Custodian Declaration Form for India

Custodian Declaration Form Template for India

A Custodian Declaration Form is a formal regulatory document required under Indian securities law, specifically regulated by the Securities and Exchange Board of India (SEBI). This document serves as an official declaration by custodian entities regarding their compliance with regulatory requirements, operational capabilities, and risk management systems. The form includes crucial declarations about the segregation of client assets, maintenance of proper records, and adherence to SEBI (Custodian of Securities) Regulations, 1996, along with other applicable Indian laws governing custodial services in the securities market.

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What is a Custodian Declaration Form?

The Custodian Declaration Form is a mandatory regulatory document required by Indian law for entities providing custodial services in the securities market. This document is essential for demonstrating compliance with the SEBI (Custodian of Securities) Regulations, 1996, and other relevant Indian securities laws. The form is typically required during initial registration as a custodian, during periodic renewals, or when there are significant changes in the custodian's operations or services. It contains detailed declarations about the entity's operational capabilities, risk management systems, compliance procedures, and segregation of client assets. The document serves as a formal attestation to regulatory authorities about the custodian's adherence to prescribed standards and requirements under Indian law.

What sections should be included in a Custodian Declaration Form?

1. Declarant Details: Full details of the custodian entity making the declaration, including registration numbers and SEBI registration details

2. Regulatory Status: Confirmation of current regulatory status, licenses, and registrations held by the custodian

3. Operational Capabilities: Declaration of infrastructure, systems, and procedures in place for custodial services

4. Compliance Declarations: Specific declarations regarding compliance with SEBI regulations and other applicable laws

5. Risk Management: Declarations regarding risk management systems and procedures in place

6. Segregation of Assets: Confirmation of proper segregation of client assets and maintenance of separate accounts

7. Record Keeping: Declarations regarding maintenance of proper records and reporting systems

8. Authorization: Details of authorized signatories and execution block

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

1. Foreign Portfolio Services: Additional declarations specific to handling foreign portfolio investments, required if offering services to foreign investors

2. Digital Assets Custody: Specific declarations regarding digital asset custody capabilities, required if handling digital securities or assets

3. Sub-Custodian Arrangements: Declarations regarding any sub-custodian relationships, required if using sub-custodians

4. Insurance Coverage: Details of insurance policies maintained, optional but recommended for enhanced transparency

What schedules should be included in a Custodian Declaration Form?

1. Schedule A - List of Services: Detailed list of custodial services offered and corresponding capabilities

2. Schedule B - Key Personnel: List of key management personnel and their qualifications

3. Schedule C - Compliance Certificate: Recent compliance certificates from auditors or regulatory authorities

4. Appendix 1 - Technical Infrastructure: Details of technical systems and infrastructure in place for custodial services

5. Appendix 2 - Risk Management Framework: Detailed documentation of risk management procedures and systems

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

Jurisdiction

India

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Banking

Securities Market

Asset Management

Investment Management

Wealth Management

Corporate Services

Trust Services

Global Custody Services

Securities Trading

Relevant Teams

Legal

Compliance

Risk Management

Operations

Custody Services

Regulatory Affairs

Corporate Secretarial

Internal Audit

Finance

Board Secretariat

Relevant Roles

Compliance Officer

Legal Counsel

Company Secretary

Risk Manager

Operations Director

Chief Financial Officer

Head of Custody Services

Regulatory Affairs Manager

Managing Director

Board Director

Chief Operating Officer

Head of Legal

Internal Auditor

Custodial Operations 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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