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Security Account Control Agreement Template for England and Wales

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Key Requirements PROMPT example:

Security Account Control Agreement

"Need a Security Account Control Agreement to secure a £50 million credit facility for our UK manufacturing business, where Deutsche Bank will be the account bank and HSBC will be the secured party, to be completed by March 2025."

Document background
A Security Account Control Agreement is commonly used in secured lending transactions under English and Welsh law where bank accounts form part of the collateral package. The agreement is essential when a lender requires direct control over a borrower's bank accounts as security. It establishes the mechanism for controlling the account, defines the rights of each party, and sets out the circumstances under which the security becomes enforceable. This type of agreement is particularly important in project finance, acquisition finance, and general corporate lending scenarios where account security is required.
Suggested Sections

1. Parties: Identifies the Account Owner, Secured Party, and Account Bank

2. Background: Sets out the context of the security arrangement and related agreements

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

4. Security Interest: Details of the security interest being created over the account

5. Control of Account: Provisions regarding operational control of the account

6. Rights and Obligations of the Account Bank: Duties and responsibilities of the account bank

7. Representations and Warranties: Standard representations by all parties

8. Events of Default: Circumstances triggering enforcement rights

9. Termination: Provisions for ending the agreement

Optional Sections

1. Interest Provisions: Terms regarding interest on the account, used when interest arrangements are relevant to the security

2. Foreign Currency Provisions: Handling of multiple currencies, used when account may contain multiple currencies

3. Tax Provisions: Handling of tax matters, used when tax considerations are significant

Suggested Schedules

1. Form of Notice: Standard form for notifications under the agreement

2. Account Details: Specific details of the secured account(s)

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

4. Form of Blocking Notice: Standard form for implementing account blocking

Authors

Alex Denne

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

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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Financial Services and Markets Act 2000: Primary legislation that regulates financial services and markets in the UK, establishing the regulatory framework for financial institutions

Companies Act 2006: Core company law legislation relevant for corporate entities, covering aspects of company charges and security interests

Financial Collateral Arrangements (No.2) Regulations 2003: Implements EU Directive on financial collateral arrangements, governing the creation and enforcement of security over financial collateral

Enterprise Act 2002: Legislation covering enforcement provisions and insolvency considerations in security arrangements

FCA/PRA Regulatory Framework: Regulatory guidelines and requirements set by the Financial Conduct Authority and Prudential Regulation Authority

Common Law Principles: Established legal principles regarding security interests, contract formation, and agency relationships in English law

European Retained Law: Post-Brexit retained EU regulations and updated financial services legislation relevant to security arrangements

Money Laundering Regulations 2017: Anti-money laundering regulations governing financial transactions and security arrangements

Proceeds of Crime Act 2002: Legislation dealing with money laundering and proceeds of crime that may affect security arrangements

UK GDPR: Data protection regulations governing the handling of personal data in financial and security arrangements

Data Protection Act 2018: UK's implementation of data protection requirements, complementing UK GDPR in financial contexts

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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