2016R0438 - Summary
COMMISSION DELEGATED REGULATION (EU) 2016/438 of 17 December 2015 supplementing Directive 2009/65/EC of the European Parliament and of the Council with regard to obligations of depositaries (Text with EEA relevance)
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🇫🇷 French Version: 2016R0438_FR.0. Open the PDF. Direct link to EUR-LEX.
CHAPTER 1 - DEFINITIONS AND DETAILS OF THE WRITTEN CONTRACT
Article 1 - Definitions
Article 2 - Contract for the appointment of a depositary
CHAPTER 2 - DEPOSITARY FUNCTIONS, DUE DILIGENCE DUTIES, SEGREGATION OBLIGATION AND INSOLVENCY PROTECTION
Article 3 - Oversight duties — general requirements
Article 4 - Duties regarding subscription and redemptions
Article 5 - Duties regarding the valuation of units
Article 6 - Duties regarding the carrying out of the UCITS’ instructions
Article 7 - Duties regarding the timely settlement of transactions
Article 8 - Duties related to the UCITS’ income calculation and distribution
Article 9 - Cash monitoring — general requirements
Article 10 - Monitoring of the UCITS’ cash flows
Article 11 - Duties regarding payments upon the subscriptions
Article 12 - Financial instruments to be held in custody
Article 13 - Safekeeping duties with regard to assets held in custody
Article 14 - Safekeeping duties regarding ownership verification and record keeping
Article 15 - Due diligence
Article 16 - Segregation obligation
Article 17 - Insolvency protection of UCITS assets when delegating custody functions
CHAPTER 3 - LOSS OF FINANCIAL INSTRUMENTS AND LIABILITY DISCHARGE
Article 18 - Loss of a financial instrument held in custody
Article 19 - Liability discharge
CHAPTER 4 - INDEPENDENCE REQUIREMENTS AND FINAL PROVISIONS
Article 20 - Management body
Article 21 - Common management
Article 22 - Appointment of depositary and delegation of safekeeping
Article 23 - Conflicts of interest
Article 24 - Independence of management boards and supervisory functions
Article 25 - Entry into force and application