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Collateral Account Agreement Template for England and Wales

A Collateral Account Agreement under English and Welsh law is a legal document that establishes and governs the terms of a secured account arrangement. It details the rights and obligations of the account bank, security holder, and account owner regarding the maintenance and operation of accounts held as security. The agreement covers account establishment, security interests, operational procedures, default scenarios, and enforcement mechanisms, all within the framework of English law and relevant financial regulations.

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What is a Collateral Account Agreement?

A Collateral Account Agreement is essential in secured financing transactions where cash or securities are held as collateral. Used extensively in England and Wales, this agreement establishes the legal framework for maintaining and operating secured accounts, defining the rights and obligations of all parties involved. The document typically supports broader financing arrangements and ensures compliance with English financial regulations and security laws. It includes detailed provisions for account operation, security interests, enforcement rights, and default remedies, making it a crucial document in secured lending and investment transactions.

What sections should be included in a Collateral Account Agreement?

1. Parties: Identifies all parties to the agreement including the account holder, security holder, and account bank

2. Background: Explains the context and purpose of the agreement, including reference to any related facility agreements

3. Definitions and Interpretation: Defines key terms and establishes interpretation rules for the agreement

4. Account Establishment: Details of the collateral account(s), including account numbers and types

5. Security Interest: Creation and perfection of security interest over the account

6. Operation of Accounts: Rules governing deposits, withdrawals, and account management

7. Rights and Obligations: Responsibilities of each party regarding the account

8. Events of Default: Circumstances constituting default and consequences

9. Enforcement: Rights and procedures following an event of default

10. Representations and Warranties: Standard representations by parties

What sections are optional to include in a Collateral Account Agreement?

1. Investment Provisions: Rules for investing account balances - used when account allows for investment of funds

2. Multi-currency Provisions: Rules for handling multiple currencies - used when account holds multiple currencies

3. Interest Provisions: Terms for interest calculation and payment - used when interest is payable on account balances

4. Control Agreement Provisions: Terms regarding control over the account - used when third-party control arrangements are required

What schedules should be included in a Collateral Account Agreement?

1. Account Details Schedule: Specific details of all accounts covered by the agreement

2. Authorized Signatories: List of persons authorized to operate the account

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

4. Fee Schedule: Details of any fees payable for account maintenance

5. Operating Procedures: Detailed procedures for account operation and management

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Account Agreement

Sector

Banking

Cost

Free to use

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