From a drafting point of view, it is essential that the Treaty be as comprehensive and detailed as possible: in order to avoid any uncertainty, it should generally not be too broad, otherwise there will be a risk of interpretative doubt and will not be too long, as it could also present itself as an instrument for the fictitious withdrawal of assets by their segregation. this also circumvents anti-money laundering legislation. And that`s not all: the importance of predetermining the conditions of the Office, and in particular the conditions leading to its conclusion, in the blocking agreement, plays a decisive role in preventing this figure from being tainted by the elements of the arbitration procedure or arbitration: to stay within the limits of the image described above, indeed, he must carry out an activity that must be designated without any margin of appreciation (if not technical). It must not, therefore, for the performance of the mandate, settle a dispute between the parties beforehand or, in addition, designate elements of the contract to which the agreement accedes, but protect the expectation of the party in who whoe interest it has agreed to obtain the assets, rights, powers that are the subject of the contract and the reason for its conclusion. To remain within the limits of this number, the agent or holder of Escrow must remain a person who does not carry out judicial activity or integration of the main agreement. It is so obvious that the material executed by Escrow`s agreement (which will often be the same agent) must withstand the slight temptation to which he is often driven to subordinate Escrow`s result to events whose finding requires discretionary decisions. to distort the agreement if it is properly reconstructed as indicated above. From a legal point of view, Escrow`s agreement can be regarded as an atypical, trilateral ancillary contract linked to an underlying, albeit autonomous and independent, main contract for which it performs a guarantee function. The required form is the written form, with the necessary consent of the depositary, and is usually done by exchange of letters.
– with respect to the other _____ (the “Fund”), the company ___ and Dr. _________ have agreed that a c.d. fund will be established. “escrow”, at the same level, the linked current account (“Escrow account”) which must be deposited with the notary _______ (the “notary”) with the bank __ .