Securities Account Control Agreement
Control agreements for mortgaged title accounts exist in all shapes and sizes, and it is necessary to have a fundamental understanding of what you should pay attention to when reviewing these agreements, so that you may be able to take a look at what you should pay attention to. These agreements are generally between the owner/pledgor (“Pledgor”) of the Securities Account, the securities intermediary (i.e.dem broker or bank in which the securities account is held, the “broker”) and the lender (“Lender”). There are a large number of business risks arising from some of the existing sector control agreements, and as title accounts are increasingly part of collateral for commercial loans, we felt that this was a dignified issue for bank loan managers and employees. The code provides that “control” of a securities account is the preferred method for developing a securities interest in a securities account. An insured party may also enhance its security interest by filing a UCC funding statement against the Pledgor covering the title account, but such a UCC bid is being established by an insured party that takes “control” of the securities account. A UCC submission is a useful method of perfection for lenders who have a second primary interest in a title account and cannot obtain a subordinate “control” over such an account, either because the primary lender or broker do not allow such subordinated securities interest. Generally speaking, a lender that perfects an interest in a title account through “control” must be: we are pleased to welcome lawyer Bennett Cohen of the law firm Cohen, Salk and Huvard, P.C. as a guest blogger! In the coming weeks, Mr. Cohen will share his expertise on the control agreements for mortgaged title accounts. b) obtain a tripartite written control agreement signed by the Pledgor, the broker and the lender and containing an appropriate “control language” (see below). Another method of “control” is to securitize the title account on behalf of the lender (which other method may be problematic and not fall within the scope of this article). Be sure to check next week, as Mr. Cohen continues to dive into the mortgaged title account control agreements.
Looking for more educational resources? Visit the First Corporate Solutions resource library to download documents on business transactions, UCC submissions, pledge fees and more. (a) enter into a written security agreement executed by the mortgaged pledgor of the title account; and review of problems related to the control agreements of the underlying title accounts – Introduction The issuer provided the agent with a fully executed fiduciary account control agreement, under which the custodian agreed to comply with all the agent`s instructions regarding the accounts without further approval from the issuer. On the reference date, the issuer will result in the proceeds from the issuance of the bonds being delivered to the custodian in accordance with the securities account control agreement. Let`s first briefly examine the steps in developing an interest in securities in an investment property title account under revised section 9 of the Single Code of Commerce (the “code”).