# Commission Delegated Regulation (EU) 2016/438 of 17 December 2015 supplementing Directive 2009/65/EC of the European Parliament and of the Council with regard to obligations of depositaries (Text with EEA relevance), Article 12: Financial instruments to be held in custody

Extent: E+W+S+N.I.

1. Financial instruments belonging to the UK UCITS which are not able to be physically delivered to the depositary shall be included in the scope of the custody duties of the depositary where all of the following requirements are met:
(a) they are financial instruments referred to in rules 5.2.6A(1) to (3), 5.2.8, 5.2.10A(1), 5.2.10E, 5.2.13 and other relevant rules in section 5.2 of the Collective Investment Schemes sourcebook or transferable securities which embed derivatives ...;
(b) they are capable of being registered or held in a securities account directly or indirectly in the name of the depositary.
2. Financial instruments which, in accordance with applicable national law, are only directly registered in the name of the UK UCITS with the issuer itself or its agent, such as a registrar or a transfer agent, shall not be held in custody.
3. Financial instruments belonging to the UK UCITS which are able to be physically delivered to the depositary shall in all cases be included in the scope of the custody duties of the depositary.

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Source: https://www.legislation.gov.uk/eur/2016/438/article/12 (the official version)
Page: https://openlegislation.uk/eu-regulation-2016-438/article-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.