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Deposit Control Agreement

Deposit Control Agreement Template for Austria

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Key Requirements PROMPT example:

Deposit Control Agreement

"I need an Austrian law Deposit Control Agreement for a renewable energy project financing, where multiple project accounts will be controlled by Deutsche Bank AG as Security Agent, with the agreement taking effect from March 1, 2025."

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Document background
A Deposit Control Agreement is commonly used in secured financing transactions where control over bank accounts is required as part of the security package. This document, governed by Austrian law, establishes the legal framework for controlling deposit accounts, typically in the context of project finance, real estate finance, or general corporate lending. The agreement details the mechanism by which the security holder can implement control over the account(s), the operational procedures for account management, and the rights and obligations of all parties involved. It must comply with Austrian banking regulations, particularly the Austrian Banking Act (BWG) and relevant security laws. The document is essential when lenders require direct control over a borrower's cash flows or when accounts serve as collateral for financing arrangements.
Suggested Sections

1. Parties: Identification of all parties to the agreement: Depositor, Account Bank, and Security Agent/Beneficiary

2. Background: Context of the agreement, including reference to any related facility agreements or security arrangements

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Account Establishment and Operation: Details of the controlled account(s) and basic operational parameters

5. Control Mechanics: Specific mechanisms for controlling the deposit account, including signing rights and authorization procedures

6. Blocked Account Provisions: Provisions regarding the blocking of the account and restrictions on withdrawals

7. Rights and Obligations of the Account Bank: Detailed responsibilities and duties of the Account Bank

8. Representations and Warranties: Standard representations and warranties from each party

9. Security Interest: Provisions regarding the security interest over the deposit account

10. Fees and Expenses: Provisions regarding bank charges and costs

11. Liability and Indemnity: Limitation of liability and indemnification provisions

12. Termination: Terms for termination of the agreement

13. Miscellaneous: Standard boilerplate provisions

14. Notices: Communication procedures between parties

15. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction provisions

Optional Sections

1. Multi-Currency Provisions: Optional section for accounts holding multiple currencies

2. Interest Provisions: Details about interest accrual and payment if relevant

3. Online Banking Arrangements: Provisions regarding online banking access and security if electronic access is required

4. Tax Provisions: Specific tax-related provisions if necessary for the transaction structure

5. Agent Provisions: Additional provisions if multiple beneficiaries are involved requiring agent coordination

6. Step-In Rights: Provisions allowing direct control by the Security Agent in specific circumstances

Suggested Schedules

1. Account Details: Schedule containing the specific details of the controlled account(s)

2. Authorized Signatories: List of authorized signatories and their signing rights

3. Form of Notice of Charge: Standard form for notifying the account bank of the security interest

4. Operating Procedures: Detailed procedures for account operation and control mechanisms

5. Fee Schedule: Details of bank fees and charges

6. Form of Payment Instruction: Standard form for payment instructions

7. Notice Details: Contact details for all parties for notice purposes

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions








































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Relevant Industries

Banking

Financial Services

Infrastructure

Real Estate

Energy

Construction

Manufacturing

Telecommunications

Healthcare

Retail

Transportation

Mining

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Banking Operations

Corporate Finance

Project Finance

Transaction Management

Security Administration

Account Management

Relevant Roles

Legal Counsel

Finance Director

Treasury Manager

Chief Financial Officer

Banking Relationship Manager

Security Trustee

Facility Agent

Project Finance Manager

Corporate Finance Manager

Risk Manager

Compliance Officer

Account Manager

Transaction Manager

Senior Banker

Credit Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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