Instructions – An instruction to the bank that manages the sale of funds in the account. A security interest in accounts can be perfected by taking control of the account. Almost all of the borrower`s accounts will be with your bank – you have control of it, and nothing else can be needed for perfection. Account control generally includes the following important provisions: during its due diligence process, the lender should request information about the custodian banks from which the borrower`s deposit accounts are held, the purpose of each account and the amount of cash the borrower holds in each account. A secure party has control of a deposit account if: This agreement is „an agreement between the bank and its client that regulates the deposit account” within the meaning of UCC 9-304 (b). The provision of the bank`s jurisdiction for the purposes of the Single Code of Commerce in this agreement is the control in the event of a conflict between that agreement and any other agreement between the bank and its client that governs [the account]. A borrower`s statement that the account is a „deposit account” is a perfect security interest – When executing the DACA, an advanced security interest is granted to the secure party, which allows the borrower, under the Single Code of Commerce, to obtain exclusive rights to control the debtor`s deposit account. Active Deposit Account Control Agreement – A control agreement that orders the bank to accept the instructions of the secured party (not the debtor). First, there are two types of account control agreements: assets and liabilities.
A deposit account control agreement (DACA), also known as a control agreement, is a tripartite agreement between a deposit client (the debtor), a client`s lender (the guaranteed party) and a bank. For the reciprocity account, you will need an authenticated registration, as indicated by the UCC. This can be done through an account-keeping agreement. The agreement gives you the lender „control” over the account and your security interest is perfect. If the secure part is also the bank in which the deposit account is held, the UCC finds that the insured party automatically has a „control” over the account. If the account is held in a bank, which is not the insured party, an insured party may obtain „control” of that account by having the account in its own name (i.e. the account of the insured party with the depository bank) in favour of the debtor or, more generally, by entering into a „control agreement” in which the custodian bank accepts that it respects the instructions it has given to the insured party the fund in question without further approval from the debtor. Regions have a centralized and experienced account control team that can offer a number of benefits to lenders and clients as well as their law firms. The establishment of a deposit account control agreement allows lenders to upgrade their interest on a debtor`s deposit account (UCC No. 9-104) and to define the disposition instructions (transfer instructions) addressed to the bank with respect to the controlled account or accounts.
A problem could arise if the control agreement and the „customer agreement” between the custodian bank and the debtor as a customer in connection with the opening of the account explicitly provided for a specific but different jurisdiction for the purposes of the UCC as the bank`s jurisdiction, as any agreement would be „an agreement between the bank and its client for the deposit account”. The same problem could arise if neither the control agreement nor the customer agreement explicitly provides for the bank`s competence, but any such agreement provides that it is subject to the law of a specific but different jurisdiction.