Collateral Account Agreement for Canada

Collateral Account Agreement Template for Canada

A Collateral Account Agreement under Canadian law is a crucial document that establishes control over and security interests in specified bank accounts and related assets. The agreement operates within the framework of federal banking laws and provincial personal property security legislation, particularly the Personal Property Security Act (PPSA) in common law provinces or the Civil Code in Quebec. It details the rights and obligations of the account holder, secured party, and account bank, including account control mechanisms, operational procedures, and enforcement rights upon default. The agreement is essential for secured lending transactions where bank accounts serve as collateral.

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What is a Collateral Account Agreement?

The Collateral Account Agreement is a fundamental document in secured financing transactions under Canadian law, used when a lender requires security over bank accounts as part of its collateral package. This agreement becomes necessary in various scenarios, including project financing, corporate lending, and structured finance transactions where control over cash flows is crucial. It operates within the framework of the Bank Act (Canada) and provincial personal property security legislation, establishing the mechanisms for control over accounts, defining the rights and obligations of all parties, and setting out procedures for operation and enforcement. The agreement typically covers account maintenance, control rights, permitted withdrawals, and enforcement procedures, while ensuring compliance with Canadian banking regulations and security laws. It's particularly important in transactions where cash management and account control are critical components of the security package.

What sections should be included in a Collateral Account Agreement?

1. Parties: Identifies all parties to the agreement including the account holder, secured party, and account bank

2. Background: Explains the context of the agreement and references any related credit or security agreements

3. Definitions: Defines key terms used throughout the agreement, including types of accounts, security interest, and relevant banking terms

4. Grant of Security Interest: Establishes the security interest in the collateral account(s) and related assets

5. Account Control: Specifies the control arrangements and authority over the account(s), including operational controls and signing authorities

6. Rights and Obligations of the Account Bank: Details the account bank's responsibilities, including handling instructions and maintaining the account

7. Representations and Warranties: Contains standard representations regarding authority, ownership, and account status

8. Covenants: Specifies ongoing obligations regarding account maintenance, reporting, and permitted activities

9. Events of Default: Lists circumstances constituting default and triggering enforcement rights

10. Enforcement Rights: Details the secured party's rights upon default, including account access and disposition of funds

11. Fees and Expenses: Addresses payment of bank fees and other costs related to the account

12. Notices: Specifies how and where notices must be delivered

13. Term and Termination: Sets out the duration of the agreement and termination procedures

14. General Provisions: Contains standard boilerplate provisions including governing law, amendments, and assignment

What sections are optional to include in a Collateral Account Agreement?

1. Securities Account Provisions: Additional provisions for accounts holding securities or investment property, used when the collateral includes securities accounts

2. Foreign Currency Accounts: Special provisions for accounts in multiple currencies, included when foreign currency accounts are part of the collateral

3. Subsidiary Accounts: Provisions for handling multiple sub-accounts or subsidiary account structures, used in complex account arrangements

4. Internet Banking Services: Provisions regarding online access and electronic banking services, included when online banking access is required

5. Set-off Rights: Specific provisions regarding set-off rights among parties, included when set-off is a material consideration

6. Third Party Agreements: Provisions regarding relationships with other creditors or third parties, used when there are intercreditor arrangements

7. Tax Provisions: Special tax-related provisions, included when tax implications are material to the arrangement

What schedules should be included in a Collateral Account Agreement?

1. Schedule of Accounts: Lists all accounts covered by the agreement, including account numbers and types

2. Authorized Signatories: Lists individuals authorized to give instructions regarding the accounts

3. Form of Notice of Exclusive Control: Template notice to be used when secured party assumes exclusive control of accounts

4. Fee Schedule: Details of bank fees and charges applicable to the accounts

5. Form of Account Statement: Template for required account reporting and statements

6. Operating Procedures: Detailed procedures for account operation and instruction delivery

7. Form of Amendment: Template for adding or removing accounts from the agreement

Authors

Alex Denne

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

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Security Agreement

Cost

Free to use
Relevant legal definitions
Relevant Industries

Banking

Financial Services

Investment Management

Commercial Lending

Corporate Finance

Asset Management

Private Equity

Real Estate

Infrastructure

Manufacturing

Retail

Energy

Mining

Technology

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Operations

Credit

Corporate Banking

Transaction Management

Account Management

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Corporate Lawyer

Banking Lawyer

Relationship Manager

Credit Manager

Risk Manager

Compliance Officer

Account Manager

Security Trustee

Transaction Manager

Corporate Secretary

Financial Controller

Operations Manager

Industries
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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