Model Form Deposit Account Control Agreement

Custodian banks should have an experienced in-house team responsible for implementing all AACs. Relationship officers should not implement CAAs, but they should be informed of the importance of sending DACA applications through the DACA Depositing Institute`s Preparation, Verification, and Execution Protocol. As long as DACA is carefully prepared and properly negotiated by the depository institution`s lawyer, the incorrect implementation of a DACA is the primary source of risk for a custodian institution. The deposit-taking institution must ensure that all necessary checks have been carried out on the corresponding current accounts and that the storage facility is ready and able to implement and implement all the instructions it receives within the deadlines set by DACA. In particular, small deposit banks should be alert to the absence of key personnel and have safeguard procedures in place so that daCA instructions are always implemented immediately. For example, if the deposit-issuing institution does not respond to a lender`s notification requiring exclusive control of current accounts within the time limits prescribed by DACA, the deposit-taking institution could be held liable by the borrower for any withdrawal from current accounts made by the borrower after the introduction of sole control. DACA are tripartite agreements between a lender (often referred to as an insured party), a borrower, and a deposit-take institution. The purpose of a DACA is to allow a lender to take control of its borrower`s deposit accounts held with a deposit institution other than the lender, allowing the lender to fine-lending its security interests on deposit accounts. Some CADs are structured in such a way that the lender has exclusive control of the deposit accounts immediately after the execution of the DACA. Other DACAs allow the borrower to access, withdraw, and transfer funds on deposit accounts until the lender tells the custodian institution that the lender takes sole control and the borrower no longer has the right to access, withdraw, or transfer funds from deposit accounts. .

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