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Account Bank Agreement Template for United States

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Key Requirements PROMPT example:

Account Bank Agreement

"I need an Account Bank Agreement for a project finance transaction closing in March 2025, where multiple project accounts will be managed by a major US bank with specific requirements for electronic payment authorizations and quarterly reporting."

Document background
The Account Bank Agreement serves as the foundational document governing the banking relationship between financial institutions and their customers in the United States. This agreement is essential when establishing complex banking arrangements, particularly in commercial contexts, and must comply with federal regulations including the UCC, Bank Secrecy Act, and state-specific banking laws. It typically includes detailed provisions on account operation, security measures, electronic banking services, fee structures, and reporting requirements. The agreement is particularly important in structured finance transactions, project finance, and other sophisticated banking arrangements where precise account management and control are crucial.
Suggested Sections

1. Parties: Identifies the account bank, account holder, and any other relevant parties

2. Background: Sets out the context and purpose of the agreement

3. Definitions and Interpretation: Defines key terms and establishes interpretation rules

4. Appointment and Duration: Establishes the bank's appointment and term of the agreement

5. Account Opening and Operation: Details the accounts to be opened and operational procedures

6. Bank's Duties and Responsibilities: Outlines the obligations of the bank

7. Account Holder's Duties and Representations: Sets out the account holder's obligations and warranties

8. Fees and Expenses: Details the fee structure and payment terms

9. Security and Access: Covers account security and authorized access provisions

10. Termination: Specifies termination conditions and procedures

11. Governing Law and Jurisdiction: Specifies applicable law and dispute resolution forum

Optional Sections

1. Electronic Banking Services: Details online banking services if provided

2. Foreign Currency Accounts: Provisions for handling foreign currency accounts and transactions

3. Special Instructions: Specific handling requirements for certain transactions

4. Credit Facilities: Terms for any overdraft or credit facilities

5. Force Majeure: Provisions for handling unforeseen circumstances and external events

Suggested Schedules

1. Account Details Schedule: Lists all accounts covered by the agreement with their specifications

2. Fee Schedule: Detailed breakdown of all applicable fees and charges

3. Authorized Signatories: List of persons authorized to operate the accounts

4. Operating Procedures: Detailed procedures for account operations

5. Service Level Agreement: Specific service standards and performance metrics

6. Forms and Notices: Standard forms and notice templates

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

Clauses





























Relevant Industries

Banking and Financial Services

Corporate

Project Finance

Real Estate

Infrastructure

Relevant Teams

Treasury

Finance

Legal

Compliance

Operations

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Compliance Officer

Corporate Secretary

Industries

UCC Article 4: Federal legislation governing bank deposits and collections, establishing rules for the relationship between banks and their customers regarding deposits, collections, and payment orders

UCC Article 4A: Federal legislation specifically dealing with funds transfers between banks and commercial customers, covering wholesale wire transfers and related banking operations

Bank Secrecy Act (BSA): Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering, including requirements for reporting and record-keeping

USA PATRIOT Act: Federal legislation establishing Know Your Customer (KYC) requirements and enhanced due diligence procedures for financial institutions

Federal Reserve Regulation CC: Regulation implementing the Expedited Funds Availability Act, establishing rules for funds availability and collection of checks

Federal Reserve Regulation D: Regulation establishing reserve requirements for depository institutions and defining types of deposit accounts

Electronic Fund Transfer Act: Federal law establishing the rights, liabilities, and responsibilities of participants in electronic fund transfer systems

Federal Deposit Insurance Act: Law establishing the FDIC and setting forth rules for deposit insurance and bank supervision

Dodd-Frank Act: Comprehensive financial reform legislation affecting banking operations, consumer protection, and financial stability

Gramm-Leach-Bliley Act: Federal law establishing privacy rules for financial institutions and requirements for protecting customer information

State Banking Laws: State-specific regulations governing banking operations, licensing, and consumer protection within individual states

OCC Regulations: Federal banking regulations issued by the Office of the Comptroller of the Currency governing national banks

FDIC Regulations: Regulations governing deposit insurance, bank safety and soundness, and consumer protection

FinCEN Regulations: Financial Crimes Enforcement Network rules governing anti-money laundering compliance and reporting requirements

Truth in Savings Act: Federal law requiring disclosure of terms and conditions for deposit accounts and interest calculations

Fair Credit Reporting Act: Federal law governing the collection, dissemination, and use of consumer credit information

Equal Credit Opportunity Act: Federal law prohibiting discrimination in credit transactions based on various protected characteristics

Cybersecurity Regulations: Federal and state requirements for protecting banking systems and customer data from cyber threats

OFAC Compliance Requirements: Office of Foreign Assets Control regulations requiring screening and blocking of transactions with sanctioned parties

Consumer Financial Protection Bureau Guidelines: Federal guidelines and regulations protecting consumers in their financial transactions and relationships with banks

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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