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Security Account Control Agreement
"I need a Security Account Control Agreement under Malaysian law for a project finance transaction where multiple USD and MYR accounts will be held with HSBC Malaysia, with the security to be effective from March 1, 2025."
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
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
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
Banking
Financial Services
Corporate Lending
Asset Management
Investment Banking
Commercial Banking
Private Equity
Infrastructure Finance
Project Finance
Real Estate Finance
Legal
Finance
Treasury
Compliance
Banking Operations
Credit Risk
Corporate Finance
Project Finance
Transaction Management
Security Administration
Finance Director
Treasury Manager
Legal Counsel
Security Trustee
Facility Agent
Compliance Officer
Banking Operations Manager
Credit Risk Manager
Transaction Manager
Security Agent
Project Finance Manager
Corporate Finance Manager
Chief Financial Officer
Banking Relationship Manager
Legal Operations Manager
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