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Escrow Account Agreement Template for India

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Key Requirements PROMPT example:

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."

Document background
The Escrow Account Agreement is essential for transactions requiring secure handling of funds through a trusted third party. This document is commonly used in India for various business transactions including real estate deals, mergers and acquisitions, project financing, and international trade. The agreement outlines the mechanism for fund deposits, specific release conditions, and the escrow agent's responsibilities, while ensuring compliance with Indian regulatory requirements. It provides security to all parties by establishing clear terms for fund management and release, incorporating necessary provisions from Indian banking laws, financial regulations, and RBI guidelines. The document is particularly crucial when substantial funds need to be held securely pending the fulfillment of specified conditions or obligations.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

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Relevant Industries

Banking and Financial Services

Real Estate

Construction

Information Technology

Manufacturing

International Trade

Mergers and Acquisitions

Infrastructure

Energy

Telecommunications

Relevant Teams

Legal

Finance

Compliance

Treasury

Corporate Affairs

Risk Management

Project Management

Commercial

Banking Operations

Transaction Advisory

Relevant Roles

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

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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