Deposit Account Control Agreement Template for England and Wales

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Key Requirements PROMPT example:

Deposit Account Control Agreement

"I need a Deposit Account Control Agreement to secure a £5 million loan facility, where HSBC Bank plc will act as the depositary bank and the account holder operates in multiple European jurisdictions, to be effective from March 2025."

Document background
A Deposit Account Control Agreement is essential in secured lending transactions where deposit accounts serve as collateral. It provides the legal framework for perfecting security interests in deposit accounts under English and Welsh law, establishing the rights and obligations of the depositary bank, account holder, and secured party. The agreement typically includes provisions for account operation, control mechanisms, notice requirements, and enforcement rights. DACAs are particularly important in corporate lending, structured finance, and other transactions requiring robust security arrangements over deposit accounts.
Suggested Sections

1. Parties: Identifies the account holder, secured party, and depositary bank

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

3. Definitions: Key terms used throughout the agreement

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

5. Security Interest: Provisions regarding the security interest in the account

6. Rights and Obligations: Duties and responsibilities of each party

7. Account Operation: Procedures for operating the controlled account

8. Termination: Conditions and process for terminating the agreement

Optional Sections

1. Foreign Currency Accounts: Additional provisions for accounts held in foreign currencies

2. Multiple Accounts: Provisions for controlling multiple accounts

3. Electronic Communications: Provisions for electronic notices and instructions

Suggested Schedules

1. Account Details Schedule: Lists all controlled accounts and their details

2. Notice Forms: Template forms for various notices under the agreement

3. Operating Procedures: Detailed procedures for account operation and control

4. Fee Schedule: Details of any fees payable to the depositary bank

5. Authorized Persons: List of persons authorized to give instructions

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Financial Services and Markets Act 2000: Primary legislation governing financial services regulation in the UK, establishing regulatory framework and authorities

Banking Act 2009: Legislation covering bank regulation, bank insolvency procedures, and settlement systems

Financial Services (Banking Reform) Act 2013: Reform legislation implementing ring-fencing requirements and changing bank regulatory structure

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

Financial Collateral Arrangements (No.2) Regulations 2003: Regulations governing financial collateral arrangements, including security interests over cash in bank accounts

Financial Markets and Insolvency Regulations 1996: Regulations dealing with settlement finality and treatment of financial collateral in insolvency

Insolvency Act 1986: Primary legislation governing insolvency proceedings and creditor rights in England and Wales

Enterprise Act 2002: Legislation modifying insolvency regime and enforcement of security interests

FCA/PRA Handbook Requirements: Regulatory requirements and guidance issued by the Financial Conduct Authority and Prudential Regulation Authority

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

Money Laundering Regulations 2017: Regulations implementing anti-money laundering requirements and customer due diligence obligations

Proceeds of Crime Act 2002: Legislation dealing with money laundering offenses and reporting requirements

UK General Data Protection Regulation: Post-Brexit UK version of GDPR governing data protection and privacy requirements

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

Common Law Contract Principles: Body of case law establishing fundamental principles of contract formation and enforcement

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts and limiting exclusion of liability

Consumer Rights Act 2015: Legislation protecting consumer rights, potentially relevant if account holder is a consumer

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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