Florida Blocked Account Agreement
Description
How to fill out Blocked Account Agreement?
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FAQ
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.
Blocked accounts restrict account owners from unlimited and unrestricted use of their funds in that account. 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.
Types of deposit account control agreements Active DACAs, or blocked account control agreements (BACA): Only the lender, not the borrower, can make transactions.
Primarily, there are two types of deposit account control agreements: active and passive.
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).
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.
In a DACA, a borrower grants a lender a security interest in their specific account with a bank. This enables a lender to have overarching control over the distribution of funds for their loan, and provides some protection for the lender, in case of borrower default.