The Custodianship Declaration is a critical document used in the UAE financial sector when establishing formal custody arrangements for assets such as securities, funds, or other valuable properties. This declaration, governed by UAE law and regulations, is required when an institution or entity takes on the role of custodian for assets owned by another party. The document must comply with UAE Federal Laws, Central Bank regulations, and Securities and Commodities Authority (SCA) requirements. It typically includes detailed provisions for asset segregation, regulatory compliance, reporting requirements, and operational procedures. The Custodianship Declaration is particularly important in the UAE's growing financial sector, where international standards must be maintained while adhering to local regulatory requirements and market practices.
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1. Parties: Identification of the Custodian, the Principal/Asset Owner, and any other relevant parties
2. Background: Context of the custodial arrangement and purpose of the declaration
3. Definitions: Definitions of key terms used throughout the declaration
4. Appointment and Authority: Formal appointment of the custodian and scope of authority granted
5. Duties and Responsibilities: Detailed description of the custodian's obligations and responsibilities
6. Asset Protection and Segregation: Provisions for keeping assets separate from custodian's own assets
7. Regulatory Compliance: Commitment to comply with UAE laws and regulations
8. Record Keeping and Reporting: Requirements for maintaining records and providing reports
9. Fees and Expenses: Structure and payment of custodian fees and related expenses
10. Liability and Indemnification: Extent of custodian's liability and indemnification provisions
11. Term and Termination: Duration of the arrangement and termination procedures
12. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for disputes
1. Sub-Custodian Arrangements: Required when the custodian may need to appoint sub-custodians
2. Special Instructions: Used when specific handling instructions are needed for certain assets
3. Corporate Actions: Required for custody of securities to handle voting rights and corporate actions
4. Foreign Investment Provisions: Needed when assets include foreign investments
5. Electronic Trading and Communications: Required when electronic trading or communication systems are used
6. Sharia Compliance: Required when assets must be managed in accordance with Sharia principles
1. Schedule of Assets: Detailed list of assets under custody
2. Fee Schedule: Detailed breakdown of fees, charges, and payment terms
3. Operating Procedures: Detailed procedures for routine operations and special circumstances
4. Authorized Signatories: List of persons authorized to give instructions to the custodian
5. Reporting Requirements: Specific format and frequency of required reports
6. Service Level Agreement: Detailed service standards and performance metrics
Relevant legal definitions
Account
Affiliate
Agreement
Assets
Authorized Person
Beneficiary
Business Day
Central Bank
Confidential Information
Corporate Action
Custodian
Custody Account
Custody Services
Declaration
Effective Date
Electronic Instructions
Fees
Force Majeure
Governing Law
Instructions
Law
Losses
Market Rules
Notice
Operating Procedures
Principal
Regulatory Authority
Representatives
SCA
Securities
Security Interest
Services
Sub-Custodian
Term
Transaction
UAE
UAE Dirham
Voting Rights
Affiliate
Agreement
Assets
Authorized Person
Beneficiary
Business Day
Central Bank
Confidential Information
Corporate Action
Custodian
Custody Account
Custody Services
Declaration
Effective Date
Electronic Instructions
Fees
Force Majeure
Governing Law
Instructions
Law
Losses
Market Rules
Notice
Operating Procedures
Principal
Regulatory Authority
Representatives
SCA
Securities
Security Interest
Services
Sub-Custodian
Term
Transaction
UAE
UAE Dirham
Voting Rights
Clauses
Appointment
Authority
Scope of Services
Asset Segregation
Custody Obligations
Sub-Custody
Regulatory Compliance
Record Keeping
Reporting
Instructions
Corporate Actions
Fees and Expenses
Payment Terms
Representations and Warranties
Confidentiality
Data Protection
Liability
Indemnification
Force Majeure
Termination
Assignment
Notices
Amendment
Severability
Entire Agreement
Governing Law
Dispute Resolution
Language
Counterparts
Authority
Scope of Services
Asset Segregation
Custody Obligations
Sub-Custody
Regulatory Compliance
Record Keeping
Reporting
Instructions
Corporate Actions
Fees and Expenses
Payment Terms
Representations and Warranties
Confidentiality
Data Protection
Liability
Indemnification
Force Majeure
Termination
Assignment
Notices
Amendment
Severability
Entire Agreement
Governing Law
Dispute Resolution
Language
Counterparts
Relevant Industries
Banking and Financial Services
Investment Management
Securities and Trading
Asset Management
Wealth Management
Trust Services
Real Estate Investment
Family Offices
Insurance
Pension Funds
Relevant Teams
Legal
Compliance
Operations
Risk Management
Client Services
Securities Services
Asset Services
Treasury
Regulatory Reporting
Account Management
Corporate Services
Relevant Roles
Chief Compliance Officer
Legal Counsel
Custody Operations Manager
Relationship Manager
Risk Manager
Operations Director
Head of Securities Services
Compliance Manager
Asset Services Manager
Client Services Director
Treasury Manager
Financial Controller
Head of Operations
Senior Legal Advisor
Regulatory Reporting Officer
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