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Bank Account Pledge Agreement Template for England and Wales

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Key Requirements PROMPT example:

Bank Account Pledge Agreement

"I need a Bank Account Pledge Agreement under English law to secure our company's USD and EUR accounts held with HSBC Bank plc in favor of a syndicate of lenders, with Deutsche Bank acting as security agent, to be executed by March 2025."

Document background
A Bank Account Pledge Agreement is commonly used in secured lending transactions where lenders require security over a borrower's cash deposits. The agreement establishes the pledgee's security interest over specified bank accounts, setting out the terms for control, operation, and enforcement. Under English and Welsh law, these agreements benefit from the Financial Collateral Arrangements Regulations, providing efficient enforcement mechanisms and protection against insolvency proceedings. The document typically includes detailed provisions on account operation restrictions, enforcement triggers, and the mechanics of executing the security.
Suggested Sections

1. Parties: Identification of pledgor, pledgee (bank), and account bank

2. Background: Context of the pledge agreement and underlying obligations

3. Definitions: Key terms used throughout the agreement including Account, Security Interest, Secured Obligations

4. Creation of Pledge: Terms establishing the security interest over the account and scope of security

5. Perfection Requirements: Steps required to perfect the security interest including notices and registrations

6. Representations and Warranties: Standard pledgor representations regarding authority, ownership and account status

7. Covenants: Ongoing obligations of the pledgor regarding the account maintenance and operations

8. Enforcement: Rights and procedures upon default including realization of security

9. Governing Law and Jurisdiction: Choice of law and dispute resolution provisions under English law

Optional Sections

1. Control Agreement Provisions: Additional provisions required when account bank is different from pledgee bank

2. Currency Provisions: Specific provisions for handling multiple currencies in pledged accounts

3. Parallel Debt: Provisions creating parallel payment obligation when security agent structure is used

Suggested Schedules

1. Form of Notice to Account Bank: Template notice to be sent to account bank informing of the pledge

2. Form of Acknowledgment: Template acknowledgment to be signed by account bank

3. Details of Pledged Accounts: Schedule listing all affected accounts with full account details

4. Form of Control Agreement: Template agreement for cases involving third-party account banks

Authors

Alex Denne

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

Relevant legal definitions






























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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Financial Collateral Arrangements (No. 2) Regulations 2003: Key regulation implementing EU Financial Collateral Directive that governs creation and enforcement of security over cash in bank accounts, providing simplified enforcement procedures

Law of Property Act 1925: Establishes fundamental principles regarding creation and enforcement of security interests and requirements for legal charges

Companies Act 2006: Governs registration requirements for company charges, corporate authority requirements, and filing obligations at Companies House

Banking Act 2009: Contains provisions affecting banks and banking arrangements, including special resolution regime considerations

Insolvency Act 1986: Regulates impact on enforcement rights, priority of claims, and insolvency procedures

UNCITRAL Model Law on Cross-Border Insolvency: Provides framework for dealing with cross-border insolvency issues when international aspects are involved

FCA/PRA Regulations: Regulatory compliance requirements applicable when regulated entities are involved in the transaction

Payment Services Regulations 2017: Regulatory framework applicable when payment accounts are involved in the pledge arrangement

Principles of Equity and Trust Law: Common law principles regarding creation of security interests and fiduciary obligations

Contract Law Fundamentals: Basic principles of contract formation including offer, acceptance, consideration, and intention to create legal relations

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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