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Blocked Account Agreement Template for New Zealand

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Key Requirements PROMPT example:

Blocked Account Agreement

"I need a Blocked Account Agreement under New Zealand law for a renewable energy project where project revenues will be held in a restricted account with ANZ Bank, requiring joint authorization from both the project company and lender's agent for any withdrawals."

Document background
The Blocked Account Agreement is commonly used in various financial and commercial transactions where funds need to be held securely with controlled access. This agreement type is particularly relevant in project finance, escrow arrangements, or security packages where funds must be ring-fenced for specific purposes. Under New Zealand law, it provides a robust framework for establishing and operating accounts where funds can only be withdrawn under predetermined conditions or with specific authorizations. The agreement addresses requirements under New Zealand's financial services legislation, including the Financial Markets Conduct Act 2013 and banking regulations, while providing clarity on the rights and obligations of the account bank, account holder, and any security agent or beneficiary. It typically includes detailed provisions for account operation, withdrawal mechanisms, bank's rights and duties, and termination procedures.
Suggested Sections

1. Parties: Identifies all parties to the agreement including the Account Bank, Account Holder, and any Security Agent or Beneficiary

2. Background: Sets out the context and purpose of the blocked account arrangement

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Account Establishment: Details of the blocked account(s) to be established and maintained

5. Operation of the Account: Rules governing the operation of the account, including authorized signatories and permitted transactions

6. Restrictions on Withdrawals: Specific conditions and restrictions on withdrawals from the blocked account

7. Bank's Rights and Obligations: The rights, duties, and obligations of the Account Bank

8. Account Holder's Representations and Warranties: Standard representations and warranties from the Account Holder

9. Security Interest: Creation and perfection of security interest over the account if applicable

10. Fees and Expenses: Bank's fees and allocation of expenses

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

12. Notices: How formal notices between parties should be given

13. General Provisions: Standard boilerplate provisions including governing law, jurisdiction, amendments

Optional Sections

1. Security Agent Provisions: Additional provisions when a security agent is involved, defining their rights and powers

2. Multi-Currency Provisions: Additional provisions for accounts holding multiple currencies

3. Internet Banking: Provisions relating to online access and management of the account

4. AML/KYC Requirements: Specific provisions relating to anti-money laundering and know-your-customer requirements

5. Tax Provisions: Specific provisions relating to tax withholding and reporting if relevant

6. Force Majeure: Provisions dealing with extraordinary events affecting account operation

Suggested Schedules

1. Account Details: Specific details of the blocked account(s) including account numbers and currencies

2. Authorized Signatories: List of authorized signatories and signing requirements

3. Fee Schedule: Detailed breakdown of bank's fees and charges

4. Form of Payment Instruction: Template for payment instructions from the account

5. Notice Details: Contact details for all parties for formal notices

6. Conditions for Release: Specific conditions that must be met for funds to be released from 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 & Financial Services

Infrastructure

Project Finance

Real Estate

Construction

Energy

Mining

International Trade

Private Equity

Venture Capital

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Banking

Project Finance

Transaction Management

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Legal Counsel

Compliance Officer

Project Finance Manager

Transaction Manager

Security Trustee

Relationship Manager

Credit Risk Manager

Account Manager

Corporate Banking 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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