Template:CASS Section 6.3.4B

6.3.4B (G) A firm should consider carefully the terms of any agreement entered into with a third party under CASS 6.3.4A R. The following terms are examples of the issues that should be addressed in these agreements (where relevant):

(1) that the title of the account in the third party’s books and records indicates that any safe custody asset credited to it does not belong to the firm;

(2) that the third party will hold or record a safe custody asset belonging to the firm’s client separately from any applicable asset belonging to the firm or to the third party;

(3) the arrangements for registration or recording of the safe custody asset, if this will not be registered in the firm’s client’s name;

(4) the restrictions over the circumstances in which the third party may withdraw assets from the account;

(5) the procedures and authorities for the passing of instructions to, or by, the firm;

(6) the procedures for the claiming and receiving of dividends, interest payments and other entitlements accruing to the firm's client; and

(7) the provisions detailing the extent of the third party’s liability in the event of the loss of a safe custody asset caused by the fraud, wilful default or negligence of the third party or an agent appointed by him.