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Blocked Account Control Agreement Template for United States

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Key Requirements PROMPT example:

Blocked Account Control Agreement

"Need a Blocked Account Control Agreement for a real estate development project where our lender requires control over the construction loan disbursement account, with provisions for weekly contractor payments and monthly reporting requirements, to be effective from March 1, 2025."

Document background
The Blocked Account Control Agreement (BACA) is a crucial document in secured financing transactions in the United States. It is used when a lender requires control over a borrower's deposit account as collateral. The agreement complies with UCC Article 9 requirements for perfecting security interests in deposit accounts and establishes the mechanism through which the secured party can exercise control over the account. BACAs are commonly used in project finance, asset-based lending, and other secured transactions where cash collateral is a key component of the security package.
Suggested Sections

1. Parties: Identification of Account Bank, Secured Party, and Account Holder

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Account Control: Terms of control over the blocked account

5. Security Interest: Establishment and acknowledgment of security interest

6. Account Operations: Rules for operating the blocked account

7. Bank's Rights and Responsibilities: Obligations and rights of the account bank

8. Termination: Conditions and process for terminating the agreement

Optional Sections

1. Foreign Currency Provisions: Special provisions required when the account holds foreign currency or involves international transactions

2. Securities Account Provisions: Additional terms and conditions applicable when the blocked account contains securities

3. Electronic Access: Terms governing electronic account access and online banking functionality

Suggested Schedules

1. Account Details Schedule: Comprehensive list of all accounts covered by the agreement

2. Authorized Persons Schedule: List of individuals authorized to give instructions regarding the account

3. Notice Details Schedule: Contact information and procedures for notices under the agreement

4. Fee Schedule: Bank's fees for maintaining and servicing the blocked account

5. Form of Notice of Exclusive Control: Template document for implementing exclusive control over 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

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Industries

Uniform Commercial Code (UCC): Key articles include Article 8 (Investment Securities) and Article 9 (Secured Transactions), which are crucial for perfection of security interests and control arrangements in blocked account agreements

Federal Banking Regulations: Encompasses regulations from Federal Reserve, Office of the Comptroller of the Currency (OCC), and Federal Deposit Insurance Corporation (FDIC) requirements for account control and banking operations

Bank Secrecy Act (BSA): Contains anti-money laundering provisions and Know Your Customer (KYC) requirements that must be adhered to in account management

USA PATRIOT Act: Includes customer identification requirements and anti-terrorism provisions that affect account opening and monitoring procedures

Securities Exchange Act of 1934: Relevant when the blocked account contains securities, governing the handling and transfer of securities within the account

Electronic Funds Transfer Act: Regulates electronic transfers and payments, which is relevant for any electronic transactions involving the blocked account

State-Specific Banking Laws: Various state-level banking regulations that may affect account control agreements depending on the state where the account is located

Bankruptcy Code: Federal bankruptcy provisions that ensure the enforceability of the account control agreement in bankruptcy scenarios

Federal Reserve Regulation CC: Governs funds availability and collection of checks, affecting timing and availability of funds in the blocked account

State UCC Variations: State-specific modifications to the Uniform Commercial Code that may affect how the agreement is structured and enforced in different jurisdictions

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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