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Control Agreement Bank Account Template for Australia

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Key Requirements PROMPT example:

Control Agreement Bank Account

"I need a Control Agreement Bank Account for a syndicated facility closing in March 2025, where multiple secured parties require control over three USD-denominated accounts held with an Australian branch of an international bank, with special provisions for automated sweep arrangements."

Document background
The Control Agreement Bank Account is a crucial security document used in Australian financing transactions where a lender or security holder requires control over specific bank accounts as part of their security package. This agreement is particularly important for compliance with the Personal Property Securities Act 2009 (Cth) and establishes the framework for perfecting security interests in bank accounts. It is commonly used in project financing, corporate lending, and other secured financing arrangements where control over cash flows is essential for the security package. The agreement details the rights and obligations of the account bank, account holder, and secured party, including specific protocols for account operation, instruction mechanisms, and the circumstances under which control may be exercised. The document must comply with Australian banking regulations and security laws while providing practical operational procedures for all parties involved.
Suggested Sections

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

2. Background: Explains the context of the security arrangement and references the primary security agreement

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Account Control: Core provisions establishing control over the account and operational procedures

5. Bank's Rights and Obligations: Details the bank's responsibilities, including following instructions and maintaining the account

6. Secured Party's Rights: Specifies the secured party's rights to give instructions and control the account

7. Account Holder's Rights and Restrictions: Outlines the account holder's remaining rights and limitations

8. Instructions and Communications: Procedures for giving and acting on account instructions

9. Fees and Expenses: Addresses banking fees and costs related to the control arrangement

10. Representations and Warranties: Standard representations from all parties regarding authority and capacity

11. Term and Termination: Duration of the agreement and termination procedures

12. General Provisions: Standard boilerplate clauses including notices, amendments, governing law

Optional Sections

1. Multi-Currency Provisions: Include when the controlled account holds multiple currencies

2. Internet Banking Access: Include when online banking access needs to be regulated

3. Sweep Arrangements: Include when there are automated fund transfers to be maintained

4. Priority Arrangements: Include when multiple secured parties have interests in the account

5. Set-off Rights: Include when the bank's set-off rights need to be specifically addressed

6. Force Majeure: Include when specific force majeure provisions are required beyond standard provisions

7. Tax Provisions: Include when specific tax implications need to be addressed

8. Foreign Law Considerations: Include when international elements affect the control arrangement

Suggested Schedules

1. Account Details: Details of the controlled account(s) including account numbers and branches

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

3. Form of Instructions: Template forms for standard instructions under the agreement

4. Notice Details: Contact information and notice requirements for all parties

5. Fee Schedule: Detailed breakdown of applicable bank fees and charges

6. Operating Procedures: Detailed procedures for account operation and instruction processing

7. Form of Release Notice: Template for termination and release of control

8. Existing Security Interests: Details of any existing security interests affecting the account

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions







































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Relevant Industries

Banking and Financial Services

Corporate Lending

Project Finance

Real Estate Finance

Infrastructure

Mining and Resources

Manufacturing

Retail

Technology

Healthcare

Agriculture

Energy and Utilities

Relevant Teams

Legal

Finance

Treasury

Credit

Risk Management

Compliance

Operations

Transaction Management

Corporate Banking

Project Finance

Security Administration

Relevant Roles

Finance Lawyer

Banking Lawyer

Corporate Lawyer

Legal Counsel

Chief Financial Officer

Treasury Manager

Finance Manager

Security Trustee

Facility Agent

Relationship Manager

Credit Manager

Risk Manager

Compliance Officer

Transaction Manager

Project Finance Manager

Industries








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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