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Account Pledge Agreement Template for England and Wales

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Key Requirements PROMPT example:

Account Pledge Agreement

"I need an Account Pledge Agreement under English law to secure a €50 million facility agreement, where a German subsidiary is pledging its bank accounts held with Deutsche Bank London Branch in favor of a syndicate of lenders, with BNP Paribas acting as security agent."

Document background
An Account Pledge Agreement is utilized when parties wish to create security over bank accounts in England and Wales. This document is commonly employed in financing transactions where lenders require security over cash deposits or operating accounts. The agreement details the specific accounts being pledged, the scope of the security interest, operational controls, and enforcement rights. It must comply with English law requirements for financial collateral arrangements and typically includes provisions for perfection of security through notice to and acknowledgment from the account bank. The document is particularly relevant in project finance, corporate lending, and structured finance transactions.
Suggested Sections

1. Parties: Identification of pledgor, pledgee, and any other relevant parties

2. Background: Context of the pledge arrangement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Creation of Pledge: Terms establishing the security interest over the account

5. Perfection Requirements: Steps required to perfect the security interest

6. Representations and Warranties: Statements of fact by the pledgor regarding the account and authority

7. Covenants: Ongoing obligations of the pledgor

8. Enforcement: Rights and remedies upon default

9. Governing Law and Jurisdiction: Specification of applicable law and courts

Optional Sections

1. Control Agreement Provisions: Required when account bank is different from pledgee - used in multiple bank involvement scenarios

2. Currency Provisions: Provisions for handling multiple currencies in pledged accounts - used when dealing with multi-currency accounts

3. Parallel Debt: Provisions creating direct security interest for security agent - used in syndicated arrangements

Suggested Schedules

1. Account Details: Specific details of pledged accounts including account numbers, types, and banks

2. Form of Notice to Account Bank: Standard form for notifying bank of the creation of the pledge

3. Form of Acknowledgment: Standard form for bank's acknowledgment of the pledge notice

4. Powers of Attorney: Standard form of power of attorney for enforcement purposes

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

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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Financial Collateral Arrangements (No. 2) Regulations 2003: Key regulations implementing the EU Financial Collateral Directive, specifically governing financial collateral arrangements between financial institutions. Essential for account pledge structures.

Law of Property Act 1925: Fundamental legislation that governs property rights and security interests in England and Wales, providing the basic framework for creating and enforcing security interests.

Companies Act 2006: Primary legislation governing company law, particularly relevant for registration of charges and requirements for company execution of documents in pledge agreements.

Banking Act 2009: Legislation governing banking institutions and arrangements involving bank accounts, crucial for understanding the regulatory framework around bank account pledges.

Financial Services and Markets Act 2000: Establishes the overall regulatory framework for financial services in the UK, including requirements that may affect account pledge arrangements.

FCA Regulations: Regulatory requirements set by the Financial Conduct Authority that may impact account pledge arrangements, particularly if regulated activities are involved.

Insolvency Act 1986: Legislation governing insolvency proceedings and their impact on security interests, including the treatment of pledged accounts in insolvency scenarios.

Consumer Credit Act 1974: Relevant legislation if the account pledge arrangement involves consumer accounts or consumer credit relationships.

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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