Third Party Custody Agreement Template for Australia

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Key Requirements PROMPT example:

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."

Document background
A Third Party Custody Agreement is essential for organizations requiring professional custody services for their assets under Australian law. This document is typically used when an institution needs to appoint a licensed custodian to hold, safeguard, and administer their assets in compliance with Australian regulatory requirements, particularly ASIC guidelines. The agreement covers crucial aspects such as the custodian's duties, operational procedures, reporting requirements, fee structures, and risk allocation. It's particularly relevant for financial institutions, investment managers, and superannuation funds operating in Australia who need to ensure proper segregation and protection of assets while meeting their regulatory obligations. The agreement must align with Australian financial services laws, including the Corporations Act 2001 and relevant ASIC regulatory guides.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Banking

Financial Services

Investment Management

Superannuation

Insurance

Asset Management

Wealth Management

Private Equity

Hedge Funds

Government/Public Sector

Relevant Teams

Legal

Compliance

Operations

Risk Management

Finance

Treasury

Investment Operations

Client Services

Relationship Management

Product Management

Regulatory Reporting

Asset Services

Fund Administration

Relevant Roles

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

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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