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Collateral Account Agreement Template for England and Wales

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Key Requirements PROMPT example:

Collateral Account Agreement

"Need a Collateral Account Agreement for a syndicated loan facility where multiple lenders require security over a USD cash account held with Barclays Bank, to be effective from March 2025."

Document background
A Collateral Account Agreement is essential in secured financing transactions where cash or securities are held as collateral. Used extensively in England and Wales, this agreement establishes the legal framework for maintaining and operating secured accounts, defining the rights and obligations of all parties involved. The document typically supports broader financing arrangements and ensures compliance with English financial regulations and security laws. It includes detailed provisions for account operation, security interests, enforcement rights, and default remedies, making it a crucial document in secured lending and investment transactions.
Suggested Sections

1. Parties: Identifies all parties to the agreement including the account holder, security holder, and account bank

2. Background: Explains the context and purpose of the agreement, including reference to any related facility agreements

3. Definitions and Interpretation: Defines key terms and establishes interpretation rules for the agreement

4. Account Establishment: Details of the collateral account(s), including account numbers and types

5. Security Interest: Creation and perfection of security interest over the account

6. Operation of Accounts: Rules governing deposits, withdrawals, and account management

7. Rights and Obligations: Responsibilities of each party regarding the account

8. Events of Default: Circumstances constituting default and consequences

9. Enforcement: Rights and procedures following an event of default

10. Representations and Warranties: Standard representations by parties

Optional Sections

1. Investment Provisions: Rules for investing account balances - used when account allows for investment of funds

2. Multi-currency Provisions: Rules for handling multiple currencies - used when account holds multiple currencies

3. Interest Provisions: Terms for interest calculation and payment - used when interest is payable on account balances

4. Control Agreement Provisions: Terms regarding control over the account - used when third-party control arrangements are required

Suggested Schedules

1. Account Details Schedule: Specific details of all accounts covered by the agreement

2. Authorized Signatories: List of persons authorized to operate the account

3. Notice Forms: Template forms for various notices under the agreement

4. Fee Schedule: Details of any fees payable for account maintenance

5. Operating Procedures: Detailed procedures for account operation and management

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 Services and Markets Act 2000: Primary UK legislation governing financial services regulation, including the framework for financial collateral arrangements and the activities of financial institutions

Companies Act 2006: Core company law legislation affecting corporate entities' ability to enter into collateral arrangements and create security interests

Financial Collateral Arrangements (No.2) Regulations 2003: Specific regulations governing financial collateral arrangements, including requirements for perfection and enforcement of security interests

Banking Act 2009: Legislation governing banking institutions and their operations, including provisions relevant to collateral arrangements

Insolvency Act 1986: Key legislation dealing with insolvency proceedings and the treatment of security interests in insolvency scenarios

Enterprise Act 2002: Legislation affecting enforcement of security and insolvency proceedings, including provisions on administrative receivership

Law of Property Act 1925: Fundamental property law legislation affecting creation and enforcement of security interests over property

UK Security Financial Collateral Arrangements (Amendment etc.) (EU Exit) Regulations 2019: Post-Brexit regulations adapting EU-derived collateral arrangements rules for UK law

European Union (Withdrawal) Act 2018: Framework for retained EU law in UK post-Brexit, affecting interpretation of financial services regulations

UNIDROIT Convention on Substantive Rules for Intermediated Securities: International convention providing rules for intermediated securities, relevant for cross-border collateral arrangements

Money Laundering Regulations 2017: Regulations governing anti-money laundering requirements for financial institutions and transactions

Proceeds of Crime Act 2002: Legislation dealing with money laundering and proceeds of crime, affecting due diligence requirements in financial arrangements

UK General Data Protection Regulation: Post-Brexit data protection regulation governing the processing of personal data in financial arrangements

Data Protection Act 2018: UK legislation implementing and supplementing data protection requirements, including provisions relevant to financial services

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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