Custodian Declaration Form Template for England and Wales

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Key Requirements PROMPT example:

Custodian Declaration Form

"I need a Custodian Declaration Form for our UK-based investment firm to act as custodian for a portfolio of international securities worth £50M, with specific provisions for sub-custody arrangements in Asia and the Americas, to be effective from March 2025."

Document background
The Custodian Declaration Form is a crucial document in the financial services industry, particularly in England and Wales, where it serves to formalize and document custodial arrangements. This document is typically required when assets need to be held by a regulated custodian on behalf of their owner, ensuring compliance with regulatory requirements and establishing clear lines of responsibility. The form includes detailed information about the assets being held, the identity of beneficial owners, and the custodian's obligations. It's particularly important for regulatory compliance, audit trails, and establishing clear custody chains in financial transactions.
Suggested Sections

1. Declaration Header: Identity of custodian and date of declaration

2. Asset Details: Specific description of assets being held in custody

3. Beneficial Owner Information: Details of the beneficial owner of the assets

4. Custodian Obligations: Core responsibilities and duties of the custodian

5. Regulatory Compliance Statement: Confirmation of compliance with relevant regulations

6. Execution Block: Signature section and witness requirements

Optional Sections

1. Sub-Custodian Arrangements: Details of any sub-custodian arrangements - include when assets are held through sub-custodians

2. Foreign Asset Provisions: Specific provisions for foreign-held assets - include when custody includes non-UK assets

3. Corporate Action Handling: Procedures for handling corporate actions - include when custodied assets include corporate securities

Suggested Schedules

1. Schedule 1 - Asset Register: Detailed listing of all assets held in custody

2. Schedule 2 - Fee Schedule: Details of custodian fees and charges if applicable

3. Appendix A - Regulatory Certifications: Copies of relevant regulatory licenses and certifications

4. Appendix B - Operating Procedures: Detailed procedures for asset handling and management

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

Industries

Financial Services and Markets Act 2000: Primary legislation governing financial services regulation in the UK, establishing regulatory framework and requirements for financial institutions including custodians

Trustee Act 2000: Sets out the duties and powers of trustees, relevant for custodians acting in fiduciary capacity

Companies Act 2006: Fundamental company law legislation that may affect corporate custodians and their duties

Money Laundering Regulations 2017: Regulations concerning anti-money laundering requirements that custodians must comply with

Financial Services Act 2012: Updated regulatory framework and established new regulatory authorities relevant to custodian services

FCA CASS Rules: Client Assets Sourcebook rules specifically governing how firms should handle and protect client assets

FCA SYSC: Senior Management Arrangements, Systems and Controls requirements for financial institutions including custodians

FCA COLL: Collective Investment Schemes sourcebook containing rules relevant to custodians of investment funds

AIFMD (Retained EU Law): Alternative Investment Fund Managers Directive requirements affecting custody of alternative investment funds

UCITS (Retained EU Law): Rules governing Undertakings for Collective Investment in Transferable Securities, including custody requirements

Common Law Fiduciary Duties: Legal principles established through case law regarding fiduciary responsibilities of custodians

UK GDPR: Data protection requirements affecting how custodians handle personal data

Data Protection Act 2018: UK's implementation of data protection requirements, complementing UK GDPR

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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