Deposit Pledge Agreement Template for England and Wales

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Key Requirements PROMPT example:

Deposit Pledge Agreement

"Need a Deposit Pledge Agreement for a £5 million cash deposit held at Barclays Bank PLC, to be pledged as security for a corporate loan facility closing on March 15, 2025, with the security to be governed by English law."

Document background
A Deposit Pledge Agreement is commonly used in financing transactions where cash deposits serve as collateral. Under English and Welsh law, this document creates security over bank deposits, typically used in loan facilities, project finance, or other secured lending arrangements. The agreement details the pledge arrangement, account control mechanisms, and enforcement provisions, ensuring compliance with the Financial Collateral Arrangements Regulations and other applicable legislation. It's particularly important in transactions requiring robust security over liquid assets.
Suggested Sections

1. Parties: Identification of pledgor and pledgee with full legal names and addresses

2. Background: Context of the pledge arrangement and underlying transaction

3. Definitions: Key terms used throughout the agreement including 'Deposit Account', 'Secured Obligations', 'Security Period'

4. Grant of Security: Core pledge provisions and creation of security interest

5. Representations and Warranties: Standard pledgor representations regarding authority, ownership, and no encumbrances

6. Covenants: Ongoing obligations of the pledgor regarding the deposit

7. Enforcement: Rights and remedies upon default

8. Governing Law and Jurisdiction: Choice of law and dispute resolution provisions

Optional Sections

1. Interest and Withdrawals: Terms regarding interest earned on deposits and withdrawal rights (if applicable)

2. Bank's Rights and Obligations: Include if bank is party to agreement or acknowledgment required

3. Additional Security Provisions: Include for complex security arrangements or multiple accounts

Suggested Schedules

1. Form of Notice to Bank: Standard form of notice to be given to the account bank

2. Form of Bank Acknowledgment: Standard form of acknowledgment to be obtained from account bank

3. Details of Deposit Account(s): Specific information about pledged accounts including account numbers

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 Industries
Relevant Teams
Relevant Roles
Industries

Financial Collateral Arrangements (No.2) Regulations 2003: Key EU-derived legislation governing security over cash deposits, implementing EU Directive 2002/47/EC. Provides framework for creation and enforcement of security over cash deposits with simplified enforcement procedures.

Law of Property Act 1925: Foundational legislation establishing fundamental principles regarding security interests and requirements for creation of charges in England and Wales.

Companies Act 2006: Primary legislation governing company law, including requirements for registration of charges and company-related security provisions.

Financial Services and Markets Act 2000: Regulatory framework for financial services in the UK, relevant when regulated activities are involved in the pledge arrangement.

Insolvency Act 1986: Legislation governing insolvency proceedings and their impact on security interests, including rules on priority of creditors.

Common Law Security Interest Rules: Established case law principles regarding perfection of security interests and enforcement of pledges.

Contractual Interpretation Principles: Common law principles governing how security and pledge agreements are interpreted by courts.

Equitable Principles: Legal principles developed in equity relating to security interests and their enforcement.

FCA Regulations: Financial Conduct Authority regulatory requirements affecting financial security arrangements and regulated entities.

PRA Requirements: Prudential Regulation Authority requirements affecting banks and other financial institutions involved in pledge arrangements.

Bank of England Guidelines: Central bank guidelines affecting financial security arrangements and their implementation.

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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