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🔗 Back to Summary. 🇫🇷 French Version: 2013R0231_FR.88. Back to Summary of LVL1. Open the PDF. Direct link to EUR-LEX.
Article 87 – Duties regarding subscriptions ⬅️ | ➡️ Article 89 – Safekeeping duties with regard to assets held in custody
Références LVL1 <=> LVL2
Level 1 reference(s): 2011L0061_EN.21 > 2
Article 88 - Financial instruments to be held in custody
1.
Financial instruments belonging to the AIF or to the AIFM acting on behalf of the AIF which are not able to be physically delivered to the depositary shall be included in the scope of the custody duties of the depositary where all of the following requirements are met:
(a)
they are transferable securities including those which embed derivatives as referred to in the last subparagraph of Article 51(3) of Directive 2009/65/EC and Article 10 of Commission Directive 2007/16/EC, money market instruments or units of collective investment undertakings;
(b)
they are capable of being registered or held in an account directly or indirectly in the name of the depositary.
2.
Financial instruments which, in accordance with applicable national law, are only directly registered in the name of the AIF with the issuer itself or its agent, such as a registrar or a transfer agent, shall not be held in custody.
3.
Financial instruments belonging to the AIF or the AIFM acting on behalf of the AIF which are able to be physically delivered to the depositary shall always be included in the scope of the custody duties of the depositary.