District of Columbia Blocked Account Agreement
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FAQ
Deposit Account Control Agreement (DACA) ? A tri-party agreement among a customer (debtor), a secured party (lender) and a bank that allows the lender to perfect a security interest in the customer's funds by taking control of the deposit account (UCC § 9-104).
The more common ?springing? control agreement provides that the borrower can access the deposit account(s) until the lender delivers a notice of exclusive control to the depository bank. Generally, such a notice can be given by the lender only if the borrower is in default under the underlying loan.
A ?blocked? control agreement provides that the borrower will have no access to the funds in the deposit account(s) and that the lender will have complete control over the funds.
The securities account control agreement enables the secured party to obtain control over the security entitlement, and therefore the securities account, and so enables its security interest in the securities account to be perfected (UCC § 9-106).
A blocked account generally refers to a financial account that has some limitations or restrictions placed upon it, temporarily or permanently. Accounts may be blocked or limited for a variety of reasons, including internal bank policies, external regulations, or via a court order or legal decision.
A depository institution that enters into a DACA is incurring significant obligations to both the secured party and its depositor customer. Failure by a depository institution to fulfill its obligations can diminish the value of the lender's deposit account collateral.
A cash management agreement is similar to a DACA, in that it provides for lender control over a specific bank account. Like with a DACA, generally a lender will have the unilateral right to terminate a cash management agreement upon notice to both borrower and cash management bank, usually 30 days.
What is a Deposit Account Control Agreement? When businesses borrow funds, their lenders have options for protecting against the risks of extending credit. For lenders who accept collateral from a borrower, one way to manage risk is through a Deposit Account Control Agreement or DACA.
