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Securities Account Control Agreement
"I need a Securities Account Control Agreement for a margin lending facility where ABC Bank will be the secured party over a securities account held by XYZ Investment Holdings with Standard Securities Berhad as the securities intermediary, with the agreement to take effect from March 1, 2025."
1. Parties: Identifies the account holder, secured party, and securities intermediary as parties to the agreement
2. Background: Explains the context of the agreement, including reference to any underlying security agreement and the securities account details
3. Definitions: Defines key terms used throughout the agreement, including 'Control Instructions', 'Entitlement Orders', 'Securities Account', etc.
4. Account Control Arrangements: Establishes the control mechanism and rights of the secured party over the securities account
5. Securities Intermediary's Rights and Obligations: Details the obligations of the securities intermediary regarding control instructions and account operations
6. Account Holder's Rights and Obligations: Specifies the account holder's continuing rights and restrictions regarding the securities account
7. Secured Party's Rights and Obligations: Outlines the secured party's rights to give instructions and its obligations regarding the account
8. Representations and Warranties: Contains standard representations and warranties from all parties
9. Priority of Security Interest: Establishes the priority of the secured party's interest and subordination of other claims
10. Notices: Specifies how formal notices must be given between parties
11. Events of Default: Defines events triggering enforcement rights
12. Termination: Outlines conditions and process for terminating the agreement
13. Miscellaneous: Contains standard boilerplate provisions including governing law, jurisdiction, amendments, etc.
1. Fees and Expenses: Required if the securities intermediary charges fees for maintaining the control arrangement or if there are specific expense allocation provisions
2. Tax Provisions: Needed if there are specific tax implications or withholding requirements for the account
3. Foreign Law Considerations: Required if the securities or any party is subject to foreign law requirements
4. Electronic Communications: Optional section detailing procedures for electronic instructions and communications if permitted
5. Multiple Secured Parties: Required if there is more than one secured party with rights over the account
6. Regulatory Compliance: Needed if specific regulatory requirements apply to any party or the securities
1. Securities Account Details: Schedule listing the specific securities account(s) covered by the agreement
2. Authorized Persons: List of persons authorized to give instructions on behalf of the secured party and account holder
3. Form of Notice of Exclusive Control: Template notice to be used when secured party exercises exclusive control
4. Operating Procedures: Detailed procedures for giving and acting on control instructions
5. Fee Schedule: If applicable, schedule of fees charged by the securities intermediary
6. Form of Monthly Statement: Template for monthly account statements to be provided by the securities intermediary
Authors
Banking
Financial Services
Investment Management
Securities Trading
Asset Management
Corporate Finance
Private Equity
Hedge Funds
Insurance
Investment Banking
Legal
Compliance
Securities Operations
Risk Management
Treasury
Corporate Finance
Investment Management
Credit Risk
Trading Operations
Custody Operations
Financial Control
Regulatory Reporting
Legal Counsel
Compliance Officer
Securities Operations Manager
Account Manager
Relationship Manager
Risk Manager
Treasury Manager
Chief Financial Officer
Corporate Finance Manager
Investment Manager
Portfolio Manager
Credit Risk Officer
Securities Trading Manager
Custodian Operations Manager
Legal Director
Compliance Director
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