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Account Pledge Agreement Template for United States

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Key Requirements PROMPT example:

Account Pledge Agreement

"I need an Account Pledge Agreement for a US-based tech startup pledging its operating accounts to secure a $5M credit facility from Silicon Valley Bank, with the agreement to be effective from March 1, 2025."

Document background
The Account Pledge Agreement is a crucial security document used in financing transactions where bank accounts or securities accounts serve as collateral. This agreement is commonly employed in the United States when a borrower (pledgor) needs to provide security over its accounts to a lender (pledgee) as part of a financing arrangement. The agreement must comply with UCC Article 9 requirements for creating and perfecting security interests, and typically includes detailed provisions regarding account control, pledgor's rights to access the account, and pledgee's enforcement rights upon default. Account Pledge Agreements are particularly important in structured finance, corporate lending, and asset-based lending transactions.
Suggested Sections

1. Parties: Identification of pledgor, pledgee, and any account bank

2. Background: Context of the pledge arrangement and underlying obligations

3. Definitions: Key terms used throughout the agreement including account definitions, security interest, and applicable regulations

4. Pledge and Security Interest: Core provisions establishing the pledge over the account and scope of security interest

5. Perfection and Control: Provisions regarding perfection of security interest and control arrangements

6. Representations and Warranties: Standard pledgor representations regarding account ownership, authority, and compliance with laws

7. Covenants: Ongoing obligations of the pledgor regarding the account maintenance and operations

8. Events of Default: Circumstances triggering enforcement rights under the agreement

9. Enforcement Rights: Pledgee's rights and remedies upon occurrence of an event of default

10. Governing Law: Applicable law, jurisdiction, and enforcement provisions

Optional Sections

1. Control Agreement Provisions: Additional provisions required when account bank is a third party, including control arrangements and notices

2. Securities Account Provisions: Specific provisions for securities accounts including investment property and financial assets

3. Foreign Account Provisions: Additional provisions for foreign accounts including conflict of laws and local requirements

Suggested Schedules

1. Schedule 1 - Account Details: Comprehensive list of all pledged accounts and their details

2. Schedule 2 - Form of Notice: Standard form of notice to be provided to account bank

3. Schedule 3 - Form of Acknowledgment: Standard form of acknowledgment to be obtained from account bank

4. Schedule 4 - UCC Financing Statement: Form of UCC-1 financing statement for perfection of security interest

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

Clauses






























Relevant Industries

Banking

Financial Services

Corporate

Investment Management

Relevant Teams

Legal Department

Treasury

Finance

Risk Management

Compliance

Relevant Roles

Chief Financial Officer

Treasury Manager

Corporate Counsel

Finance Director

Risk Manager

Industries

UCC Article 9: Uniform Commercial Code Article 9 governs secured transactions, including creation, perfection, and priority of security interests in personal property

UCC Article 8: Uniform Commercial Code Article 8 regulates investment securities and the rights and obligations of parties in securities transactions

UCC Article 4: Uniform Commercial Code Article 4 covers bank deposits and collections, including rights and obligations in banking transactions

Securities Exchange Act of 1934: Federal law governing securities trading and brokerage, relevant when securities accounts are involved in the pledge

Federal Deposit Insurance Act: Establishes the FDIC and provides framework for deposit insurance and banking regulations

Bank Secrecy Act: Requires financial institutions to assist government agencies in detecting and preventing money laundering

USA PATRIOT Act: Contains customer identification requirements and anti-money laundering provisions affecting account relationships

State UCC Variations: State-specific modifications to the Uniform Commercial Code that may affect pledge agreements in particular jurisdictions

State Banking Regulations: State-specific rules governing banking operations and secured transactions within the state

State Securities Regulations: State-specific securities laws (Blue Sky Laws) that may affect pledges involving securities accounts

Federal Reserve Regulation CC: Governs availability of funds and collection of checks in banking system

Federal Reserve Regulation D: Establishes reserve requirements for depository institutions and defines types of accounts

Bankruptcy Code Chapter 11: Provisions affecting secured interests in bankruptcy proceedings, including automatic stay and creditor rights

Truth in Lending Act: Consumer protection law requiring disclosure of key terms and costs in lending agreements

CFPB Regulations: Consumer Financial Protection Bureau regulations protecting consumers in financial transactions

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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