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While acknowledging that the regulatory regimes for the safekeeping of Collective Investment Schemes’ (CIS) assets are diverse, and the responsibilities and regulatory status of the entities that provide safekeeping services are also varied, the report published October 10 proposes nine principles divided into two sections aimed at identifying the core issues that should be kept under review by the regulatory framework.
While the first section focuses on general aspects relating to the custody function, the second part of the report is dedicated to principles relating more specifically to the appointment and ongoing engagement of custodians.
Principle 1: The regulatory regime should make appropriate provisions for the custodial arrangements of the CIS.
Principle 2: CIS assets should be segregated from:
Principle 3: CIS assets should be entrusted to a third party custodian. In limited circumstances where the regulatory regime permits self-custody of CIS assets, additional safeguards should be put in place to ensure proper segregation and protection of CIS assets.
Principle 4: The custodian Should be functionally independent from the responsible entity.
Principle 5: The responsible entity should seek to ensure that the custody arrangements in place are disclosed appropriately to investors in the CIS offering documents or otherwise made transparent to investors.
Principle 6: The responsible entity should use appropriate care, skill and diligence when appointing a custodian to safe keep CIS assets.
Principle 7: The responsible entity should, at a minimum, consider a custodian's legal / regulatory status, financial resources and organisational capabilities during the due diligence process.
Principle 8: The responsible entity should formally document its relationship with the custodian and the agreement should seek to include provisions about the scope of the custodian's responsibility and liability.
Principle 9: Custody arrangements should be monitored on an ongoing basis for compliance with the terms of the custody agreement.
IOSCO welcomes the comments on this consultation report submitted on or before Wednesday 10 December 2014.