Custodian Declaration Form for South Africa

Custodian Declaration Form Template for South Africa

A comprehensive declaration document required under South African financial regulations, specifically designed for custodian institutions to formally declare their compliance with regulatory requirements, operational capabilities, and risk management frameworks. The document addresses requirements under the Financial Markets Act, FAIS Act, and other relevant South African legislation, providing detailed attestations about the institution's custody services, asset segregation practices, and compliance mechanisms. It serves as both a regulatory compliance tool and a formal statement of the custodian's capabilities and commitments.

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What is a Custodian Declaration Form?

The Custodian Declaration Form is a mandatory document required by South African financial regulations for institutions providing custody services. It serves as a formal declaration of compliance with regulatory requirements, including those set forth by the Financial Sector Conduct Authority (FSCA) and other regulatory bodies. The form is typically required during initial licensing, periodic renewals, or when significant changes occur in the custodian's operations. It contains comprehensive declarations about the institution's operational capabilities, risk management frameworks, compliance mechanisms, and asset segregation practices. The document plays a crucial role in demonstrating the custodian's adherence to South African financial market regulations and their commitment to protecting client assets.

What sections should be included in a Custodian Declaration Form?

1. 1. Custodian Details: Full legal name, registration number, FSP license number, and registered address of the custodian institution

2. 2. Authorizations and Licenses: Declaration of valid licenses and authorizations held by the custodian, including FSCA registration details

3. 3. Scope of Custody Services: Detailed description of the custody services provided, including asset types covered and jurisdictions

4. 4. Compliance Declarations: Declarations regarding compliance with relevant laws, regulations, and industry standards

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

6. 6. Segregation of Assets: Declaration regarding the segregation of client assets from proprietary assets

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

8. 8. Reporting Commitments: Declaration of reporting capabilities and commitments to clients and regulators

9. 9. Certification: Signed certification of the truthfulness and accuracy of all declarations made

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

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

2. Foreign Market Activities: Additional declarations for custodians operating in foreign markets

3. Digital Asset Custody: Specific declarations for custodians handling digital assets or cryptocurrencies

4. Securities Lending: Declarations regarding securities lending programs, if applicable

5. Insurance Coverage: Details of professional indemnity and other relevant insurance coverage

What schedules should be included in a Custodian Declaration Form?

1. Schedule A - Licensed Services: Detailed list of all licensed custody services and associated regulatory authorizations

2. Schedule B - Key Personnel: List of key personnel responsible for custody operations and their qualifications

3. Schedule C - Systems and Controls: Overview of systems, controls, and procedures in place for custody services

4. Appendix 1 - Compliance Certificates: Copies of relevant compliance certificates and licenses

5. Appendix 2 - Risk Management Framework: Summary of the risk management framework and procedures

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

South Africa

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Banking

Investment Management

Asset Management

Securities Services

Pension Fund Administration

Insurance

Wealth Management

Private Equity

Hedge Funds

Relevant Teams

Legal

Compliance

Risk Management

Operations

Custody Services

Regulatory Reporting

Internal Audit

Client Services

Business Development

Relevant Roles

Compliance Officer

Legal Counsel

Risk Manager

Operations Director

Head of Custody Services

Chief Operating Officer

Chief Risk Officer

Chief Compliance Officer

Head of Legal

Financial Director

Company Secretary

Head of Operations

Regulatory Reporting 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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