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Custodian Declaration Form
"I need a Custodian Declaration Form for our New Zealand-based investment firm that will be holding both domestic and international securities, with potential sub-custodian arrangements in Asia-Pacific regions, to be effective from March 2025."
1. Parties: Identification of the Custodian and the entity appointing the custodian
2. Background: Context of the appointment and reference to relevant regulatory framework
3. Definitions: Key terms used in the declaration, including 'Custody Assets', 'Relevant Laws', 'Services'
4. Custodian Details: Full legal name, registration details, and regulatory licenses held by the custodian
5. Regulatory Status: Confirmation of licenses, authorizations and registrations held
6. Compliance Declaration: Declaration of compliance with relevant laws, regulations and requirements
7. Operational Capability: Confirmation of systems, processes and resources to perform custodial duties
8. Asset Segregation: Declaration regarding segregation of custody assets from custodian's own assets
9. Record Keeping: Confirmation of record keeping practices and systems
10. Execution: Signature block and execution details
1. Sub-Custodian Arrangements: Details of any sub-custodian arrangements, used when the custodian delegates duties to other entities
2. Insurance Coverage: Details of professional indemnity and other relevant insurance, included when specifically required by the appointing entity
3. Conflict Management: Declaration regarding management of conflicts of interest, included for more comprehensive declarations
4. Foreign Investment Declaration: Additional declarations required for foreign-owned custodians or foreign investments
5. Business Continuity: Confirmation of business continuity and disaster recovery arrangements, included for higher-risk or larger custody arrangements
1. Schedule 1 - Custody Assets: Detailed list or categories of assets to be held under custody
2. Schedule 2 - Regulatory Licenses: Copies or details of relevant regulatory licenses and authorizations
3. Schedule 3 - Key Personnel: Details of key personnel responsible for custody operations
4. Appendix A - Compliance Checklist: Detailed checklist of regulatory compliance requirements
5. Appendix B - Systems Overview: Overview of custodial systems and operational procedures
Authors
Assets Under Custody
Authorised Person
Business Day
Client
Compliance Requirements
Corporate Action
Custody Account
Custody Assets
Custody Services
Effective Date
Eligible Custodian
FMA
Financial Markets Conduct Act
Financial Product
Financial Records
Governing Law
Licensed Supervisor
Material Adverse Change
NZX
Operational Procedures
Proper Instructions
Regulated Service
Regulatory Authority
Related Party
Relevant License
Securities
Segregated Account
Sub-Custodian
Trust Account
Appointment
Compliance
Asset Segregation
Record Keeping
Systems and Controls
Risk Management
Sub-Custody
Conflicts of Interest
Confidentiality
Data Protection
Insurance
Business Continuity
Operational Capability
Reporting
Asset Safety
Corporate Actions
Documentation
Personnel
Anti-Money Laundering
Regulatory Disclosure
Representations
Warranties
Execution
Financial Services
Banking
Investment Management
Wealth Management
Pension Fund Management
Insurance
Asset Management
Securities Services
Trust Services
Fund Administration
Legal
Compliance
Risk Management
Operations
Custody Services
Regulatory Affairs
Corporate Governance
Trust Administration
Client Services
Finance
Compliance Officer
Legal Counsel
Risk Manager
Operations Director
Custody Manager
Chief Operating Officer
Regulatory Affairs Manager
Company Secretary
Trust Officer
Financial Controller
Head of Securities Services
Chief Risk Officer
Head of Operations
Relationship Manager
Compliance Manager
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