnifier or as the Indemnifier may direct (“Liabilities”), other than Liabilities that arise directly or indirectly from gross negligence or fraud, or in Quebec, intentional or gross fault, of CIBC. It is also understood and agreed that this Indemnity shall ~~enure~~ to the benefit of and be binding upon the Indemnifier and CIBC and their respective heirs, executors and successors."

The indemnification clause is generally broad in scope. In the case of the aforementioned CIBC form, is says that the beneficiary, "...agrees to save harmless CIBC from and against any and all claims, demands, actions, suits, losses, charges, expenses, damages or liabilities whatsoever which CIBC may pay, sustain, suffer or incur by reason of or in connection with the payment of proceeds of the TFSA to the Indemnifier or as the Indemnifier may direct (“Liabilities”), other than Liabilities that arise directly or indirectly from gross negligence or fraud, or in Quebec, intentional or gross fault, of CIBC. It is also understood and agreed that this Indemnity shall ensure to the benefit of and be binding upon the Indemnifier and CIBC and their respective heirs, executors and successors."

==Why it is a problem==

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-'''Forced indemnification''' is a practice in which an business, such as a bank, refuses to take an action, such as transferring funds, unless and until their customer signs a document that includes an indemnification statement. Typically, an indemnification statement will broadly indemnify the business against, for example, any loss, claim, damage, liability and expense (including legal costs and expenses) resulting from any claim against the business which in any way arises from the business acting pursuant to the direction of the customer.
+'''Forced indemnification''' is a practice in which a business, such as a bank, refuses to take an action, such as transferring funds, unless and until their customer signs a document that includes an indemnification statement. Typically, an indemnification statement will broadly indemnify the business against, for example, any loss, claim, damage, liability, and expense (including legal costs and expenses) resulting from any claim against the business which in any way arises from the business acting pursuant to the direction of the customer.
 ==How it works==
 The process is simply that the business sends the customer a form that they want the customer to sign prior to providing the service that they are obligated to undertake. For example, the CIBC Bank (one of the major Canadian banks) has a form called "Tax-Free Savings Account (TFSA) Letter of Direction and Indemnity Upon Death of Holder". When their client passes away, they ask the client's beneficiaries to sign this form. If a beneficiary reuses to sign the form, the bank refuses to distribute their client's funds to the beneficiary.
-The indemnification clause is generally broad in scope. In the case of the aforementioned CIBC form, is says that the beneficiary, "...agrees to save harmless CIBC from and against any and all claims, demands, actions, suits, losses, charges, expenses, damages or liabilities whatsoever which CIBC may pay, sustain, suffer or incur by reason of or in connection with the payment of proceeds of the TFSA to the Indemnifier or as the Indemnifier may direct (“Liabilities”), other than Liabilities that arise directly or indirectly from gross negligence or fraud, or in Quebec, intentional or gross fault, of CIBC. It is also understood and agreed that this Indemnity shall enure to the benefit of and be binding upon the Indemnifier and CIBC and their respective heirs, executors and successors."
+The indemnification clause is generally broad in scope. In the case of the aforementioned CIBC form, is says that the beneficiary, "...agrees to save harmless CIBC from and against any and all claims, demands, actions, suits, losses, charges, expenses, damages or liabilities whatsoever which CIBC may pay, sustain, suffer or incur by reason of or in connection with the payment of proceeds of the TFSA to the Indemnifier or as the Indemnifier may direct (“Liabilities”), other than Liabilities that arise directly or indirectly from gross negligence or fraud, or in Quebec, intentional or gross fault, of CIBC. It is also understood and agreed that this Indemnity shall ensure to the benefit of and be binding upon the Indemnifier and CIBC and their respective heirs, executors and successors."
 ==Why it is a problem==