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Bank Account Control Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Bank Account Control Agreement

"I need a Bank Account Control Agreement for a Hong Kong subsidiary of a US tech company, where multiple USD and HKD accounts will be subject to control by a syndicate of lenders, with the agreement to be effective from March 1, 2025."

Document background
A Bank Account Control Agreement is commonly used in secured financing transactions where a lender requires control over a borrower's bank accounts as collateral security. This document is essential in Hong Kong financing arrangements where the perfection of security interests over bank accounts is required. It establishes the mechanism by which a secured party can exercise control over specified accounts, defining when and how such control can be implemented, while ensuring compliance with Hong Kong banking regulations and security laws. The agreement is particularly important in project finance, acquisition finance, and general corporate lending transactions where account security is a key component of the security package. It includes detailed provisions for account operation, control mechanisms, and the rights and obligations of all parties involved.
Suggested Sections

1. Parties: Identifies the three parties: Account Holder, Secured Party, and Account Bank

2. Background: Explains the context of the agreement, including reference to any underlying security agreement

3. Definitions and Interpretation: Defines key terms and interpretation rules

4. Account Control and Security: Establishes the control arrangement and security interest over the account(s)

5. Bank's Rights and Responsibilities: Sets out the obligations and rights of the bank regarding the controlled account

6. Operating Procedures: Details the procedures for operating the account, including instructions and authorizations

7. Notice of Exclusive Control: Procedures for implementing exclusive control by the secured party

8. Representations and Warranties: Standard representations by all parties

9. Fees and Expenses: Bank's fees and expense reimbursement provisions

10. Indemnification: Indemnities provided to the bank and other parties

11. Term and Termination: Duration of the agreement and termination procedures

12. Notices: Communication procedures between parties

13. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, amendments

Optional Sections

1. Multiple Account Provisions: Additional provisions when multiple accounts are subject to control

2. Foreign Currency Accounts: Special provisions for accounts held in foreign currencies

3. Electronic Banking Provisions: Provisions regarding electronic banking services and online access

4. Regulatory Compliance: Specific compliance requirements for regulated entities

5. Intercreditor Provisions: Provisions dealing with multiple secured parties

6. Force Majeure: Provisions dealing with extraordinary events affecting account control

7. Special Instructions: Any specific instructions for particular types of transactions

Suggested Schedules

1. Schedule 1 - Account Details: List and details of all controlled accounts

2. Schedule 2 - Authorized Signatories: List of authorized signatories for each party

3. Schedule 3 - Form of Notice of Exclusive Control: Template for secured party to establish exclusive control

4. Schedule 4 - Operating Procedures: Detailed procedures for account operation and control

5. Schedule 5 - Fee Schedule: Bank's fees for maintaining the control agreement

6. Schedule 6 - Form of Termination Notice: Template for termination notices

7. Appendix A - Initial Instructions: Any specific instructions agreed at the outset of the agreement

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









































Clauses
































Relevant Industries

Banking

Financial Services

Corporate Lending

Investment Banking

Asset Management

Private Equity

Manufacturing

Real Estate

Infrastructure

Technology

Retail

Healthcare

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Banking Operations

Transaction Management

Security and Collateral Management

Account Management

Client Relations

Relevant Roles

Legal Counsel

Finance Director

Treasury Manager

Chief Financial Officer

Relationship Manager

Credit Risk Manager

Security Trustee

Facility Agent

Compliance Officer

Banking Operations Manager

Account Manager

Transaction Manager

Senior Legal Counsel

Banking Lawyer

Finance Manager

Industries







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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