What is an Escrow Account in India? How to Apply?

If we start with escrow account meaning, the word “escrow” originates from the French word “escroue”, which means a scrap of paper used to signify an agreement that a third party holds. In simple terms, an account could be thought of as an account of a third party.

It could be a banking account where the asset’s value is held until the fulfilment of certain conditions for the transaction. An escrow agreement protects the seller from the risk of payment failure by the buyer because it shifts control of the flow of cash between the seller and an uninvolved third party.

The person who holds the escrow account is responsible for ensuring that the money is paid out upon fulfilment of the specified requirements.

Did You Know?

The RBI Guidelines state that an agent cannot transfer funds to the seller unless the buyer has agreed to it. The buyer must approve any action that affects the funds. 

Why Do You Need an Escrow Account In India?

You may need an Escrow account in the following situations:

• In Project financing, third-party escrows are used to fund the guarantee for performance by using special-purpose accounts. These are infrastructure projects that last for a long time, such as industrial or public service projects, where the plan could be to repay cash flow after the project has been completed. So, these escrows fall into the form of loan repayments.
• Escrows are a possibility in the instances of shares as well. Escrow shares are ones that, while allocated to a specific shareholder, cannot be traded since they are stored in Escrow over an exact time. Escrow shares can be used for mergers or acquisitions or when distributing stock bonuses to employees.
• The real estate industry uses accounts for Escrow effectively since it allows buyers to conduct the proper due diligence before making a purchase. Escrow accounts also ensure sellers that their buyers will be able to pay the necessary amount and reinforce the seller’s seriousness. Escrow is not just for the purchase price but also for monthly payments that can be made to the mortgage on the property.
• Corporations’ issuance of public shares requires an escrow service, as do share buybacks. Banks that offer escrow services offer complete solutions from an application to the allotment of shares and then refunds, if necessary.
• Online transactions are a perfect way to use escrow accounts. It’s often considered risky to purchase items on the internet, especially if they are costly. For example, if you are purchasing a costly piece of art, you may want to keep the cash in Escrow until the day you receive the work and are happy with the work’s authenticity.
• Purchase and sale transactions could require an escrow account when both parties recognise the need for the independent supervision of the payment transaction.

Also Read: What are Mobile Wallets and how do they work?

How to Open an Escrow Account In India?

Now that you know what escrow means, here are the steps to opening an escrow account:

1. The seller and buyer have to agree before opening an escrow account. This agreement outlines all the conditions and terms for the sold and bought assets, and the agreement is known as the “Escrow agreement”.
2. After reading and signing the agreement, the buyer pays the funds into the account in the Escrow. Further, the escrow agent confirms and validates the receipt for both parties.
3. The escrow agent constantly monitors the buyer’s account. This is to verify whether or not the buyer is paying the seller according to the agreement.
4. If there is a positive response by both parties, the assets under the escrow agent’s supervision can be released upon the time of the agreement or at the agreed time.
5. If there is a disagreement with the other party, an escrow account is transferred into dispute resolution. The dispute resolution decision will determine what happens with the funds in the escrow account.

Process of Escrow Account In India

If you’re selling your product on the international market, it is essential to know that you will get the payment after the buyer has received the product. In the same way, the buyer will like to authorise the payment only if he or they are confident that the product is guaranteed to arrive at the shipment location.

Escrow accounts satisfy both requirements and provide the assurance needed to proceed with the transaction. Let’s look at an instance. Do you want to sell your product to the international market? You must be able to provide the certainty that you will get the payment after the buyer receives your product.

In the same way, the buyer will prefer to make payment only if he or they can be assured that the product is guaranteed to arrive at their destination port. Escrow accounts meet these requirements and provide the assurance needed to proceed with the transaction.

In a transaction in which an escrow account is used, the following processes occur:

• Both the seller and buyer agree on the conditions and conditions
• The seller provides the shipping or service
• The buyer deposits the amount to the account for Escrow
• The Escrow releases the funds to the buyer
• The buyer will receive the exact

Examples of Escrow Account In India

• Escrow Accounts for Real Estate: To ensure the regulation for the real estate sector, the Government of India made escrow accounts obligatory for real property transactions. In reality, the real estate (Regulation and Development) Act, 2016 obliges real estate agents to store 70% of customer funds in an account for Escrow. 
• Escrow Account for Rental Deposit: An escrow account guarantees buyers the security of their money. Additionally, it ensures an owner that they’re dealing with authentic individuals.
• Mergers and Acquisitions: Escrow accounts in India aid in maintaining trust between the parties and guarantee that both parties can fulfil their side of the bargain. After the stakeholders (or the government) accept the merger, the exchange of documents and cash takes place through the escrow account.
• Escrow Accounts for Auctions: Many people take part in auctions on the internet to purchase assets from banks. These banks act as accounts for Escrow between the purchaser and the auctioneer.
• Escrow Accounts for Freelancers: Numerous major websites serve as escrow accounts between the freelancer and the company. The websites assist freelancers in cooperating with their employers without losing money. If the freelancer’s work proves satisfactory, then the site will transfer the money to the freelancer. There are a variety of websites for freelancers that work with Escrow.
• Escrow Accounts for Softwares: A secure escrow account for your software helps keep your source code secure. If someone purchases your software via an account with an escrow company, it pays you the appropriate price and protects your source code. On the other hand, the buyer is granted exclusive rights to use the product and is obligated that it will provide the necessary source code, even if the developer ceases working.
• Escrow Account for Cryptocurrencies: Many people are hesitant about investing in cryptocurrencies since it’s not yet legal in several countries. In such instances, transactors offer an account with an escrow company. This is to the buyer to address trust issues that surround the same. Every transaction that involves selling and buying can make use of escrow service.

Advantages of Having an Escrow Account?

As now your question “what is escrow account” is cleared, let’s know its benefits. Certain mortgage lenders and kinds of loans for homeowners require that borrowers keep the accounts open for tax and insurance costs (or T&I), making the costs less burdensome. Here are some benefits of having an escrow account when buying or purchasing an investment property:

1. Money-back protection: Although the seller, buyer and lender are covered by Escrow, buyers receive the best security from the escrow process. If a purchase contract falls due to any reason, the buyer can rest assured that the person who holds the account will reimburse their money payment.
2. Taxes and insurance costs are easier to manage: With the escrow account, homeowners can manage insurance and tax payments with more manageable monthly instalments instead of a huge annual amount.
3. Taxes and insurance are paid for: The establishment of a mortgage escrow account guarantees that property taxes and insurance costs are paid for as the money deposited into the account is used directly to pay for these expenses. The mortgage escrow account also helps lenders as it ensures that the homeowner is responsible for these expenses, and they do not have to protect them to ensure that their property is secure.

Also Read: All About Prepaid Payment Instruments

Credit and Investment

The escrow account is highly worth it when you’re looking to give money. It is important to note that escrow/TRA in project finance transactions is very popular. There are also loans-linked credit servicing DSRA or default Escrows used by sophisticated corporate entities.

With interest rates in the global market being lower than ever before, many businesses have taken loans from outside. They’ll require commercial escrows linked to borrowing. If a company provides equipment for rental, it is crucial to get the money. 

This is accomplished through escrows for lease rental discounting. With many small and medium businesses facing a daily cash shortage, escrow bank accounts for the purchase of receivables and invoice discounting are growing in popularity.

In addition, with numerous finance firms facing an issue with the retail public sale of credit instruments, Escrows meet servicing such obligations. These requirements can be met easily by using a bond or NCD servicing-linked accounts for Escrow.

Conclusion

E-commerce has come quite a long way. Today, e-commerce is common place. This means that the demands have increased to global recognition as the business grows rapidly. Escrow funds in India are now being used to facilitate payment transactions and e-commerce.

This is particularly relevant when the transaction is held for a specific time. Accounts for centralised payment and marketplace aggregators have become common. 

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