Entire Section
COB A6.6 COB A6.6 Safe Custody Agreements with Third Party Agents
COB A6.6.1
Before an
Authorised Firm passes, or permits to be passed,Safe Custody Investments to aThird Party Agent it must have procured a written acknowledgement from theThird Party Agent stating:(a) that the title of the account sufficiently distinguishes that account from any account containingInvestments belonging to theAuthorised Firm , and is in the form requested by theAuthorised Firm ;(b) that theClient Investment will only be credited and withdrawn in accordance with the instructions of theAuthorised Firm ;(c) that theThird Party Agent will holdClient Investments separately from assets belonging to theThird Party Agent ;(d) the arrangements for recording and registeringClient Investments , claiming and receiving dividends and other entitlements and interest and the giving and receiving of instructions;(e) that theThird Party Agent will deliver a statement to theAuthorised Firm (including the frequency of such statement), which details theClient Investments deposited to the account;(f) that allInvestments standing to the credit of the account are held by theAuthorised Firm as agent and that theThird Party Agent is not entitled to combine the account with any other account or to exercise any charge, mortgage, lien, right of set-off or counterclaim againstInvestments in that account in respect of any sum owed to it on any other account of theAuthorised Firm ; and(g) the extent of liability of theThird Party Agent in the event of default.Derived from DFSA RM56/2008 (Made 1st July 2008). [VER14/07-08]
[Amended] DFSA RM66/2009 (Made 1st August 2009). [VER16/08-09]COB A6.6.2
(1) AnAuthorised Firm must maintain records of allSafe Custody Agreements and any instructions given by theAuthorised Firm to theThird Party Agent under the terms of the agreement.(2) The records must be maintained for at least of six years.Derived from DFSA RM56/2008 (Made 1st July 2008). [VER14/07-08]