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Deposit Account Control Agreement Fees Template for United States

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Key Requirements PROMPT example:

Deposit Account Control Agreement Fees

"Need a Deposit Account Control Agreement Fees document for a large commercial bank acting as depositary bank, with specific provisions for cryptocurrency transaction monitoring fees and quarterly fee adjustments starting March 2025."

Document background
The Deposit Account Control Agreement Fees document is utilized when parties need to formalize the cost structure associated with maintaining a controlled deposit account arrangement. This document becomes necessary when a secured party requires control over a deposit account as collateral, and the depositary bank needs to establish its compensation for providing these control services. The agreement ensures compliance with U.S. banking regulations and UCC requirements while clearly defining the financial obligations of all parties involved. It typically includes detailed fee schedules, payment terms, and service specifications.
Suggested Sections

1. Parties: Identifies the depositary bank, secured party, and account holder

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

3. Definitions: Key terms used throughout the agreement including relevant banking and security terms

4. Fee Structure: Detailed breakdown of all applicable fees and charges for account control services

5. Payment Terms: Timing and method of fee payments, including invoicing procedures and payment windows

6. Term and Termination: Duration of agreement and conditions for termination or modification of fee arrangements

Optional Sections

1. Fee Adjustments: Provisions for periodic fee adjustments and rate changes, typically included in long-term agreements

2. Special Services: Additional services and associated fees beyond standard account control services

3. Foreign Currency Provisions: Specific provisions for handling foreign currency transactions and associated fee calculations

Suggested Schedules

1. Fee Schedule: Detailed listing of all fees and charges applicable to the account control services

2. Service Level Agreement: Specific service standards and related fee implications

3. Account Details Schedule: List of specific accounts covered by the agreement and any account-specific fee arrangements

4. Notice Requirements Schedule: Contact information, notification procedures, and related administrative fees

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 and Financial Services

Commercial Lending

Corporate Finance

Investment Services

Relevant Teams

Treasury

Legal

Finance

Compliance

Operations

Relevant Roles

Treasury Manager

Credit Officer

Banking Operations Manager

Relationship Manager

Compliance Officer

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 in deposit accounts

Federal Reserve Regulation CC: Governs funds availability and collection of checks, essential for deposit account operations

Federal Deposit Insurance Act: Provides the framework for deposit insurance and banking operations regulations

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

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

State Banking Laws: State-specific regulations governing banking operations and secured transactions that vary by jurisdiction

Truth in Savings Act: Consumer protection law requiring disclosure of terms and conditions for deposit accounts

Electronic Fund Transfer Act: Establishes rights, liabilities, and responsibilities of participants in electronic fund transfer systems

Federal Reserve Regulation E: Implements the Electronic Fund Transfer Act, providing a framework for electronic banking transactions

U.S. Bankruptcy Code: Ensures enforceability of control agreements in bankruptcy scenarios and interfaces with UCC Section 9-312

Federal Reserve Operating Circular 7: Governs book-entry securities and related banking operations

USA PATRIOT Act: Mandates customer identification requirements and anti-money laundering provisions for financial institutions

Dodd-Frank Act: Provides comprehensive financial reform including regulations affecting bank accounts and fee structures

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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