Article 13 Safekeeping duties with regard to assets held in custody
United Kingdom
A depositary shall be deemed to comply with the requirements set out in F1rule 6.6B.18 of the Collective Investment Schemes sourcebook with respect to financial instruments to be held in custody where it ensures that:
the financial instruments are properly registered in accordance with F2rule 6.6B.18(2) of the Collective Investment Schemes sourcebook;
records and segregated accounts are maintained in a way that ensures their accuracy, and in particular record the correspondence with the financial instruments and cash held for F3UK UCITS;
reconciliations are conducted as frequently as necessary between the depositary's internal accounts and records and those of any third party to whom safekeeping has been delegated in accordance with F5rules 6.6B.22, 6.6B.25, 6.6B.26 and 6.6B.27 of the Collective Investment Schemes sourcebook;
due care is exercised in relation to the financial instruments held in custody in order to ensure a high standard of investor protection;
all relevant custody risks throughout the custody chain are assessed and monitored and the management company or the investment company is informed of any material risk identified;
adequate organisational arrangements are introduced to minimise the risk of loss or diminution of the financial instruments, or of rights in connection with those financial instruments as a result of fraud, poor administration, inadequate registering or negligence;
the UK UCITS's ownership right or the ownership right of the management company acting on behalf of the UK UCITS over the assets is verified.
F6In relation to point (c) of the first subparagraph, the frequency of the reconciliations shall be determined on the basis of the following:
the normal trading activity of the UK UCITS;
any trade occurring outside the normal trading activity;
any trade occurring on behalf of any other client whose assets are held by the third party in the same financial instruments account as the assets of the UK UCITS.
Where a depositary has delegated its safekeeping functions, with regard to assets held in custody, to a third party in accordance with F7rules 6.6B.22, 6.6B.25, 6.6B.26 and 6.6B.27 of the Collective Investment Schemes sourcebook, it shall remain subject to the requirements of points (a) to (e) of paragraph 1. The depositary shall also ensure that the third party complies with the requirements of points (b) to (g) of paragraph 1.
Annotations
Textual amendments
- F1
Words in Art. 13(1) substituted (31.12.2020) by The Collective Investment Schemes (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/325), regs. 1(2), 60(17)(a)(i) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in Art. 13(1)(a) substituted (31.12.2020) by The Collective Investment Schemes (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/325), regs. 1(2), 60(17)(a)(ii) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Word in Regulation substituted (31.12.2020) by The Collective Investment Schemes (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/325), regs. 1(2), 60(2) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
- F4
- F5
Words in Art. 13(1)(c) substituted (31.12.2020) by The Collective Investment Schemes (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/325), regs. 1(2), 60(17)(a)(iii) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
- F6
- F7
Words in Art. 13(2) substituted (31.12.2020) by The Collective Investment Schemes (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/325), regs. 1(2), 60(17)(b) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)