Blocked Account Agreement Template for United States

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Key Requirements PROMPT example:

Blocked Account Agreement

"Need a Blocked Account Agreement for a real estate development project where the lender requires control over project funds, with monthly permitted withdrawals for construction costs and quarterly reporting requirements, to be effective from March 1, 2025."

Document background

The Blocked Account Agreement is a critical instrument in secured financing transactions within the United States banking system. It serves to perfect a security interest in deposit accounts under UCC Article 9 and provides lenders with control over the collateral account. This agreement is commonly used in project finance, corporate lending, and other situations where parties need to ensure that funds are properly managed and disbursed according to predetermined conditions. The document details the rights and obligations of all parties, including specific provisions for account access, permitted withdrawals, and the bank's responsibilities.

Suggested Sections

1. Parties: Identifies the account holder, bank, and any secured party or beneficiary

2. Background: Explains the purpose of the blocked account and relationship between parties

3. Definitions: Defines key terms used throughout the agreement including 'Blocked Account', 'Control Party', and 'Permitted Withdrawals'

4. Account Establishment: Details of the blocked account setup and initial funding requirements

5. Control Rights: Specifies who has control over the account and under what circumstances

6. Permitted Withdrawals: Conditions under which withdrawals are permitted and the process for requesting withdrawals

7. Bank's Rights and Responsibilities: Outlines the bank's obligations and rights regarding the account, including compliance requirements

8. Term and Termination: Duration of the agreement and conditions for termination

Optional Sections

1. Investment Provisions: Terms governing permitted investments of account funds - used when the blocked account permits investment of funds

2. Foreign Currency Provisions: Terms governing foreign currency transactions - used when account involves multiple currencies

3. Interest Provisions: Terms regarding interest earned on the account - used when account earns interest

Suggested Schedules

1. Schedule 1 - Authorized Signatories: List of persons authorized to give instructions regarding the account

2. Schedule 2 - Fee Schedule: Details of bank fees and charges applicable to the blocked account

3. Schedule 3 - Form of Release Notice: Template for notices requesting release of funds from the blocked account

4. Schedule 4 - Account Details: Specific account information including account number, branch details, and routing information

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
Industries

Uniform Commercial Code (UCC) Article 9: Governs secured transactions and the creation, perfection, and enforcement of security interests in personal property

Bank Secrecy Act (BSA): Requires financial institutions to assist government agencies in detecting and preventing money laundering, including reporting requirements

Federal Reserve Regulation D: Sets rules for reserve requirements and limitations on certain types of withdrawals and transfers from savings accounts

Federal Deposit Insurance Act: Governs the operation of the FDIC and establishes standards for safety and soundness in banking

USA PATRIOT Act: Enhances anti-money laundering requirements and establishes additional customer identification procedures for financial institutions

OFAC Regulations: Enforces economic and trade sanctions against targeted foreign countries, terrorists, and other threats to national security

Securities Exchange Act of 1934: Governs securities trading and broker-dealer relationships, relevant if the blocked account contains securities

Investment Company Act of 1940: Regulates investment companies and their activities, applicable if the blocked account involves investment products

State Banking Regulations: State-specific laws governing banking operations and secured transactions within particular jurisdictions

Consumer Financial Protection Bureau Regulations: Federal consumer financial law enforcement and regulations protecting consumers in financial transactions

U.S. Bankruptcy Code: Particularly Chapter 11 provisions affecting blocked accounts in corporate restructuring and automatic stay provisions

FDIC Regulations: Rules governing deposit insurance and bank operations for safety and soundness

Know Your Customer (KYC) Requirements: Customer due diligence requirements for financial institutions to verify customer identity and assess risks

Foreign Account Tax Compliance Act (FATCA): Reporting requirements for foreign financial accounts and overseas assets of U.S. persons

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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