While all escrow agreements are, to an extent, tailored to the users' requirements (otherwise they simply wouldn't work), they generally fit into one or more 'standard' shapes.
We've set out our most common escrow accounts and third-party managed accounts, but we also handle enquiries on a regular basis for something that's just a little bit more niche, detailed or specific.
We're regularly approached by entrepreneurs building next-generation platforms for aircraft transactions, helicopter charter, superyacht advance payment accounts ('APA's'), investment pooling and funds, trading carbon credits, international freight and even dispute resolution about how we can support them in holding client monies.
Some of the UK's largest law firms have approached us about supporting them in managing settlements from huge litigation cases, whereby we would receive the settlement funds and then manage their disbursement to the firm (for its fees) and also on to each individual claimant who has settled.
Equally, we've been asked to make proposals to support those applying for licences to spend frozen/sanctioned funds to operate third-party payment accounts, reporting to HM Treasury as required and giving them transparency and instant access to see how/where funds are being used.
Our innovative UK Security for Expenses Scheme showcases how our underlying systems and core banking relationships can be leveraged at scale to protect security for expenses deposits made under the Party Wall Act by building owners carrying out construction operations on or near a party wall.
Escrow agents help to bridge these trust gaps by offering a reliable, independent, objective third party to handle the exchange of money and documents in accordance with the parties' wishes and the terms of the escrow agreement, without having to rely solely on trust to ensure the security and success of the transaction.
We offer escrow solutions to address all of the above trust issues and would be delighted to provide you with a quote for your specific requirements. You can also check out our detailed service pages listed above.
Some of the trust shortfalls outlined above can be addressed through the purchase of a contract of insurance or a bond. These typically involve the payment of a fee (a "premium"), and in the event of default, the beneficiary under the policy must make a claim from the insurer or bondsman for their loss.
This approach comes with four primary drawbacks:
Cash-backed escrow, by contrast, addresses all of these issues. It is generally cheaper to administer than the cost of a premium; in most cases, there is no credit risk because the funds are segregated and safeguarded by the escrow agent; payouts generally happen within a few days; and there will not be any circumstances in which a payout is excluded—the terms of the escrow agreement will make it very clear what circumstances need to exist to trigger a payment, rather than necessarily the reasons behind those circumstances.
We are an established, independent escrow agent not affiliated to any bank or trust company. We're based in London, in a time zone conveniently located for transactions taking place anywhere in the world. As a small team, we're easy to get hold of, responsive and dependable.
While our processes are systems are rigorous, they are also flexible. We make the effort to understand each transaction and its nuances, meaning that we can provide the perfect solution for the parties.
Through our technology partners, we are able to open custodial/escrow accounts at the Bank of England with the click of a button. Unlike a bank (who accepts your escrow funds as a "deposit", whereupon it becomes part of their balance sheet and can be loaned to others), our accounts are all segregated (kept separately from our own) and safeguarded (not used for any other purpose). This means we are probably the most secure escrow agent in the United Kingdom.
We simply hold the funds liquid and unencumbered at the Bank of England, ready for use in the transaction. Exactly as escrow should be.
Most banks and trust companies see escrow as a slightly painful service they need to offer in order to justify their moniker of being 'full-service' - it's a service that most clients will wish for, but compared to their lending, advisory and trustee fee revenues, few banks consider escrow to be a profitable exercise.
As a consequence, most will ask for at least one of the parties to be (or to become) a client of the bank or trust company going forward - very few will offer it to entirely unrelated parties with whom they have no opportunity to make money in future.
We're different. We only exist to provide escrow services, and those are frequently once-in-a-lifetime deals - while we are delighted to enjoy repeat custom, we haven't built our business model on it.
We don't carry the overheads of a large bank or trust corporation, or anything like them. As a small team, we've invested heavily in technology to do the heavy lifting and we have no legacy systems that make life difficult for us - it's all cutting-edge, encrypted, bank-level technology, but without the legacy costs.
We are therefore almost always cheaper, often by a considerable margin (and, if for any reason we're not, we're always happy to have a commercial conversation).
Our streamlined systems and processes lend themselves to fast account opening. Often, the detail of escrow arrangements is left until quite late in the transaction - this isn't a problem for us; indeed, we're used to it - it's what we do.
Our accounts can be opened same-day if we have all of the information, and the vast majority are opened within 3-5 business days (most of which time is taken up with us carrying out our mandatory compliance activities).
Unlike a bank or trust company that is required to operate on standard terms, with 3-5 day turnaround times for their internal legal teams to sign off any deviations, we can work either on our standard conditions or on the basis of a document agreed between the parties, and we're flexible about what that looks like.
Each transaction is different, so we don't try to shoe-horn them into chapters of legalese - the terms of our participation are clear, concise and flexible.