Collateral Account Control Agreement for India

Collateral Account Control Agreement Template for India

A Collateral Account Control Agreement under Indian law is a tripartite agreement that establishes control over specified bank accounts as part of a secured financing arrangement. The agreement, governed by Indian law including the SARFAESI Act and Banking Regulation Act, creates a mechanism whereby the secured party can take control of the account(s) upon specified events, typically a default under the related financing. It details the rights and obligations of the account holder, secured party, and account bank, including operational procedures, notice requirements, and control mechanisms compliant with Indian banking regulations.

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What is a Collateral Account Control Agreement?

A Collateral Account Control Agreement is a crucial security document used in secured financing transactions in India where bank accounts serve as collateral. This agreement is typically executed alongside primary financing documents and creates a security interest in favor of the lender over specified bank accounts. It's particularly important in project finance, working capital facilities, and structured finance transactions where cash flow control is essential for security. The agreement must comply with Indian banking regulations, the SARFAESI Act, and related financial laws. It establishes the mechanism for the secured party to take control of the accounts upon specified triggers, while balancing the operational needs of the account holder during normal business operations. The document includes detailed provisions for account operation, control rights, and the procedure for implementing exclusive control.

What sections should be included in a Collateral Account Control Agreement?

1. Parties: Identifies and defines the three main parties: Account Holder, Secured Party, and Account Bank

2. Background: Explains the context of the agreement, including reference to any underlying credit facility and security arrangements

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

4. Account Control and Security: Establishes the control arrangement over the account and confirms the security interest

5. Rights and Obligations of Account Bank: Details the Account Bank's duties, including handling of instructions and maintaining the account

6. Rights and Obligations of Secured Party: Specifies the Secured Party's rights to give instructions and exercise control

7. Rights and Obligations of Account Holder: Outlines the Account Holder's rights and restrictions regarding the account

8. Notice of Exclusive Control: Procedures for implementing exclusive control by the Secured Party upon specified events

9. Representations and Warranties: Standard representations and warranties from all parties

10. Account Operations: Detailed procedures for operating the account, including instructions and confirmations

11. Fees and Expenses: Details of fees payable to the Account Bank and allocation of expenses

12. Indemnification: Indemnification obligations of the parties, particularly to the Account Bank

13. Term and Termination: Duration of the agreement and circumstances for termination

14. Miscellaneous: Standard boilerplate provisions including notices, amendments, governing law, etc.

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

1. Foreign Exchange Provisions: Required when the account may hold foreign currency or involve cross-border transactions

2. Electronic Banking Arrangements: Needed when parties will use electronic banking systems for account access and operations

3. Multiple Account Provisions: Required when the control arrangement covers multiple accounts

4. Regulatory Compliance: Specific provisions required for regulated entities or specialized industries

5. Investment Provisions: Needed when the account may hold investments or securities

6. Subordination Provisions: Required when there are multiple secured parties with different priorities

What schedules should be included in a Collateral Account Control Agreement?

1. Account Details: List and details of all controlled accounts

2. Authorized Signatories: List of authorized persons who can give instructions for each party

3. Form of Notice of Exclusive Control: Template for the notice triggering exclusive control

4. Operating Procedures: Detailed procedures for account operations and instructions

5. Fee Schedule: Detailed breakdown of Account Bank's fees and charges

6. Form of Amendments: Standard forms for adding or removing accounts from the agreement

7. Notice Details: Contact details and notice requirements for all parties

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

India

Publisher

Genie AI

Document Type

Security Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking

Financial Services

Infrastructure

Manufacturing

Real Estate

Energy

Telecommunications

Healthcare

Information Technology

Retail

Logistics

Mining

Agriculture

Education

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Banking

Credit

Operations

Transaction Management

Project Finance

Structured Finance

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Legal Counsel

Compliance Officer

Credit Risk Manager

Relationship Manager

Security Trustee

Facility Agent

Account Manager

Transaction Manager

Corporate Banking Officer

Project Finance Manager

Structured Finance Manager

Risk Management Officer

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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