Create a bespoke document in minutes,聽or upload and review your own.
Get your first 2 documents free
Your data doesn't train Genie's AI
You keep IP ownership聽of your information
Escrow Agreement
I need an escrow agreement for a real estate transaction where the funds will be held until all conditions of the sale are met, with clear instructions on the release of funds and a dispute resolution mechanism in place. The agreement should comply with Singaporean laws and include provisions for both parties to agree on any amendments.
What is an Escrow Agreement?
An Escrow Agreement creates a secure three-way arrangement where a trusted third party (the escrow agent) holds assets or funds until specific conditions are met. In Singapore, banks, law firms, and licensed financial institutions commonly serve as escrow agents, especially for high-value transactions like property deals or business acquisitions.
The agreement protects all parties by clearly spelling out the release conditions, handling of funds, and each party's rights and obligations. Under Singapore law, these agreements must follow strict compliance requirements, particularly when involving real estate transactions or cross-border deals regulated by the Monetary Authority of Singapore (MAS).
When should you use an Escrow Agreement?
Use an Escrow Agreement for high-stakes transactions where trust and security are essential. This arrangement proves invaluable when buying property in Singapore, protecting both buyers' down payments and sellers' interests until completion. It's also crucial for mergers and acquisitions, especially when dealing with share transfers or complex business assets.
The agreement becomes particularly important in cross-border deals, technology transfers, or construction projects where staged payments need safeguarding. Singapore businesses often rely on escrow when trading with new international partners, or when large sums need to be held securely during due diligence periods or while waiting for regulatory approvals.
What are the different types of Escrow Agreement?
- Escrow Account Agreement: Standard financial arrangement for holding funds, commonly used in Singapore property transactions and large commercial deals
- Source Code Escrow Agreement: Protects software licensees by securing source code with a third party in case the developer becomes insolvent
- IP Escrow Agreement: Safeguards intellectual property rights during technology transfers or licensing deals
- Escrow Holdback Agreement: Retains portion of purchase price to cover potential post-closing adjustments or indemnification claims
- Escrow Agreement IT Software: Specialized version for IT projects, protecting both software and related documentation
Who should typically use an Escrow Agreement?
- Escrow Agents: Licensed banks, law firms, or financial institutions in Singapore that hold and manage the escrowed assets, ensuring compliance with MAS regulations
- Buyers/Depositors: Parties placing funds or assets in escrow, such as property purchasers or companies acquiring businesses
- Sellers/Beneficiaries: Parties who receive the escrowed assets once conditions are met, like property developers or business owners
- Corporate Lawyers: Draft and review Escrow Agreements, ensuring terms protect all parties and comply with Singapore law
- Financial Institutions: Often involved in monitoring transactions and verifying compliance with release conditions
How do you write an Escrow Agreement?
- Party Details: Gather full legal names, addresses, and registration numbers of all parties, including the chosen escrow agent
- Asset Description: Document precise details of funds, property, or assets being held in escrow, including valuation if applicable
- Release Conditions: Define clear, measurable conditions that trigger the release of escrowed assets
- Timeline: Establish key dates for deposits, conditions fulfillment, and release schedules
- Fee Structure: Confirm escrow agent fees, transaction costs, and who bears these expenses
- Compliance Check: Our platform ensures your agreement meets Singapore's regulatory requirements while minimizing drafting errors
What should be included in an Escrow Agreement?
- Party Identification: Complete legal names, registration numbers, and authorized representatives of all parties involved
- Asset Description: Detailed specification of funds, property, or items held in escrow
- Release Conditions: Clear triggers and requirements for disbursement of escrowed assets
- Agent Duties: Specific responsibilities and powers of the escrow agent under Singapore law
- Fee Structure: Transparent breakdown of all costs, charges, and payment obligations
- Governing Law: Express choice of Singapore law and jurisdiction
- Termination Rights: Conditions for early termination and asset disposition
- Dispute Resolution: Clear mechanism for resolving conflicts under Singapore's arbitration framework
What's the difference between an Escrow Agreement and a Business Acquisition Agreement?
While both Escrow Agreements and Business Acquisition Agreements involve significant transactions, they serve different purposes in Singapore's legal framework. An Escrow Agreement focuses specifically on the secure holding and release of assets by a neutral third party, while a Business Acquisition Agreement covers the entire scope of a business purchase.
- Scope and Purpose: Escrow Agreements deal solely with asset safekeeping and release conditions, while Business Acquisition Agreements cover ownership transfer, warranties, and operational details
- Parties Involved: Escrow requires a neutral third-party agent, while Business Acquisitions typically involve just buyer and seller directly
- Duration: Escrow arrangements usually end once conditions are met and assets released; Business Acquisition Agreements often include ongoing obligations and warranties
- Legal Framework: Escrow Agreements fall under trust and banking regulations in Singapore, while Business Acquisitions primarily operate under corporate and contract law
Download our whitepaper on the future of AI in Legal
骋别苍颈别鈥檚 Security Promise
Genie is the safest place to draft. Here鈥檚 how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; 骋别苍颈别鈥檚 AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
Our bank-grade security infrastructure undergoes regular external audits
We are ISO27001 certified, so your data is secure
Organizational security
You retain IP ownership of your documents
You have full control over your data and who gets to see it
Innovation in privacy:
Genie partnered with the Computational Privacy Department at Imperial College London
Together, we ran a 拢1 million research project on privacy and anonymity in legal contracts
Want to know more?
Visit our for more details and real-time security updates.
Read our Privacy Policy.