Commission Delegated Regulation (EU) 2016/438 of 17 December 2015 supplementing D... (32016R0438)
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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)
- 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)
- CHAPTER 1
- DEFINITIONS AND DETAILS OF THE WRITTEN CONTRACT
- (Article 22(2) of Directive 2009/65/EC)
- 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 22(3), (4) and (5) and Article 22a(2)(c) and (d) of Directive 2009/65/EC)
- 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 24(1) of Directive 2009/65/EC)
- Article 18
- Loss of a financial instrument held in custody
- Article 19
- Liability discharge
- CHAPTER 4
- INDEPENDENCE REQUIREMENTS AND FINAL PROVISIONS
- (Article 25 of Directive 2009/65/EC)
- 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
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