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In a Nutshell™ Clause 22(7):
22(7). Neither the depositary nor any delegated custodian may reuse the UCITS’ assets for its own account. “Reuse” includes transferring, pledging, selling and lending the assets.
The UCITS’ assets can only be reused where:
- (a) for the UCITS’ own account;
- (b) on the instructions of the management company on the the UCITS’ behalf;
- (c) the reuse is for the UCITS’ benefit and in the interest of the unit holders; and
- (d) the transaction is covered by high-quality liquid collateral received by the UCITS under a title transfer arrangement having a market value at least equal to the market value of the reused assets plus a premium.
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UCITS V full text of Clause 22(7):
22(7). The assets held in custody by the depositary shall not be reused by the depositary, or by any third party to which the custody function has been delegated, for their own account. Reuse comprises any transaction of assets held in custody including, but not limited to, transferring, pledging, selling and lending.
The assets held in custody by the depositary are allowed to be reused only where:
- (a) the reuse of the assets is executed for the account of the UCITS;
- (b) the depositary is carrying out the instructions of the management company on behalf of the UCITS;
- (c) the reuse is for the benefit of the UCITS and in the interest of the unit holders; and
- (d) the transaction is covered by high-quality and liquid collateral received by the UCITS under a title transfer arrangement.
The market value of the collateral shall, at all times, amount to at least the market value of the reused assets plus a premium.
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