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Escrow Disbursement Agreement
"I need an Escrow Disbursement Agreement for a real estate transaction in Mumbai, India, where the buyer will deposit INR 50 crore into an escrow account with HDFC Bank, with funds to be released in three installments by March 2025 upon completion of specific construction milestones."
1. Parties: Identifies all parties to the agreement including the depositor(s), beneficiary(ies), and the escrow agent
2. Background: Explains the context and purpose of the escrow arrangement and the underlying transaction
3. Definitions: Defines key terms used throughout the agreement
4. Appointment of Escrow Agent: Formal appointment of the escrow agent and acceptance of the role
5. Escrow Amount and Deposit: Details of the escrow amount and the mechanism for depositing funds into escrow
6. Escrow Account: Specifications regarding the establishment and maintenance of the escrow account
7. Disbursement Instructions: Detailed procedures and conditions for disbursement of escrow funds
8. Escrow Agent's Duties and Responsibilities: Comprehensive list of the escrow agent's obligations and standard of care
9. Fees and Expenses: Details of the escrow agent's fees and allocation of expenses
10. Indemnification: Provisions for indemnifying the escrow agent and other parties as applicable
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Notices: Communication procedures and contact details for all parties
13. Governing Law and Jurisdiction: Specifies Indian law as governing law and jurisdiction for disputes
14. Miscellaneous: Standard boilerplate provisions including amendments, severability, and counterparts
1. Investment of Escrow Funds: Include when parties agree to invest idle escrow funds, specifying permitted investments and allocation of returns
2. Digital Transaction Procedures: Include when electronic transfers or digital signatures will be used for transactions
3. Foreign Exchange Provisions: Include when the escrow involves foreign currency or cross-border elements
4. Dispute Resolution: Include when parties want specific arbitration or mediation procedures
5. Force Majeure: Include when parties want specific provisions for handling unforeseen circumstances
6. Confidentiality: Include when transaction involves sensitive information requiring specific confidentiality obligations
7. Anti-Money Laundering Compliance: Include when transaction size or nature requires specific AML procedures
8. Joint and Several Liability: Include when multiple depositors or beneficiaries are involved
9. Step-In Rights: Include when certain parties need rights to take over or redirect disbursement instructions under specific circumstances
1. Schedule 1 - Escrow Account Details: Banking details and account specifications
2. Schedule 2 - Fee Schedule: Detailed breakdown of escrow agent's fees and charges
3. Schedule 3 - Disbursement Schedule: Timeline and conditions for planned disbursements
4. Schedule 4 - Required Documents: List of documents required for various disbursement conditions
5. Schedule 5 - Authorized Signatories: List of persons authorized to give instructions
6. Appendix A - Form of Disbursement Request: Standard format for requesting disbursements
7. Appendix B - Form of Release Notice: Standard format for authorizing releases
8. Appendix C - Compliance Certificates: Templates for various compliance certificates
9. Appendix D - KYC Requirements: List of required KYC documents and procedures
Authors
Banking and Financial Services
Real Estate
Construction
Information Technology
Manufacturing
Infrastructure
Mergers and Acquisitions
Private Equity
International Trade
Energy
Telecommunications
Healthcare
Education
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Secretarial
Banking Operations
Project Management
Transaction Advisory
Due Diligence
Chief Financial Officer
Legal Counsel
Compliance Officer
Treasury Manager
Finance Director
Project Manager
Transaction Manager
Risk Manager
Company Secretary
Banking Relationship Manager
Financial Controller
Corporate Finance Manager
Legal Director
Escrow Operations Manager
Due Diligence Officer
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