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Security Account Control Agreement for Malaysia

Security Account Control Agreement Template for Malaysia

A Security Account Control Agreement is a critical document in Malaysian secured lending transactions that establishes control rights over bank accounts used as collateral. The agreement creates a three-way relationship between an account holder, a secured party, and a bank, governed by Malaysian law, particularly the Financial Services Act 2013 and related banking regulations. It details the mechanisms for account control, operating procedures, and the rights and obligations of all parties, ensuring compliance with Malaysian security and banking laws while facilitating secure lending arrangements.

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What is a Security Account Control Agreement?

The Security Account Control Agreement is a fundamental document in Malaysian secured lending transactions where bank accounts serve as collateral. It is typically used in conjunction with facility agreements and security documents, establishing the mechanism by which a secured party obtains and maintains control over the account holder's bank accounts. The agreement ensures compliance with Malaysian banking regulations, particularly the Financial Services Act 2013, while providing the secured party with the necessary rights to perfect their security interest. This document is essential in project finance, corporate lending, and other secured transactions in Malaysia where account control is a key element of the security package. The agreement addresses operational aspects such as instruction rights, account access, and the bank's obligations, while also incorporating Malaysian electronic banking regulations where relevant.

What sections should be included in a Security Account Control Agreement?

1. Parties: Identifies the three key parties: Account Holder, Secured Party, and Account Bank

2. Background: Sets out the context of the security arrangement and references to related agreements

3. Definitions: Defines key terms used throughout the agreement, including Account, Control, Instructions, Security Interest

4. Account Control Arrangements: Core section establishing the control rights over the account and how they operate

5. Security Interest: Confirms the grant and nature of the security interest over the account

6. Operating Procedures: Details the procedures for giving instructions and operating the account

7. Account Bank's Rights and Obligations: Sets out the duties, responsibilities and protections of the Account Bank

8. Representations and Warranties: Standard representations from all parties regarding authority, capacity and account ownership

9. Fees and Expenses: Details the fees payable to the Account Bank and expense allocation

10. Termination: Procedures and circumstances for terminating the agreement

11. Miscellaneous: Standard boilerplate provisions including notices, amendments, governing law

What sections are optional to include in a Security Account Control Agreement?

1. Electronic Banking Provisions: Include when the account control involves electronic banking services

2. Foreign Currency Provisions: Include when the controlled account may hold foreign currencies

3. Multiple Account Provisions: Include when the agreement covers multiple accounts

4. Intermediary Bank Arrangements: Include when correspondent or intermediary banks are involved

5. Special Instructions Procedure: Include when complex or specific instruction arrangements are required

What schedules should be included in a Security Account Control Agreement?

1. Account Details: Schedule listing all account numbers and types covered by the agreement

2. Authorized Persons: List of persons authorized to give instructions for each party

3. Operating Procedures Manual: Detailed procedures for account operation and instruction transmission

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

5. Form of Notices: Standard forms for various notices under the agreement

6. Electronic Banking Procedures: Technical specifications and procedures for electronic banking access

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

Malaysia

Publisher

Ƶ

Document Type

Account Agreement

Sector

Banking

Cost

Free to use

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