Springing Deposit Account Control Agreement

It is important to note that when we talk about DACA, it means that it can be of two types, one is a “blocked” control agreement that gives the lender full rights to the borrower`s deposits and prohibits the borrower from accessing the funds. The other is the “jump,” which allows the borrower to access their deposit accounts until there is a default situation, and the lender provides the custodian bank with a notification of exclusive control. Both forms of DACA are important to consider. In the first place, there are two types of deposit account control agreements: assets and liabilities. A Deposit Account Control Agreement (DACA), also known as a Control Agreement, is a tripartite agreement between a deposit customer (the debtor), a deposit customer`s lender (the secured party) and a bank. As previously stated, the deposit account control agreement is signed between three parties, a lender, a borrower and a deposit-taking institution. It should be noted that the borrower may also be on deposit with the same bank. A lender can have control of a borrower`s deposit accounts in many ways, and one of them is to have the borrower`s deposit accounts on themselves. Therefore, the borrower must indicate whether he agrees to give full control to the lender and that he does not need access to the deposit account, or does not wish to access it until the lender informs the custodian institution that the lender takes sole control and the borrower can no longer access the deposit accounts. .

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