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Escrow Account Agreement
"I need an Escrow Account Agreement for a real estate development project in Mumbai, where construction milestone completions will trigger the release of funds to the developer, with State Bank of India as the escrow agent, to be effective from March 2025."
1. Parties: Identification of all parties: Depositor, Beneficiary, and Escrow Agent (typically a bank)
2. Background: Context of the agreement, purpose of the escrow arrangement, and reference to the underlying transaction
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment of Escrow Agent: Formal appointment of the escrow agent and acceptance of appointment
5. Escrow Account Establishment: Details of the escrow account setup, account specifications, and initial deposit requirements
6. Deposit Terms: Terms governing the deposit of funds into the escrow account
7. Release Conditions: Specific conditions that must be met for the release of escrow funds
8. Escrow Agent's Duties: Detailed responsibilities and obligations of the escrow agent
9. Fees and Expenses: Escrow agent's fees, charges, and expense reimbursement terms
10. Representations and Warranties: Statements of fact and promises made by each party
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: Applicable law and courts having jurisdiction
14. Notices: Process and requirements for formal communications between parties
15. Miscellaneous: Standard boilerplate provisions including amendments, assignments, and severability
1. Anti-Money Laundering Compliance: Additional provisions for enhanced AML compliance, required when dealing with high-value transactions or high-risk parties
2. Foreign Exchange Provisions: Required when the escrow arrangement involves foreign currency or cross-border transactions
3. Digital Documentation: Provisions for electronic signatures and digital documentation, needed when agreement execution is digital
4. Interest on Escrow Funds: Terms regarding interest earned on escrow funds, included when interest-bearing accounts are used
5. Dispute Resolution: Detailed arbitration or mediation procedures, recommended for high-value or complex arrangements
6. Force Majeure: Provisions for unforeseen circumstances, recommended for long-term escrow arrangements
1. Schedule 1 - Escrow Account Details: Specific details of the escrow account including account number, bank branch, and account type
2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms
3. Schedule 3 - Release Instructions: Step-by-step procedures for requesting and processing fund releases
4. Schedule 4 - Authorized Representatives: List of authorized signatories and their specimen signatures
5. Schedule 5 - KYC Requirements: List of required KYC documents and compliance requirements
6. Appendix A - Forms: Standard forms for deposit instructions, release requests, and other routine communications
Authors
Banking and Financial Services
Real Estate
Construction
Information Technology
Manufacturing
International Trade
Mergers and Acquisitions
Infrastructure
Energy
Telecommunications
Legal
Finance
Compliance
Treasury
Corporate Affairs
Risk Management
Project Management
Commercial
Banking Operations
Transaction Advisory
Chief Financial Officer
Legal Counsel
Compliance Officer
Treasury Manager
Finance Director
Corporate Lawyer
Banking Relationship Manager
Project Finance Manager
Transaction Advisory Manager
Risk Manager
Company Secretary
Account Manager
Financial Controller
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