Pledged Collateral Account Control Agreement Template for England and Wales

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Key Requirements PROMPT example:

Pledged Collateral Account Control Agreement

"Need a Pledged Collateral Account Control Agreement for a UK-based investment fund pledging multiple EUR accounts held with Deutsche Bank London to secure a £50M facility, with the agreement to be effective from March 2025."

Document background
The Pledged Collateral Account Control Agreement is a crucial security document in English and Welsh secured financing transactions. It is typically used when a borrower pledges a bank account as collateral for a loan or other financial obligation. The agreement ensures the secured party has effective control over the pledged account, which is essential for perfecting their security interest under English law. It details the operational mechanics of the arrangement, including how and when the secured party can exercise control, the account bank's obligations, and the procedures for releasing the security. The agreement is commonly used alongside other security documents in corporate finance, acquisition finance, and other secured lending transactions.
Suggested Sections

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

2. Background: Context of the security arrangement and related agreements

3. Definitions: Key terms used throughout the agreement

4. Account Control: Terms governing control over the pledged account

5. Security Interest: Creation and perfection of security interest

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

7. Notice and Instructions: Procedures for giving notices and instructions

8. Events of Default: Circumstances triggering enforcement rights

9. Termination: Terms for ending the agreement

Optional Sections

1. Foreign Law Considerations: Required if any party or assets are in foreign jurisdictions

2. Tax Provisions: Required if specific tax arrangements need to be addressed

3. Regulatory Compliance: Required if any party is regulated entity

Suggested Schedules

1. Form of Notice of Exclusive Control: Standard form for Secured Party to exercise exclusive control

2. Form of Account Details: Details of the pledged account(s)

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

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

5. Notice Details: Contact information for notices to parties

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

Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Financial Collateral Arrangements (No. 2) Regulations 2003: Key legislation implementing EU Directive 2002/47/EC on financial collateral arrangements. Governs the creation and enforcement of security over financial collateral.

Law of Property Act 1925: Establishes fundamental principles regarding security interests and sets out requirements for creation of charges.

Companies Act 2006: Covers registration requirements for company charges and corporate authority matters relevant to collateral arrangements.

Financial Services and Markets Act 2000 (FSMA): Provides regulatory framework for financial institutions and requirements for regulated activities in relation to collateral arrangements.

FCA/PRA Regulations: Regulatory requirements applicable to regulated entities, including compliance with regulatory capital requirements affecting collateral arrangements.

Banking Act 2009: Contains special resolution regime provisions and bank insolvency procedures relevant to account control agreements.

Insolvency Act 1986: Governs the impact of insolvency on security arrangements and establishes priority of creditors in insolvency scenarios.

Consumer Credit Act 1974: Relevant when considering if any party to the agreement might be classified as a consumer, affecting protection measures.

Payment Services Regulations 2017: Applicable regulations when the account control agreement involves payment services or payment functionality.

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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