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Escrow Agreement To Hold Funds
"I need an Escrow Agreement To Hold Funds for a UAE real estate transaction where Emirates NBD will act as Escrow Agent to hold AED 5 million from the property buyer until completion of construction in March 2025."
1. Parties: Identifies and defines all parties to the agreement: Escrow Agent, Depositor, and Beneficiary
2. Background: Explains the context and purpose of the escrow arrangement and the underlying transaction
3. Definitions: Defines key terms used throughout the agreement
4. Appointment of Escrow Agent: Formal appointment and acceptance of the Escrow Agent's role and responsibilities
5. Escrow Funds: Defines the funds to be held in escrow, including amount, currency, and source
6. Escrow Account: Details of the escrow account, including maintenance and administration
7. Release Conditions: Specific conditions that must be met for the release of escrow funds
8. Release Mechanism: Process and procedures for releasing funds from escrow
9. Escrow Agent's Duties: Comprehensive list of Escrow Agent's obligations and responsibilities
10. Fees and Expenses: Details of Escrow Agent's fees and allocation of costs
11. Liability and Indemnification: Limitations of Escrow Agent's liability and indemnification provisions
12. Term and Termination: Duration of the agreement and circumstances for termination
13. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes
14. Notices: Process and requirements for formal communications between parties
15. General Provisions: Standard boilerplate clauses including amendments, severability, and entire agreement
1. Anti-Money Laundering Compliance: Specific provisions for AML compliance, required if dealing with international transfers or high-value transactions
2. Interest on Escrow Funds: Provisions regarding interest earned on escrow funds, if applicable
3. Dispute Resolution: Detailed dispute resolution procedures, including mediation or arbitration, if preferred over court proceedings
4. Force Majeure: Provisions for unforeseen circumstances affecting the escrow arrangement
5. Replacement of Escrow Agent: Procedures for replacing the Escrow Agent if necessary
6. Electronic Communications: Provisions for electronic communications and digital signatures if relevant
7. Confidentiality: Specific confidentiality obligations if sensitive information is involved
8. Multiple Currencies: Provisions for handling multiple currencies if applicable
9. Joint Instructions: Procedures for joint instructions from multiple parties if relevant
1. Schedule 1 - Escrow Account Details: Banking details and account information for the escrow account
2. Schedule 2 - Fee Schedule: Detailed breakdown of Escrow Agent's fees and charges
3. Schedule 3 - Release Notice Form: Template form for requesting release of escrow funds
4. Schedule 4 - Authorized Signatories: List of authorized signatories for each party
5. Schedule 5 - KYC Requirements: List of required Know Your Customer documentation
6. Schedule 6 - Release Conditions Documentation: Forms and requirements for evidencing satisfaction of release conditions
7. Appendix A - Communication Protocols: Detailed procedures for communications between parties
8. Appendix B - Compliance Requirements: Specific compliance requirements under UAE law
Authors
Banking & Financial Services
Real Estate & Property Development
Construction & Infrastructure
International Trade
Corporate Services
Legal Services
Investment & Private Equity
Technology & Software
Manufacturing & Industrial
Professional Services
Legal
Finance
Compliance
Treasury
Operations
Risk Management
Commercial
Corporate Secretariat
Business Development
Banking Relations
Chief Financial Officer
Legal Counsel
Compliance Officer
Finance Director
Treasury Manager
Corporate Lawyer
Transaction Manager
Banking Relationship Manager
Escrow Officer
Risk Manager
Company Secretary
Commercial Director
Business Development Manager
Operations Manager
Financial Controller
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