The Custodianship Declaration serves as a fundamental document in Irish financial and asset management services, establishing the legal framework for custodial relationships. It is typically used when an entity or individual needs to formally appoint a custodian to hold and safeguard assets on their behalf, whether these are financial instruments, securities, or other valuable assets. The declaration must comply with Irish regulatory requirements, including the Central Bank Act, Investment Intermediaries Act, and relevant EU regulations such as MiFID II. This document is essential for regulated financial institutions, corporate trustees, and professional custodians operating in Ireland, as it clearly defines the scope of authority, duties, and responsibilities of the custodian while protecting the interests of the asset owner. The Custodianship Declaration includes crucial details about asset handling procedures, reporting requirements, fee structures, and risk management provisions, making it a vital tool for establishing transparent and compliant custodial arrangements.
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1. Parties: Identification of the custodian and the beneficial owner(s) of the assets
2. Background: Context of the custodial arrangement and purpose of the declaration
3. Definitions: Key terms used throughout the declaration
4. Appointment and Authority: Formal appointment of the custodian and scope of authority
5. Assets Under Custody: Description and identification of assets covered by the declaration
6. Custodian Duties and Responsibilities: Detailed outline of custodian's obligations and fiduciary duties
7. Asset Handling Procedures: Procedures for receiving, holding, and releasing assets
8. Record Keeping and Reporting: Requirements for maintaining records and providing reports
9. Fees and Expenses: Details of custodian compensation and recoverable 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: Confirmation of Irish law governance and jurisdiction
1. Regulatory Compliance: Required for regulated entities, detailing compliance with specific financial regulations
2. Sub-Custodian Arrangements: Include when third-party sub-custodians may be appointed
3. Investment Guidelines: Required when custodian has any investment discretion
4. Special Instructions for Minors: Include when assets are held for underage beneficiaries
5. Voting Rights and Corporate Actions: Required for custody of securities with voting rights
6. Tax Obligations: Include when custodian has tax-related responsibilities
7. Insurance Requirements: Include when specific insurance coverage is required
8. Conflict Resolution: Optional detailed dispute resolution procedures
1. Schedule 1 - Asset Register: Detailed inventory of assets under custody
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees and charges
3. Schedule 3 - Authorized Signatories: List of persons authorized to give instructions
4. Schedule 4 - Reporting Requirements: Specific reporting formats and timeframes
5. Schedule 5 - Operating Procedures: Detailed operational procedures for asset handling
6. Appendix A - Required Forms: Standard forms for instructions and transfers
7. Appendix B - Regulatory Declarations: Required regulatory confirmations and declarations
Relevant legal definitions
Account
Affiliate
Applicable Law
Assets
Authorized Person
Banking Day
Beneficial Owner
Business Day
Central Bank
Client Assets
Client Asset Regulations
Commencement Date
Confidential Information
Corporate Action
Custodial Account
Custodial Services
Custodian
Custody Assets
Delegate
Effective Date
Eligible Assets
Event of Default
Financial Instruments
Force Majeure Event
Governing Law
Instructions
Investment
Investment Guidelines
Loss
Market
MiFID II
Nominee
Notice
Operating Procedures
Parties
Record Date
Regulatory Authority
Regulatory Requirements
Related Party
Relevant Jurisdiction
Representatives
Securities
Services
Settlement Date
Sub-custodian
Tax
Term
Transaction
Trust Property
Valuation Date
Affiliate
Applicable Law
Assets
Authorized Person
Banking Day
Beneficial Owner
Business Day
Central Bank
Client Assets
Client Asset Regulations
Commencement Date
Confidential Information
Corporate Action
Custodial Account
Custodial Services
Custodian
Custody Assets
Delegate
Effective Date
Eligible Assets
Event of Default
Financial Instruments
Force Majeure Event
Governing Law
Instructions
Investment
Investment Guidelines
Loss
Market
MiFID II
Nominee
Notice
Operating Procedures
Parties
Record Date
Regulatory Authority
Regulatory Requirements
Related Party
Relevant Jurisdiction
Representatives
Securities
Services
Settlement Date
Sub-custodian
Tax
Term
Transaction
Trust Property
Valuation Date
Clauses
Appointment
Authority
Asset Custody
Segregation of Assets
Sub-custodian Arrangements
Fees and Expenses
Instructions
Reporting
Record Keeping
Corporate Actions
Asset Transfer
Lien Rights
Security Interest
Confidentiality
Data Protection
Regulatory Compliance
Anti-Money Laundering
Representations and Warranties
Liability
Indemnification
Force Majeure
Termination
Assignment
Amendments
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Client Asset Protection
Voting Rights
Tax Obligations
Insurance
Authority
Asset Custody
Segregation of Assets
Sub-custodian Arrangements
Fees and Expenses
Instructions
Reporting
Record Keeping
Corporate Actions
Asset Transfer
Lien Rights
Security Interest
Confidentiality
Data Protection
Regulatory Compliance
Anti-Money Laundering
Representations and Warranties
Liability
Indemnification
Force Majeure
Termination
Assignment
Amendments
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Client Asset Protection
Voting Rights
Tax Obligations
Insurance
Relevant Industries
Financial Services
Banking
Investment Management
Trust Services
Asset Management
Wealth Management
Private Banking
Corporate Services
Fund Administration
Securities Services
Family Office Services
Relevant Teams
Legal
Compliance
Operations
Risk Management
Client Services
Custody Operations
Trust Administration
Regulatory Affairs
Asset Services
Investment Administration
Client Onboarding
Account Management
Securities Processing
Relevant Roles
Legal Counsel
Compliance Officer
Trust Officer
Custody Operations Manager
Relationship Manager
Risk Manager
Financial Controller
Investment Manager
Wealth Manager
Operations Director
Head of Securities Services
Regulatory Compliance Manager
Client Services Manager
Portfolio Manager
Chief Operating Officer
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