Retained EU Law 2016 United Kingdom

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)

At a glance

What's here

7 compliance obligations

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

s.art008

Duties related to the UK UCITS' income calculation and distribution

  • Depositary must ensure UCITS income calculations and dividends are correct
s.art009

Cash monitoring — general requirements

  • Provide depositary with full cash account information for UCITS
s.art011

Duties regarding payments upon the subscriptions

  • Provide depositary with subscription payment information daily
s.art021

Common management

  • Keep management independent between you and your fund depositary
s.art022

Appointment of depositary and delegation of safekeeping

  • Appoint a depositary using a proper decision-making process
s.art023

Conflicts of interest

  • Put in place policies to identify and manage conflicts of interest with your depositary
s.art024

Independence of management boards and supervisory functions

  • Ensure independent board/supervisory members when group link exists
Browse 18 other sections — procedural / definitional / commencement
s.art001

Definitions

s.art002

Contract for the appointment of a depositary

s.art003

Oversight duties — general requirements

s.art004

Duties regarding subscription and redemptions

s.art005

Duties regarding the valuation of units

s.art006

Duties regarding the carrying out of the UK UCITS' instructions

s.art007

Duties regarding the timely settlement of transactions

s.art010

Monitoring of the UK UCITS' cash flows

s.art012

Financial instruments to be held in custody

s.art013

Safekeeping duties with regard to assets held in custody

s.art014

Safekeeping duties regarding ownership verification and record keeping

s.art015

Due diligence

s.art016

Segregation obligation

s.art017

Insolvency protection of UK UCITS assets when delegating custody functions

s.art018

Loss of a financial instrument held in custody

s.art019

Liability discharge

s.art020

Management body

s.art025

Entry into force and application

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