Generally speaking, a lender who perfects the interest of covering a deposit by “control”: deposit – United States An account to which a financial asset is or can be credited under an agreement, under which the financial institution that maintains the account undertakes to treat the person for whom the account is held as a beneficiary. . Law Dictionary Account â€” a record of a business transaction. If you buy something on credit, the company you`re dealing with creates an account. This means that it establishes a record of what you buy and what you pay. You`re going to do the same with all the customers you to. Financial and business conditions Mortgaged deposit control agreements exist in all forms and sizes, and it is necessary to have a fundamental understanding of what you need to pay attention to when reviewing these agreements, so that you may have an idea of what you should pay attention to. These agreements are generally between the owner/Pledgor (“Pledgor”) of the deposit (“deposit”), the securities intermediary (i.e. the broker or bank with which the deposit is held, “broker”) and the lender (“lender”). There is a wide range of business risks that arise from some of the existing sector control agreement forms and, as securities are increasingly part of the collateral for commercial loans, we felt this was a dignified issue for bank lending managers and staff. (b) obtain a three-party written control agreement, signed by the Pledgor, the broker and the lender, which contains an appropriate “control language” (see below). Another method of “control” is the designation of the deposit in the name of the lender (which other method may be problematic and which does not fall within the scope of this article).
We are pleased to welcome back Attorney Bennett Cohen from the law firm of Cohen, Salk and Huvard, P.C of Illinois. As a guest blogger! In the coming weeks, Mr. Cohen will share his expertise in control agreements for mortgaged deposits. Account Control Agreement – An agreement that allows a creditor to perfect a creditor`s interest in a deposit and allow securities to remain registered in the owner`s name. An account control agreement is used to justify a security interest which is the. . Financial and Commercial Conditions Warranty Documents – United States Also known as security documents. Loan documents in a secured credit transaction that ensure the borrower`s obligations to the lender under the loan agreement. Warranty documents include all documents that have a security interest. . Dictionary of law The Code provides that the acquisition of “control” of a deposit is the preferred method for perfecting a securities interest for a deposit.
A secured party can also further its security interest by filing a UCC funding statement against the Pledgor that covers the deposit, but such a UCC submission is prepared by a secure party who takes “control” of the deposit.