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Template:UCITS V 22(5): Difference between revisions
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:(a) for financial instruments that may be held in custody, the {{ucits5prov|depositary}} shall: <br> | :(a) for financial instruments that may be held in custody, the {{ucits5prov|depositary}} shall: <br> | ||
::(i) hold in custody all financial instruments that may be registered in a financial instruments account opened in the {{ucits5prov|depositary}}’s books and all financial instruments that can be physically delivered to the {{ucits5prov|depositary}}; <br> | ::(i) hold in custody all financial instruments that may be registered in a financial instruments account opened in the {{ucits5prov|depositary}}’s books and all financial instruments that can be physically delivered to the {{ucits5prov|depositary}}; <br> | ||
::(ii) ensure that all financial instruments that can be registered in a financial instruments account opened in the {{ | ::(ii) ensure that all financial instruments that can be registered in a financial instruments account opened in the {{ucits5prov|depositary}}’s books are registered in the {{ucits5prov|depositary}}’s books within segregated accounts in accordance with the principles set out in Article 16 of Directive {{eudirective|2006|73|EC}}, opened in the name of the {{tag|UCITS}} or the management company acting on behalf of the {{tag|UCITS}}, so that they can be clearly identified as belonging to the {{tag|UCITS}} in accordance with the applicable law at all times; <br> | ||
:(b) for other assets, the {{ucits5prov|depositary}} shall: <br> | :(b) for other assets, the {{ucits5prov|depositary}} shall: <br> | ||
::(i) verify the ownership by the {{tag|UCITS}}, or by the management company acting on behalf of the {{tag|UCITS}}, of such assets by assessing whether the {{tag|UCITS}} or the management company acting on behalf of the {{tag|UCITS}} holds the ownership based on information or documents provided by the {{tag|UCITS}} or by the management company and, where available, on external evidence; <br> | ::(i) verify the ownership by the {{tag|UCITS}}, or by the management company acting on behalf of the {{tag|UCITS}}, of such assets by assessing whether the {{tag|UCITS}} or the management company acting on behalf of the {{tag|UCITS}} holds the ownership based on information or documents provided by the {{tag|UCITS}} or by the management company and, where available, on external evidence; <br> | ||
::(ii) maintain a record of those assets for which it is satisfied that the {{tag|UCITS}} or the management company acting on behalf of the {{tag|UCITS}} holds the ownership and keep that record up to date. <br> | ::(ii) maintain a record of those assets for which it is satisfied that the {{tag|UCITS}} or the management company acting on behalf of the {{tag|UCITS}} holds the ownership and keep that record up to date. <br> | ||