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Zero Balance Account Agreement Template for United States

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Key Requirements PROMPT example:

Zero Balance Account Agreement

"Need a Zero Balance Account Agreement for our multinational retail company with operations in 12 states, setting up a master account with our primary bank (Wells Fargo) and 15 sub-accounts for our regional operations, to be implemented by March 2025."

Document background
The Zero Balance Account Agreement is essential for organizations seeking efficient cash management and improved liquidity control. This document is commonly used in the United States when companies need to consolidate funds from multiple accounts while maintaining separate accounts for operational purposes. The agreement establishes the framework for automated daily sweeps, defines the relationship between master and sub-accounts, and ensures compliance with federal banking regulations and state laws. It's particularly valuable for organizations with complex banking structures requiring centralized fund management while maintaining decentralized operations.
Suggested Sections

1. Parties: Identifies the financial institutions involved in the ZBA arrangement

2. Background: Explains the purpose of establishing the ZBA relationship

3. Definitions: Defines key terms used throughout the agreement including master account, sub-accounts, target balance, and sweep mechanisms

4. Account Structure: Details the relationship between master and sub-accounts, including account hierarchy and operational flow

5. Transfer Mechanisms: Specifies how and when transfers occur between accounts, including sweep timing and procedures

6. Fees and Charges: Outlines all applicable fees and service charges for maintaining and operating the ZBA structure

7. Term and Termination: Specifies agreement duration, renewal terms, and conditions for termination

8. Representations and Warranties: Standard representations and warranties from both parties regarding authority and compliance

9. Confidentiality: Provisions regarding the treatment of confidential information exchanged between parties

Optional Sections

1. International Transfers: Provisions for handling cross-border transactions and currency conversions in multi-country ZBA structures

2. Special Processing Instructions: Custom handling requirements for specific transactions or account management procedures

3. Overdraft Provisions: Terms governing the handling of insufficient funds situations and any associated credit facilities

4. Electronic Banking Services: Terms relating to online banking access and electronic reporting services

Suggested Schedules

1. Schedule A - Account Details: Comprehensive list of all participating accounts, their designations (master/sub-account), and relationship structure

2. Schedule B - Fee Schedule: Detailed breakdown of all applicable fees, charges, and pricing terms

3. Schedule C - Operating Procedures: Detailed technical specifications for account operations, including cut-off times and processing schedules

4. Appendix 1 - Authorized Signatories: List of persons authorized to operate the accounts and their respective authority levels

5. Appendix 2 - Service Level Agreement: Specific performance metrics, service standards, and reporting requirements

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

Corporate Treasury

Retail Chains

Healthcare Organizations

Educational Institutions

Relevant Teams

Treasury Department

Finance Department

Accounting Team

Legal Department

Operations Team

Relevant Roles

Treasury Manager

Chief Financial Officer

Controller

Cash Management Director

Banking Relationship Manager

Industries

Federal Reserve Act: Primary federal legislation governing banking institutions in the US, establishing the Federal Reserve System and basic banking operations framework

Bank Secrecy Act (BSA): Requires financial institutions to assist government agencies in detecting and preventing money laundering, including reporting requirements for cash transactions

Federal Deposit Insurance Act: Governs the operation of the FDIC and establishes deposit insurance requirements for banking institutions

Regulation CC: Implements the Expedited Funds Availability Act, governing funds availability and collection of checks

Regulation D: Establishes reserve requirements for depository institutions and governs monetary policy implementation

USA PATRIOT Act: Enhances anti-money laundering requirements and establishes additional customer identification procedures for financial institutions

Electronic Fund Transfer Act (EFTA): Establishes the basic rights, liabilities, and responsibilities of consumers who use electronic fund transfer services

Regulation E: Implements the Electronic Fund Transfer Act, providing a basic framework for establishing rights, liabilities, and responsibilities of electronic fund transfer services

NACHA Rules: Operating rules for the ACH Network, governing electronic payments and automated clearing house transactions

Truth in Savings Act: Requires depository institutions to disclose terms and conditions of interest-bearing accounts to consumers

Regulation DD: Implements the Truth in Savings Act, requiring uniform disclosure of terms and conditions of interest-bearing accounts

Uniform Commercial Code (UCC): Particularly Articles 4 and 4A, governing bank deposits, collections, and funds transfers in commercial transactions

Gramm-Leach-Bliley Act (GLBA): Requires financial institutions to explain their information-sharing practices and protect sensitive customer data

State Banking Laws: Various state-specific regulations governing banking operations, funds transfers, and consumer protection within individual states

Consumer Financial Protection Bureau Regulations: Federal regulations designed to ensure fair, transparent, and competitive financial services market for consumers

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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