Delegation of depositary functions - UCITS V Provision: Difference between revisions

no edit summary
No edit summary
No edit summary
Line 14: Line 14:
:(f) 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;
:(f) 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;
:(g) the UCITS’s ownership right or the ownership right of the management company acting on behalf of the UCITS over the assets is verified.
:(g) the UCITS’s ownership right or the ownership right of the management company acting on behalf of the UCITS over the assets is verified.


2.  Where a depositary has delegated its safekeeping functions, with regard to assets held in custody, to a third party in accordance with Article 22a of {{eudirective|2009|65|EC}}, it shall remain subject to the requirements of points (b) to (e) of paragraph 1 of this Article. The depositary shall also ensure that the third party complies with the requirements of points (b) to (g) of paragraph 1 of this Article.
2.  Where a depositary has delegated its safekeeping functions, with regard to assets held in custody, to a third party in accordance with Article 22a of {{eudirective|2009|65|EC}}, it shall remain subject to the requirements of points (b) to (e) of paragraph 1 of this Article. The depositary shall also ensure that the third party complies with the requirements of points (b) to (g) of paragraph 1 of this Article.
}}
 
{{seealso}}
*[[UCITS depositary]]
*[[AIFMD depositary]]