Custodian Declaration Form for United Arab Emirates

Custodian Declaration Form Template for United Arab Emirates

A regulatory document required under UAE financial services law that serves as a formal declaration by a custodian institution regarding its custody services, compliance with regulatory requirements, and operational capabilities. The document adheres to UAE Securities and Commodities Authority (SCA) regulations and Central Bank requirements, detailing the custodian's systems, controls, and procedures for safeguarding client assets. It includes specific declarations about asset segregation, risk management, and compliance with UAE financial regulations.

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What is a Custodian Declaration Form?

The Custodian Declaration Form is a mandatory regulatory document required by UAE financial authorities for institutions providing custody services. It is used when an entity seeks to provide or continue providing custody services within the UAE jurisdiction, serving as a formal attestation of their compliance with regulatory requirements. The document must be submitted to the Securities and Commodities Authority (SCA) and potentially the UAE Central Bank, depending on the scope of services. The form includes comprehensive declarations about the institution's operational capabilities, risk management frameworks, and compliance systems, ensuring alignment with UAE financial regulations and international best practices for custody services. This declaration is particularly crucial in the UAE's developing financial markets, where proper custody arrangements are essential for market stability and investor protection.

What sections should be included in a Custodian Declaration Form?

1. Custodian Details: Full legal name, license details, and contact information of the custodian entity

2. Regulatory Status: Declaration of regulatory licenses and authorizations held by the custodian

3. Scope of Custody Services: Detailed description of the custody services to be provided

4. Compliance Declarations: Specific declarations regarding compliance with UAE laws and regulations

5. Risk Management: Declaration of risk management procedures and systems in place

6. Asset Segregation: Declaration regarding the segregation of client assets from custodian's own assets

7. Record Keeping: Confirmation of record-keeping practices and systems

8. Reporting Commitments: Declaration of reporting obligations and commitments

9. Authorization: Signature block and authorization details

What sections are optional to include in a Custodian Declaration Form?

1. Sub-Custody Arrangements: Details of any sub-custodian arrangements, used when the custodian employs third-party sub-custodians

2. Special Asset Classes: Specific declarations for special asset classes like derivatives or Islamic financial products

3. Cross-Border Activities: Additional declarations for cross-border custody services, required when operating across multiple jurisdictions

4. Digital Asset Custody: Specific declarations for digital asset custody services, if applicable

5. Group Structure Details: Information about the custodian's group structure, required for custodians part of larger financial groups

What schedules should be included in a Custodian Declaration Form?

1. Schedule 1 - License Details: Copies or details of all relevant regulatory licenses and authorizations

2. Schedule 2 - Key Personnel: List of key personnel responsible for custody operations

3. Schedule 3 - Systems and Controls: Detailed description of custody systems and control mechanisms

4. Schedule 4 - Sub-Custodian Network: List of approved sub-custodians and their jurisdictions, if applicable

5. Schedule 5 - Asset Classes: Detailed list of asset classes covered under the custody services

6. Appendix A - Compliance Certificates: Copies of relevant compliance certificates and attestations

7. Appendix B - Insurance Coverage: Details of professional indemnity and other relevant insurance coverage

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Relevant Industries

Financial Services

Banking

Investment Management

Securities Services

Asset Management

Wealth Management

Fund Administration

Capital Markets

Islamic Finance

Relevant Teams

Legal

Compliance

Operations

Risk Management

Internal Audit

Client Services

Regulatory Reporting

Securities Services

Client Assets

Executive Management

Relevant Roles

Chief Compliance Officer

Head of Custody Services

Legal Counsel

Chief Operating Officer

Risk Manager

Compliance Manager

Operations Director

Head of Securities Services

Chief Executive Officer

Head of Client Assets

Regulatory Reporting Officer

Internal Audit Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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