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Sweep Account Agreement Template for United States

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Key Requirements PROMPT example:

Sweep Account Agreement

"Need a Sweep Account Agreement for our corporate banking client that automatically transfers excess funds above $500,000 from operating accounts to a money market investment account, with daily sweeps to be implemented from March 2025."

Document background
The Sweep Account Agreement is essential for establishing automated fund management arrangements in the United States banking system. This contract type is commonly used when account holders wish to maximize returns on idle funds or maintain specific account balances through automated transfers. The agreement must comply with U.S. federal banking regulations, including Regulation D, the Bank Secrecy Act, and state-specific banking laws. It typically details transfer mechanisms, timing, investment options (if applicable), fees, and risk disclosures while ensuring compliance with all relevant U.S. banking and securities regulations.
Suggested Sections

1. Parties: Identifies the financial institution and account holder(s)

2. Background: Explains the purpose of the sweep arrangement and basic structure

3. Definitions: Defines key terms including sweep account, target balance, source account, investment options

4. Sweep Arrangement: Details of how the sweep mechanism works, timing, and transfer procedures

5. Fees and Charges: Outlines all applicable fees, charges, and interest calculations

6. Account Holder Responsibilities: Details obligations and responsibilities of the account holder

7. Bank Responsibilities: Outlines the bank's obligations and service commitments

8. Termination: Conditions and procedures for ending the sweep arrangement

Optional Sections

1. Investment Options: Details of available investment vehicles for swept funds - used when sweep includes investment products

2. Multiple Account Provisions: Rules for handling multiple linked accounts - used when multiple accounts are involved in sweep arrangement

3. International Transfers: Provisions for international sweep arrangements - used when sweep involves cross-border transfers

4. Business Day Processing: Specific timing of sweep processes - used when precise timing requirements exist

Suggested Schedules

1. Fee Schedule: Detailed breakdown of all fees and charges

2. Sweep Processing Schedule: Timing details for sweep operations

3. Investment Product Details: Specific information about investment options if applicable

4. Account Details Schedule: List of all accounts involved in sweep arrangement

5. Risk Disclosure Statement: Required disclosures for investment-related sweeps

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

Clauses






























Relevant Industries

Banking

Investment Services

Corporate Treasury

Financial Technology

Relevant Teams

Treasury

Finance

Legal

Operations

Compliance

Relevant Roles

Treasury Manager

Cash Management Officer

Banking Relationship Manager

Financial Controller

Chief Financial Officer

Industries

Federal Reserve Regulation D: Governs reserve requirements and limits on certain types of withdrawals and transfers from savings and money market accounts

Federal Reserve Act: Primary law governing the Federal Reserve System and banking operations in the United States

Bank Secrecy Act: Requires financial institutions to assist government agencies in detecting and preventing money laundering

Federal Deposit Insurance Act: Governs the operation of the FDIC and establishes deposit insurance requirements

Securities Act of 1933: Regulates the offer and sale of securities and requires full disclosure of material information

Securities Exchange Act of 1934: Governs securities secondary market trading and establishes the SEC

Investment Company Act of 1940: Regulates investment companies, including mutual funds that may be used in sweep arrangements

Truth in Savings Act (Regulation DD): Requires clear disclosure of terms and conditions for deposit accounts, including interest rates and fees

Electronic Fund Transfer Act (Regulation E): Establishes rights, liabilities, and responsibilities of parties in electronic funds transfers

USA PATRIOT Act: Requires financial institutions to verify customer identity and monitor transactions for suspicious activity

State Banking Regulations: State-specific laws governing banking operations and consumer protection within individual states

FDIC Insurance Requirements: Rules governing deposit insurance coverage and limits for sweep account arrangements

OCC Regulations: Office of the Comptroller of the Currency rules governing national banks and federal savings associations

FINRA Rules: Financial Industry Regulatory Authority regulations governing broker-dealers and investment products in sweep arrangements

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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