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Third Party Custody Agreement
"I need a Third Party Custody Agreement for an Australian superannuation fund appointing a global custodian, with specific provisions for international securities and derivatives trading, to be effective from March 2025."
1. Parties: Identifies the principal parties: the custodian, the client, and any relevant third parties
2. Background: Sets out the context of the agreement and the intention of the parties
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. Appointment and Authority: Formal appointment of custodian and scope of authority
5. Duties and Responsibilities: Core obligations of the custodian including safekeeping, settlement, and record-keeping
6. Sub-Custodians: Provisions regarding appointment and oversight of sub-custodians
7. Instructions and Communications: Procedures for giving and acting on instructions
8. Compliance and Reporting: Regulatory compliance obligations and reporting requirements
9. Fees and Expenses: Fee structure, payment terms, and expense allocation
10. Representations and Warranties: Standard representations and specific custody-related warranties
11. Liability and Indemnification: Allocation of risks and responsibilities between parties
12. Confidentiality: Protection of confidential information and data
13. Term and Termination: Duration, termination events, and consequences
14. Governing Law and Jurisdiction: Choice of Australian law and jurisdiction provisions
1. Securities Lending: Include when securities lending services are part of the arrangement
2. Foreign Exchange Services: Required when custodian provides FX services
3. Class Actions: Include when custodian handles class action claims
4. Tax Services: When tax reclaim or other tax services are provided
5. Derivative Services: For custody of derivative instruments
6. Corporate Actions: Detailed provisions for handling corporate actions if not covered in main duties
7. Force Majeure: Optional detailed provisions for force majeure events
8. Business Continuity: Detailed provisions for disaster recovery and business continuity
9. FATCA Compliance: Required for US-linked clients or assets
1. Schedule 1 - Services Description: Detailed description of custody and ancillary services
2. Schedule 2 - Fee Schedule: Detailed fee structure and calculation methodology
3. Schedule 3 - Authorized Persons: List of authorized signatories and their authorities
4. Schedule 4 - Service Levels: Service level agreements and performance standards
5. Schedule 5 - Operating Procedures: Detailed operational procedures and requirements
6. Schedule 6 - Markets and Sub-Custodians: List of markets served and appointed sub-custodians
7. Schedule 7 - Report Forms: Templates for required reports and statements
8. Appendix A - Technology Requirements: Technical specifications for systems integration
9. Appendix B - Business Continuity Plan: Details of disaster recovery and business continuity arrangements
Authors
Affiliate
Agreement
Applicable Law
ASIC
Assets
Authorized Person
Business Day
Cash Account
Class Actions
Client
Commencement Date
Confidential Information
Corporate Action
Custodian
Custody Account
Data Protection Laws
Effective Date
Eligible Assets
Expenses
FATCA
Fee Schedule
Force Majeure Event
Global Custody
Governing Law
Income
Instructions
Investment Manager
Liability
Loss
Market
Notice
Operating Procedures
Parties
Personnel
Records
Regulated Market
Regulatory Authority
Relevant Exchange
Representatives
Securities
Securities System
Service Level Agreement
Services
Settlement Date
Sub-Custodian
Tax
Term
Transaction
Transfer
Valuation Point
Authority
Safekeeping
Settlement
Corporate Actions
Income Collection
Reporting
Sub-Custody
Asset Segregation
Record Keeping
Instructions
Communications
Fees
Expenses
Payment Terms
Representations
Warranties
Covenants
Indemnification
Liability
Force Majeure
Confidentiality
Data Protection
Privacy
Regulatory Compliance
Anti-Money Laundering
FATCA Compliance
Tax
Securities Lending
Foreign Exchange
Term
Termination
Transition Arrangements
Dispute Resolution
Governing Law
Jurisdiction
Assignment
Amendment
Notices
Entire Agreement
Severability
Banking
Financial Services
Investment Management
Superannuation
Insurance
Asset Management
Wealth Management
Private Equity
Hedge Funds
Government/Public Sector
Legal
Compliance
Operations
Risk Management
Finance
Treasury
Investment Operations
Client Services
Relationship Management
Product Management
Regulatory Reporting
Asset Services
Fund Administration
Chief Operating Officer
Head of Custody
Legal Counsel
Compliance Officer
Risk Manager
Operations Manager
Relationship Manager
Investment Manager
Fund Manager
Treasury Manager
Chief Financial Officer
Head of Operations
Senior Legal Counsel
Regulatory Compliance Manager
Asset Services Manager
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