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Home/Templates/Payments & tax/Currency and FX clause guide
Template & guide

Currency and FX clause guide

How to write currency clauses that protect both sides of a cross-border contract from exchange-rate swings: invoicing currency, conversion timing, and who absorbs fees.

  • Made forEmployers · Talent
  • Reading time~2 min
  • What's includedA complete, professionally written document you can adapt to your team.
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The template

Cross-border payments involve two currencies and a moving exchange rate between them. If the contract doesn't say who carries that movement, someone ends up surprised — and disputes about surprise money are the worst kind. Three decisions, written down, prevent nearly all of them.

Decision 1 — the contract currency

  • Name one currency as the currency of account: "All fees under this agreement are denominated in {{Currency}}."
  • The party whose currency is NOT chosen carries the FX exposure. Price accordingly: if you invoice in the client's currency, build a buffer into your rate.
  • Avoid "equivalent in local currency" phrasing with no rate mechanism — that's the clause that creates arguments.

Decision 2 — conversion timing

If payment happens in a different currency than the currency of account, fix the moment the rate is read:

  • "Converted at the rate published by {{Rate source}} on the invoice date" — favors predictability for the biller.
  • "…on the payment date" — simpler operationally, but the amount drifts between invoice and payment.
  • Pick one and name a public rate source. Never leave the source to "the bank's rate" without naming which bank.

Decision 3 — who pays the fees

  • Wire fees, intermediary-bank charges, and platform conversion spreads can eat several percent. State it: "The {{Payer / Payee}} bears all transfer and conversion fees; the amount received must equal the invoiced amount."
  • The "amount received equals amount invoiced" formulation is the cleanest protection for the person being paid.

Optional protections for volatile pairs

  • Adjustment band: "If {{Currency pair}} moves more than {{Percent}} between signing and invoicing, either party may request a rate review."
  • Periodic repricing: for retainers, re-fix the local-currency amount quarterly instead of per invoice.
  • Split exposure: agree a mid-rate between invoice-date and payment-date rates.

A model clause to adapt

"Fees are denominated in {{Currency}}. Where payment is made in another currency, the amount shall be converted at the {{Rate source}} closing rate on the invoice date. The paying party bears all transfer and conversion charges so that the amount received equals the amount invoiced. If the {{Currency pair}} rate changes by more than {{Percent}} from the rate on the effective date, the parties will review pricing in good faith."

Not legal advice

This template is provided for general informational purposes only and is not legal advice. Laws differ by jurisdiction and change over time — have a qualified professional review any document before you rely on it.

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