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Account Control Agreement Collateral Generator for Singapore

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Key Requirements PROMPT example:

Account Control Agreement Collateral

"Need an Account Control Agreement Collateral under Singapore law for a syndicated loan facility closing on March 15, 2025, where the account holder will retain limited access to the account for operational expenses until an event of default occurs."

Document background
The Account Control Agreement Collateral is essential in secured financing transactions under Singapore law where bank accounts serve as collateral. It is typically used in conjunction with security agreements, facility agreements, or other financing documents. The agreement ensures the secured party has sufficient control over the collateral account to perfect its security interest and enables enforcement in case of default. This document is particularly important in Singapore's financial center, where it provides clarity on the rights and obligations of all parties involved in account-based collateral arrangements.
Suggested Sections

1. Parties: Identifies the secured party, debtor, and account bank as parties to the agreement

2. Background: Explains the context of the agreement, including reference to any related security or credit agreements

3. Definitions: Defines key terms used throughout the agreement including Account, Security Interest, Control, etc.

4. Control of Account: Establishes the control arrangements over the account and the mechanism for exercising control

5. Rights and Obligations of Account Bank: Details the account bank's duties, responsibilities, and standard of care

6. Security Interest: Describes the security interest being created and perfection requirements

7. Events of Default: Lists circumstances that trigger enforcement rights and control mechanisms

8. Representations and Warranties: Contains representations and warranties from all parties regarding their authority and capacity

9. Termination: Sets out conditions and process for terminating the agreement

10. Miscellaneous: Contains standard boilerplate provisions including governing law, jurisdiction, and notices

Optional Sections

1. Blocked Account Provisions: Used when the account is to be fully blocked, preventing the debtor from accessing the account

2. Springing Control Provisions: Provisions specifying when and how control rights spring into effect upon specified trigger events

3. Investment Provisions: Provisions governing the investment of funds held in the account and permitted investments

4. Account Statements and Reporting: Requirements for regular reporting and account statements if beyond standard banking practices

Suggested Schedules

1. Schedule 1 - Account Details: Contains specific details of the controlled account(s) including account numbers and account type

2. Schedule 2 - Authorized Persons: List of persons authorized to give instructions regarding the account

3. Schedule 3 - Form of Notice: Template for notices to be given under the agreement including Notice of Exclusive Control

4. Schedule 4 - Fee Schedule: Details of fees payable to the account bank for maintaining the account and complying with instructions

5. Schedule 5 - Operating Procedures: Detailed procedures for operation of the account and execution of instructions

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





























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Industries

Securities and Futures Act (Cap. 289): Primary legislation governing securities, futures, and financial markets in Singapore, crucial for understanding the regulatory framework for financial collateral arrangements

Companies Act (Cap. 50): Key legislation governing corporate entities in Singapore, particularly Section 131 regarding registration of charges and security interests

Banking Act (Cap. 19): Fundamental legislation regulating banking institutions and banking operations in Singapore, relevant for account control arrangements

Personal Data Protection Act 2012: Legislation governing the collection, use, and disclosure of personal data, important for handling account information

Insolvency, Restructuring and Dissolution Act 2018: Laws governing insolvency proceedings and creditor rights, crucial for understanding enforcement rights in default scenarios

Security Interest Laws: Legal framework governing the creation, perfection, and enforcement of security interests over financial assets and accounts

MAS Guidelines: Regulatory guidelines issued by the Monetary Authority of Singapore affecting financial institutions and security arrangements

MAS Notice 626: Specific guidelines on Prevention of Money Laundering and Countering the Financing of Terrorism that must be considered in account arrangements

UCP 600: Uniform Customs and Practice for Documentary Credits, relevant if the arrangement involves letters of credit

SWIFT Regulations: Rules governing international payment messaging and transfer systems that may be relevant to the account control mechanism

Singapore Contract Law: Common law principles governing contract formation, interpretation, and enforcement in Singapore

Singapore Equity Principles: Equitable principles relating to security interests and financial arrangements under Singapore law

Control Requirements: Specific requirements for establishing and maintaining control over collateral accounts under Singapore law

Priority Rules: Rules determining the priority of competing security interests and claims over the collateral account

Account Bank Obligations: Legal requirements and responsibilities of the account bank in maintaining and operating controlled accounts

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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