Delaware Blocked Account Agreement
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How to fill out Blocked Account Agreement?
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FAQ
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.
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 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 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.
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.
Blocked Account Agreement means an agreement among the Borrower, the Agent and a Clearing Bank, in form and substance reasonably satisfactory to the Agent, concerning the collection of payments which represent the proceeds of Accounts or of any other Collateral.
If the borrower defaults on the loan, the lender can assume control over the account and instruct the bank to revoke the borrower's ability to make transactions using funds in the account. Active DACAs, or blocked account control agreements (BACA): Only the lender, not the borrower, can make transactions.