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Deposit Control Agreement
I need a Deposit Control Agreement under Danish law for a real estate development project where our company (Nordic Builders A/S) will deposit EUR 5 million with Danske Bank, to be released to the contractor (Copenhagen Construction Ltd) in three installments during 2025 based on construction milestones.
1. Parties: Identification of all parties: Depositor, Beneficiary, and Deposit Bank
2. Background: Context of the agreement, including reference to any underlying transaction necessitating the deposit arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment of Deposit Bank: Terms of appointment and acceptance of the deposit bank's role
5. Deposit Account: Details of the deposit account, including account setup and maintenance requirements
6. Deposit Amount: Specification of the deposit amount and any requirements for maintaining minimum balances
7. Control Mechanisms: Procedures for controlling and managing the deposit account
8. Release Conditions: Specific conditions that must be met for the release of funds
9. Release Process: Detailed procedures for releasing funds when conditions are met
10. Bank's Rights and Obligations: Specific duties, responsibilities, and rights of the deposit bank
11. Fees and Expenses: Details of all fees, charges, and expense allocation
12. Representations and Warranties: Standard representations and warranties from all parties
13. Liability and Indemnification: Limitations of liability and indemnification provisions
14. Term and Termination: Duration of the agreement and termination provisions
15. Notices: Communication procedures and contact details
16. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction details
17. General Provisions: Standard boilerplate provisions including amendments, assignments, and severability
1. Interest Provisions: Terms regarding interest earned on deposits, used when interest accumulation is permitted
2. Multiple Beneficiaries: Additional provisions for cases involving multiple beneficiaries
3. Foreign Currency Provisions: Special provisions for deposits in foreign currencies
4. Tax Provisions: Specific tax-related provisions when tax implications need to be addressed
5. Electronic Communications: Specific provisions for electronic communications and online banking access
6. Force Majeure: Provisions for extraordinary circumstances affecting the deposit arrangement
7. Anti-Money Laundering Compliance: Detailed AML compliance requirements when enhanced compliance is needed
1. Schedule 1 - Account Details: Specific details of the deposit account including account number and branch information
2. Schedule 2 - Authorized Signatories: List of authorized signatories for each party with specimen signatures
3. Schedule 3 - Fee Schedule: Detailed breakdown of all applicable fees and charges
4. Schedule 4 - Release Request Form: Standard form for requesting release of funds
5. Schedule 5 - Notice Details: Detailed contact information for all parties
6. Appendix A - Release Conditions Documentation: Forms and requirements for documenting satisfaction of release conditions
7. Appendix B - KYC Requirements: List of required know-your-customer documentation
Authors
Banking & Financial Services
Real Estate
Corporate Finance
Investment Banking
Legal Services
Construction
Mergers & Acquisitions
Private Equity
Commercial Property
Infrastructure
Legal
Finance
Treasury
Compliance
Corporate Finance
Transaction Management
Risk Management
Banking Operations
Deal Advisory
Project Finance
Legal Counsel
Corporate Lawyer
Finance Manager
Treasury Manager
Transaction Manager
Compliance Officer
Banking Relationship Manager
Account Manager
Financial Controller
Project Finance Manager
Real Estate Manager
Investment Manager
Chief Financial Officer
Risk Manager
Corporate Finance Director
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