Related provisions for MCOB 5.4.20
2When a trustee firm or depositary acts as a custodian for a trust or collective investment scheme, (except for a firmacting as trustee or depositary of an AIF),7 and:
- (1)
the trust or scheme is established by written instrument; and
- (2)
the trustee firm or depositary has taken reasonable steps to determine that the relevant law and provisions of the trust instrument or scheme constitution will provide protections at least equivalent to the custody rules for the trust property or scheme property;
the trustee firm or depositary need comply only with the custody rules listed in the table below.
Reference |
Rule |
CASS 6.1.1 R to CASS 6.1.9 G and CASS 6.1.15 G to CASS 6.1.16C R |
Application |
Trustees and depositaries |
|
General purpose |
|
Protection of clients' safe custody assets |
|
Registration and recording |
|
Holding |
|
Use of safe custody assets |
|
Records, accounts and reconciliations |
- (1)
7Subject to (2), when a firm is acting as trustee or depositary of an AIF the firm need comply only with the custody rules in the table below:
Reference
Rule
CASS 6.1.1 R, CASS 6.1.9 G, CASS 6.1.9A G and CASS 6.1.16IB G
Application
General purpose
CASS 6.2.3 R and CASS 6.2.4 R to CASS 6.2.6 G
Registration and recording
Holding
Arranging registration
CASS 6.5.1 R, CASS 6.5.2A R, CASS 6.5.3 R, CASS 6.5.13R (1A) and CASS 6.5.14 G
Records, accounts and reconciliations
- (2)
When a firm is acting as trustee or depositary of an AIF that is an authorised AIF the firm must, in addition to the custody rules in (1), also comply with the custody rules in the table below:
Reference
Rule
Application
CASS 6.5.4G (1A) to CASS 6.5.4G (4), CASS 6.5.5 R, CASS 6.5.7A G, CASS 7.5.8AG, CASS 6.5.9 G and CASS 6.5.15 G
Records, accounts and reconciliations
2Only the custody rules in the table below apply to a firm when arranging safeguarding and administration of assets.
Reference |
Rule |
CASS 6.1.1 R to CASS 6.1.9 G and CASS 6.1.15 G to CASS 6.1.16B R |
Application |
Arrangers |
|
General purpose |
|
Arranging for assets to be deposited with third parties |
|
Records |
Schedule to the Recognition Requirements Regulations, paragraph 3
2(1) |
The [UK RIE] must ensure that the systems and controls used in the performance of its [relevant functions] are adequate, and appropriate for the scale and nature of its business. |
|
(2) |
Sub-paragraph (1) applies in particular to systems and controls concerning - |
|
(a) |
the transmission of information; |
|
(b) |
the assessment, mitigation and management of risks to the performance of the [UK RIE'srelevant functions]; |
|
(c) |
the effecting and monitoring of transactions on the [UK RIE]; |
|
(ca) |
the technical operation of the [UK RIE], including contingency arrangements for disruption to its facilities; |
|
(d) |
the operation of the arrangements mentioned in paragraph 4(2)(d); and |
|
(e) |
(where relevant) the safeguarding and administration of assets belonging to users of the [UK RIE's] facilities. |
Points 2, 3, 4, 6, 16 - 21 of Table 1 of Annex 1 of the MiFID Regulation
2. |
Trading day |
The trading day on which the transaction was executed. |
3. |
Trading time |
The time at which the transaction was executed, reported in the local time of the competent authority to which the transaction will be reported, and the basis in which the transaction is reported expressed as Co-ordinated Universal Time (UTC) +/- hours. |
4. |
Buy/sell indicator |
Identifies whether the transaction was a buy or sell from the perspective of the reporting investment firm or, in the case of a report to a client, of the client. |
6. |
Instrument identification |
This shall consist of:
|
16. |
Unit price |
The price per security or derivative contract excluding commission and (where relevant) accrued interest. In the case of a debt instrument, the price may be expressed either in terms of currency or as a percentage. |
17. |
Price notation |
The currency in which the price is expressed. If, in the case of a bond or other form of securitised debt, the price is expressed as a percentage, that percentage shall be included. |
18. |
Quantity |
The number of units of the financial instruments, the nominal value of bonds, or the number of derivative contracts included in the transaction. |
19. |
Quantity notation |
An indication as to whether the quantity is the number of units of financial instruments, the nominal value of bonds or the number of derivative contracts. |
20. |
Counterparty |
Identification of the counterparty to the transaction. That identification shall consist of:
|
21. |
Venue identification |
Identification of the venue where the transaction was executed. That identification shall consist in:
|