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Commission Delegated Regulation (EU) 2016/438Show full title

Commission Delegated Regulation (EU) 2016/438 of 17 December 2015 supplementing Directive 2009/65/EC of the European Parliament and of the Council with regard to obligations of depositaries (Text with EEA relevance)

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Commission Delegated Regulation (EU) 2016/438 is up to date with all changes known to be in force on or before 23 January 2026. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. CHAPTER 1 DEFINITIONS AND DETAILS OF THE WRITTEN CONTRACT

    1. Article 1.Definitions

    2. Article 2.Contract for the appointment of a depositary

  3. CHAPTER 2 DEPOSITARY FUNCTIONS, DUE DILIGENCE DUTIES, SEGREGATION OBLIGATION AND INSOLVENCY PROTECTION

    1. Article 3.Oversight duties — general requirements

    2. Article 4.Duties regarding subscription and redemptions

    3. Article 5.Duties regarding the valuation of units

    4. Article 6.Duties regarding the carrying out of the UK UCITS' instructions

    5. Article 7.Duties regarding the timely settlement of transactions

    6. Article 8.Duties related to the UK UCITS' income calculation and distribution

    7. Article 9.Cash monitoring — general requirements

    8. Article 10.Monitoring of the UK UCITS' cash flows

    9. Article 11.Duties regarding payments upon the subscriptions

    10. Article 12.Financial instruments to be held in custody

    11. Article 13.Safekeeping duties with regard to assets held in custody

    12. Article 14.Safekeeping duties regarding ownership verification and record keeping

    13. Article 15.Due diligence

    14. Article 16.Segregation obligation

    15. Article 17.Insolvency protection of UK UCITS assets when delegating custody functions

  4. CHAPTER 3 LOSS OF FINANCIAL INSTRUMENTS AND LIABILITY DISCHARGE

    1. Article 18.Loss of a financial instrument held in custody

    2. Article 19.Liability discharge

  5. CHAPTER 4 INDEPENDENCE REQUIREMENTS AND FINAL PROVISIONS

    1. Article 20.Management body

    2. Article 21.Common management

    3. Article 22.Appointment of depositary and delegation of safekeeping

    4. Article 23.Conflicts of interest

    5. Article 24.Independence of management boards and supervisory functions

    6. Article 25.Entry into force and application

  6. Signature

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