Escrow Services


First Capital Holding Co. provides complete and independent escrow agent services for a variety of commercial transactions. Few organizations can match First Capital’s combination of experience, dedicated resources, flexibility and independence, making us the first choice of leading law firms, investment banks and other arrangers of commercial transactions for escrow management services.

Benefits of our escrow services

As an escrow company, First Capital offers clients a generous selection of trust, safekeeping and agency services, including bond trustee, registrar, paying agent, custodian and escrow officer services. First Capital is a truly independent provider regulated by the the State of Illinois and is not affiliated with any bank or investment firm. 

Whether in connection with a new transaction or as a replacement for an existing service provider, First Capital stands ready to exceed your expectations of escrow companies in a variety of situations. 

First Capital offers clients our escrow service for a wide array of commercial structures and situations, each utilizing a distinct and customized approach to account management, technology and service.



Our Escrow Agent Services

  • Mergers & acquisitions
  • Earn-out provisions
  • Golden handcuff provisions
  • Good faith deposit provisions
  • Holdback provisions
  • Indemnification provisions
  • Purchase price distribution
  • Purchase price adjustments
  • Domain name escrows
  • Environmental escrows
  • Litigation settlement escrow account services
  • Reinsurance trust escrows
  • Reorganization & liquidation escrows
  • Safekeeping of intellectual property
  • Software/source code escrows
  • Subscription escrow payment service
  • Private placement stock offerings


Escrow: What is it?

Very simply defined, an escrow is a deposit of funds, a deed or other instrument by one party for the delivery to another party upon completion of a particular condition or event. The Illinois Escrow Law : Section 17003 of the Financial Code : provides the legal definition.

Why Do I Need an Escrow?

Whether you are the buyer, seller, lender or borrower, you want the assurance that no funds or property will change hands until ALL of the instructions in the transaction have been followed. The escrow holder has the obligation to safeguard the funds and/or documents while they are in thepossession of the escrow holder, and to disburse funds and/or convey title only when all provisions of the escrow have been complied with.

Escrow : How Does it Work?

The principals to the escrow : buyer, seller, lender, borrower : cause escrow instructions, most usually in writing, to be created, signed and delivered to the escrow officer. If a broker is involved, he will normally provide the escrow officer with the information necessary for the preparation of your escrow instructions and documents.

The escrow officer will process the escrow, in accordance with the escrow instructions, and when all conditions required in the escrow can be met or achieved, the escrow will be "closed." Each escrow, although following a similar pattern, will be different in some respects, as it deals with your property and the transaction at hand.

The duties of an escrow holder include; following the instructions given by the principals and parties to the transaction in a timely manner; handling the funds and/or documents in accordance with the instruction; paying all bills as authorized; responding to authorized requests from the principals; closing the escrow only when all terms funds in accordance with instructions and provide an accounting for same : the Closing or Settlement Statement.

Who Chooses the Escrow?

The selection of the escrow holder is normally done by agreement between the principals. If a real estate broker is involved in the transaction, the broker may recommend an escrow holder. However, it is the right of the principals to use an escrow holder who is competent and who is experienced in handling the type of escrow at hand. There are laws that prohibit the payment of referral fees; this affords the consumer the best possible escrow services without any compromise caused by a person receiving a referral fee.



Surrogacy Escrow services are useful as a safe practice for eliminating the stress that is associated with the financial aspect of a surrogacy process. This allows the surrogate and intended parents to focus on establishing a healthy relationship with one another.


Selling a business is different from real estate since business are defined as personal property. The escrow process for businesses is outlined under the Bulk Sale Code in the Uniform Commercial Code of Illinois. First Capital Holding Co. will walk you through each step of the bulk transfer process.

First Capital Holding Co.

At First Capital Holding Co. is a company with over 17 years of experience that backs up every transaction with integrity ans success. Since 1999 we have had the pleasure of conducting business in the U.S. and abroad.