The establishment of a deposit account control agreement allows lenders to upgrade their interest on a debtor`s deposit account (UCC No. 9-104) and to define the disposition instructions (transfer instructions) addressed to the bank with respect to the controlled account or accounts. Instructions – An instruction to the bank that manages the sale of funds in the account. Active Deposit Account Control Agreement – A control agreement that orders the bank to accept the instructions of the secured party (not the debtor). The lender should obtain a DACA from each third-party bank from which the borrower has a deposit account. A deposit bank that signs a DACA agrees to follow the lender`s instructions regarding the borrower`s money paid, without the borrower taking further action or the borrower`s agreement. Such an agreement gives the lender “control” of the deposit account required for perfection under the UCC. Deposit institutions should have an experienced internal team responsible for implementing all DACs. Relationship officers should not implement DAC, but should be informed of the importance of sending DACA applications through the filing institution`s DACA preparation, verification and enforcement protocol. As long as DACA is carefully prepared and negotiated adequately by the custodian`s advisor, incorrect implementation of a DACA is the primary source of exposure to a custodian institution. The custodian ensures that all necessary checks have been carried out on the corresponding deposit accounts and that the depository is ready to implement and implement all the instructions it receives within the time frame set by the DACA.
Small depots, in particular, should be alert to the lack of key personnel and have safeguard procedures in place to ensure that DACA instructions are always implemented in a timely manner. If the deposit establishment. B does not require exclusive control of deposit accounts within the DACA time frame, the deposit-taking institution may be held responsible for all withdrawals made by the borrower from the deposit accounts after the implementation of the exclusive control.