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The Open-Ended Investment Companies (Investment Companies with Variable Capital) Regulations 1996

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Safekeeping of scheme property by depositary

5.—(1) Subject to paragraph (2) below, all the scheme property of an investment company with variable capital shall be entrusted for safekeeping to a person appointed for the purpose (“a depositary”).

(2) Nothing in paragraph (1) above—

(a)shall apply to any scheme property designated for the purposes of this regulation by SIB regulations;

(b)shall prevent a depositary from—

(i)entrusting to a third party all or some of the assets in its safekeeping; or

(ii)in a case falling within paragraph (i) above, authorising the third party to entrust all or some of those assets to other specified persons.

(3) Schedule 2 to these Regulations (which makes provision with respect to depositaries of investment companies with variable capital) shall have effect.

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