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Deposit Control Agreement Template for Ireland

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Key Requirements PROMPT example:

Deposit Control Agreement

"I need a Deposit Control Agreement under Irish law for a renewable energy project, where Bank of Ireland will act as the Account Bank and Green Energy Finance Ltd as the Control Agent, to be effective from March 1, 2025."

Document background
A Deposit Control Agreement is a crucial security document used in Irish financing transactions where deposit accounts serve as collateral. This agreement is typically employed when a lender or security holder requires direct control over a borrower's bank accounts, either for general security purposes or in specific project finance scenarios. The document establishes the mechanism by which the Control Agent can exercise control over the deposit accounts, details the operational procedures for account management, and sets out the rights and obligations of all parties involved. It must comply with Irish banking regulations, financial services laws, and consumer protection requirements where applicable. The agreement is particularly important in structured finance transactions, project financings, and other secured lending arrangements where account control is a key element of the security package.
Suggested Sections

1. Parties: Identifies and defines the Depositor, Account Bank, and Control Agent/Secured Party

2. Background: Sets out the context of the agreement, including reference to any related financing arrangements

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Establishment of Control: Establishes the Control Agent's authority over the deposit account

5. Account Operation: Details the operational procedures for managing the account

6. Control Agent's Rights and Instructions: Specifies the Control Agent's rights and the procedure for giving instructions

7. Depositor's Rights and Restrictions: Outlines the Depositor's permitted activities and limitations

8. Bank's Rights and Obligations: Sets out the Account Bank's responsibilities and protections

9. Representations and Warranties: Contains standard representations and warranties from all parties

10. Notice Requirements: Details the procedures for giving notices under the agreement

11. Fees and Expenses: Addresses the payment of fees and expenses

12. Term and Termination: Specifies the duration and termination provisions

13. Miscellaneous: Contains standard boilerplate provisions

14. Governing Law and Jurisdiction: Specifies Irish law as governing law and jurisdiction

Optional Sections

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

2. Currency Provisions: Specific provisions for handling multiple currencies

3. Regulatory Compliance: Additional provisions addressing specific regulatory requirements

4. Interest Provisions: Provisions dealing with interest earned on the controlled accounts

5. Investment Provisions: Provisions regarding permitted investments of deposited funds

6. Electronic Banking Provisions: Specific provisions for electronic banking services and security

7. Intercreditor Provisions: Provisions addressing relationships with other creditors if applicable

Suggested Schedules

1. Account Details: Schedule listing all controlled accounts and their details

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

3. Form of Notice: Standard form of notices to be used under the agreement

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

5. Fee Schedule: Details of fees payable to the Account Bank

6. Form of Instruction: Standard form for Control Agent instructions

7. Permitted Investments: List of permitted investments if applicable

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

Asset Management

Investment Banking

Private Equity

Commercial Real Estate

Infrastructure Finance

Project Finance

Corporate Treasury

Relevant Teams

Legal

Finance

Treasury

Banking Operations

Compliance

Risk Management

Corporate Banking

Transaction Management

Security Administration

Account Services

Relevant Roles

Finance Director

Treasury Manager

Corporate Banker

Relationship Manager

Legal Counsel

Compliance Officer

Security Trustee

Account Manager

Credit Risk Manager

Operations Manager

Transaction Manager

Corporate Finance Manager

Banking Operations Officer

Security Administrator

Project 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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