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Collateral Account Control Agreement Template for England and Wales

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Key Requirements PROMPT example:

Collateral Account Control Agreement

"Need a Collateral Account Control Agreement for a USD account held with Barclays Bank, where my company (TechStart Ltd) is granting security over the account to ABC Bank plc as part of a new £5M facility agreement closing in March 2025."

Document background
A Collateral Account Control Agreement is utilized when a lender requires security over a bank account as part of a financing arrangement. This agreement, governed by English and Welsh law, establishes the mechanism for controlling the account and ensures the secured party can perfect its security interest through control. It defines how the account will be operated, when control can be exercised, and the duties of each party. The agreement is particularly important in structured finance transactions and secured lending arrangements where account control is crucial for the security package.
Suggested Sections

1. Parties: Identification of Account Bank, Secured Party, and Account Holder

2. Background: Context of the agreement and relationship between parties

3. Definitions and Interpretation: Key terms and interpretation rules

4. Account Control Arrangements: Core provisions regarding control over the account

5. Security Interest: Creation and perfection of security interest

6. Instructions and Notice Requirements: Process for giving instructions regarding the account

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

8. Events of Default: Circumstances triggering control rights

9. Termination: Terms for ending the agreement

Optional Sections

1. Multiple Account Provisions: Required when agreement covers multiple accounts

2. Foreign Currency Provisions: Provisions for handling multiple currencies when non-GBP accounts are involved

3. Electronic Communications: Provisions for electronic instruction methods when electronic communications are permitted

Suggested Schedules

1. Account Details Schedule: Details of controlled account(s)

2. Form of Notice of Exclusive Control: Template for control notice

3. Authorized Signatories: List of persons authorized to give instructions

4. Fee Schedule: Account Bank's fees and charges

5. Form of Account Bank Acknowledgment: Standard form acknowledgment of the arrangement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Financial Services and Markets Act 2000: Primary UK legislation governing financial services regulation, including requirements for financial institutions and security arrangements

Companies Act 2006: Primary legislation governing company law in the UK, including requirements for company charges and security registration

Insolvency Act 1986: Legislation governing insolvency proceedings and the treatment of security interests in insolvency scenarios

Financial Collateral Arrangements (No.2) Regulations 2003: Specific regulations implementing EU Directive on financial collateral arrangements, providing framework for financial collateral

Banking Act 2009: Legislation governing banking sector including special resolution regime and payment systems

Law of Property Act 1925: Fundamental legislation governing property rights and security interests in England and Wales

Financial Collateral Arrangements Directive: EU directive (as implemented in UK law) establishing framework for financial collateral arrangements

UNIDROIT Convention: International convention establishing substantive rules for intermediated securities

FCA/PRA Regulatory Framework: Regulatory requirements from Financial Conduct Authority and Prudential Regulation Authority on custody and client money

Payment Services Regulations 2017: Regulations governing payment services and payment systems in the UK

Settlement Finality Regulations: Regulations protecting settlement finality in payment and securities settlement systems

Common Law Security Principles: Established case law principles regarding security interests, perfection, priority of claims and enforcement

Trust Law Principles: Common law principles governing trust arrangements and fiduciary duties

Agency Law Principles: Common law principles governing agency relationships and authority

Conflict of Laws Rules: Rules determining applicable law and jurisdiction in cross-border transactions

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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