Escrow Account Agreement

Escrow Account Agreement Template for United States

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Key Requirements PROMPT example:

"I need an Escrow Account Agreement for a real estate development project in California, where the escrow agent will hold and disburse construction funds in phases based on project milestones to be completed by March 2025."

Document background

The Escrow Account Agreement is a crucial document used when there is a need for a neutral third party to hold and manage funds or assets on behalf of other parties until specified conditions are met. This agreement type is commonly utilized in various transactions including real estate deals, mergers and acquisitions, construction projects, and international trade. The document, governed by U.S. federal and state laws, must comply with various regulations including the Bank Secracy Act, USA PATRIOT Act, and state-specific escrow requirements. It typically includes detailed provisions for account management, investment guidelines, disbursement conditions, and the escrow agent's duties. The agreement is particularly important in situations where parties need assurance that funds or assets will be properly managed and distributed according to predetermined conditions.

Suggested Sections

1. Parties: Identifies all parties to the agreement including the depositor(s), beneficiary(ies), and escrow agent

2. Background: Explains the context and purpose of the escrow arrangement and the intention of the parties

3. Definitions: Defines key terms used throughout the agreement

4. Appointment of Escrow Agent: Formally establishes the escrow agent's role and acceptance of appointment

5. Escrow Deposits: Details the nature, timing, and process for deposits into the escrow account

6. Escrow Agent's Duties and Responsibilities: Outlines the specific obligations and responsibilities of the escrow agent

7. Investment of Escrow Funds: Specifies how escrow funds will be held and any permitted investments

8. Disbursement Instructions: Details the conditions and procedures for releasing escrow funds

9. Fees and Expenses: Specifies the escrow agent's compensation and allocation of expenses

10. Liability and Indemnification: Addresses the escrow agent's liability limitations and indemnification provisions

11. Term and Termination: Specifies the duration of the agreement and termination procedures

12. Notices: Sets forth the procedures for formal communications between parties

13. Governing Law and Jurisdiction: Specifies the applicable law and jurisdiction for dispute resolution

14. General Provisions: Contains standard boilerplate provisions including amendments, assignment, and severability

Optional Sections

1. Security Procedures: Details specific security measures for electronic or digital transactions - include when electronic transfers are part of the arrangement

2. Tax Reporting: Specifies tax reporting obligations - include when the escrow arrangement has tax implications

3. Dispute Resolution: Details specific procedures for resolving disputes - include when parties prefer alternative dispute resolution methods

4. Compliance with Regulations: Addresses specific regulatory requirements - include when dealing with regulated industries or specific compliance requirements

5. Joint Instructions: Procedures for handling joint instructions from multiple parties - include when there are multiple depositors or beneficiaries

6. Force Majeure: Addresses circumstances beyond parties' control - include when dealing with long-term or complex escrow arrangements

Suggested Schedules

1. Schedule A - Fee Schedule: Detailed breakdown of all fees and charges applicable to the escrow service

2. Schedule B - Authorized Signatories: List of individuals authorized to give instructions regarding the escrow account

3. Schedule C - Form of Notice: Standard forms for various notices required under the agreement

4. Schedule D - Investment Guidelines: Specific parameters for permitted investments of escrow funds

5. Appendix 1 - KYC Requirements: Documentation requirements for Know Your Customer compliance

6. Appendix 2 - Operating Procedures: Detailed procedures for day-to-day operation of the escrow account

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Banking and Financial Services

Real Estate

Corporate Finance

Mergers and Acquisitions

Construction

International Trade

Technology and Software

Healthcare

Energy and Infrastructure

Private Equity

Legal Services

Insurance

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Operations

Corporate Secretariat

Business Development

Account Management

Transaction Services

Trust Services

Relevant Roles

Chief Financial Officer

Treasury Manager

Escrow Officer

Compliance Officer

Legal Counsel

Risk Manager

Transaction Manager

Real Estate Manager

Corporate Secretary

Finance Director

Banking Relationship Manager

Trust Officer

Operations Manager

Account Manager

Contract Administrator

Find the exact document you need

Escrow Account Contract

A U.S.-governed agreement establishing terms for holding and disbursing funds through a regulated escrow account arrangement.

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Authors

Alex Denne

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Source Code Escrow Agreement