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Tripartite Agreement For Escrow Account
"I need a Tripartite Agreement For Escrow Account under Pakistani law for a real estate development project, where ABC Developers (depositor) will deposit PKR 500 million with National Bank of Pakistan (escrow agent) for release to XYZ Construction (beneficiary) upon completion of specific construction milestones by March 2025."
1. Parties: Identification and details of the three parties: depositor, beneficiary, and escrow agent
2. Background: Context of the agreement, purpose of the escrow arrangement, and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment of Escrow Agent: Formal appointment of the escrow agent and acceptance of the role
5. Escrow Account Establishment: Details of the escrow account setup, account type, and initial deposit requirements
6. Deposits and Management: Procedures for depositing funds, maintaining the account, and handling of funds
7. Release Conditions: Specific conditions that must be met for the release of escrow funds
8. Release Mechanism: Procedures for releasing funds, including required authorizations and documentation
9. Rights and Obligations: Detailed responsibilities and rights of each party
10. Fees and Expenses: Escrow agent's fees and allocation of costs
11. Representations and Warranties: Standard representations and warranties from each party
12. Indemnification: Indemnification obligations between parties
13. Term and Termination: Duration of the agreement and termination provisions
14. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and jurisdiction details
15. Notices: Communication procedures between parties
16. Miscellaneous: Standard boilerplate provisions including amendments, assignments, and severability
1. Anti-Money Laundering Compliance: Additional provisions for AML compliance - required if dealing with large sums or international transfers
2. Foreign Exchange Provisions: Required when the escrow involves foreign currency or international transactions
3. Digital Transaction Procedures: Required when the agreement involves online banking or electronic fund transfers
4. Interest Provisions: Details about interest earning and distribution if the escrow account is interest-bearing
5. Dispute Resolution: Detailed dispute resolution procedures - recommended for high-value transactions
6. Force Majeure: Provisions for unforeseen circumstances - recommended for long-term arrangements
7. Confidentiality: Required when dealing with sensitive commercial information
8. Sub-Agents: Required when the escrow agent needs authority to appoint sub-agents
1. Schedule 1 - Account Details: Specific details of the escrow account, including account number and bank branch
2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees and charges
3. Schedule 3 - Release Instructions: Specific format and requirements for release instructions
4. Schedule 4 - Authorized Signatories: List of authorized signatories for each party with specimen signatures
5. Schedule 5 - Required Documents: List of documents required for various operations under the agreement
6. Appendix A - KYC Requirements: Know Your Customer documentation requirements
7. Appendix B - Operating Procedures: Detailed procedures for day-to-day operation of the escrow account
8. Appendix C - Communication Templates: Standard forms and templates for communications between parties
Authors
Banking and Financial Services
Real Estate and Construction
Information Technology
Manufacturing
Infrastructure Development
International Trade
Mergers and Acquisitions
Project Finance
Energy and Utilities
Telecommunications
Legal
Finance
Compliance
Treasury
Project Management
Risk Management
Corporate Banking
Commercial
Procurement
Company Secretarial
Chief Financial Officer
Legal Counsel
Finance Director
Compliance Officer
Project Manager
Treasury Manager
Corporate Banking Officer
Risk Manager
Commercial Director
Contract Manager
Company Secretary
Banking Relationship Manager
Transaction Advisory Manager
Real Estate Manager
Procurement Manager
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