Related provisions for CASS 6.1.22
1 - 2 of 2 items.
This chapter (the custody rules) applies to:
1(1) a MiFID investment firm:1(a) when it holds financial instruments belonging to a client in the course of its MiFID business; or1(b) that opts to comply with the custody rules under this chapter in accordance with CASS 6.1.17R (1)1 (Opt-in to the MiFID custody rules); and1(2) a third country investment firm that opts to comply with the custody rules under this chapter in accordance with CASS 6.1.17R (2) (Opt-in to the MiFID client
(1) A firm need not treat this chapter as applying in respect of a delivery versus payment transaction through a commercial settlement system if it is intended that the
financial instrument
is either to be: (a) in respect of a client's purchase, due to the client within one business day following the client's fulfilment of a payment obligation; or(b) in respect of a client's sale, due to the firm within one business day following the fulfilment of a payment obligation;unless
The custody rules do not apply if a firm temporarily handles a
financial instrument
belonging to a client. A firm should temporarily handle
financial instrument
for no longer than is reasonably necessary. In most transactions this would be no longer than one business day, but it may be longer or shorter depending upon the transaction in question. For example, when a firm executes an order to sell shares which have not been registered on a de-materialised exchange, handling
A firm may register or record legal title to its own
financial instrument
in the same name as that in which legal title to a
financial instrument
is registered or recorded, but only if:(1) the firm'sfinancial instruments
are separately identified in the firm's records from the financial instruments; or(2) the firm registers or records a
financial instrument
in accordance with CASS 6.2.3R (4).