The Custody Contract serves as the primary legal framework governing the relationship between a custodian and its client in the Netherlands. This document is essential when establishing arrangements for the safekeeping and administration of financial assets, ensuring compliance with Dutch regulatory requirements and market practices. The contract addresses critical aspects such as asset segregation, regulatory reporting, operational procedures, and risk allocation, while incorporating requirements from the Dutch Financial Supervision Act (Wft) and related regulations. It is particularly relevant for financial institutions, investment firms, and institutional investors requiring professional custody services for their financial assets. The Custody Contract includes detailed provisions for the protection of client assets, governance structures, and service level requirements, reflecting the sophisticated nature of the Dutch financial markets and its regulatory framework.
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1. Parties: Identification of the custodian and the client, including their legal details and regulatory status
2. Background: Context of the custody arrangement and brief description of the services to be provided
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Appointment and Scope: Formal appointment of the custodian and detailed scope of custody services
5. Asset Segregation and Protection: Provisions regarding the segregation of client assets and protection mechanisms
6. Custody Services: Detailed description of core custody services, including safekeeping, settlement, and corporate actions
7. Rights and Obligations: Specific rights and obligations of both the custodian and the client
8. Instructions and Communications: Procedures for giving and receiving instructions and other communications
9. Reporting and Records: Requirements for reporting, record-keeping, and account statements
10. Fees and Expenses: Fee structure, payment terms, and allocation of expenses
11. Liability and Indemnification: Limitations of liability, indemnification provisions, and force majeure
12. Confidentiality and Data Protection: Provisions regarding confidential information and compliance with GDPR
13. Term and Termination: Duration of the agreement and termination provisions
14. Governing Law and Jurisdiction: Choice of Dutch law and jurisdiction provisions
1. Sub-Custody Arrangements: Used when the custodian may appoint sub-custodians, defining the terms and conditions for such appointments
2. Securities Lending: Include when securities lending services are part of the custody arrangement
3. Foreign Securities: Required when custody services include foreign securities, addressing specific requirements and risks
4. Special Client Requirements: For institutional clients with specific regulatory or operational requirements
5. Tax Services: When tax reclaim or other tax-related services are included in the custody arrangement
6. Electronic Services: When providing specific electronic platforms or services for account access
7. Regulatory Reporting: For clients subject to specific regulatory reporting requirements
8. Client Assets Rules: Specific section for regulated clients subject to client asset protection rules
1. Schedule 1 - Service Level Agreement: Detailed operational procedures, response times, and service standards
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms
3. Schedule 3 - Authorized Persons: List of persons authorized to give instructions on behalf of the client
4. Schedule 4 - Account Structure: Details of account structure and segregation arrangements
5. Schedule 5 - Sub-Custodian Network: List of approved sub-custodians and markets covered
6. Schedule 6 - Operating Procedures: Detailed operational procedures and requirements
7. Appendix A - Cut-off Times: Market-specific cut-off times for instructions
8. Appendix B - Reporting Formats: Templates and formats for various reports and statements
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