Directive 2009/65/EC of the European Parliament and of the CouncilShow full title

[F1 Article 26b U.K.

The Commission shall be empowered to adopt delegated acts in accordance with Article 112a specifying:

(a)

the particulars that need to be included in the written contract referred to in Article 22(2);

(b)

the conditions for performing the depositary functions pursuant to Article 22(3), (4) and (5), including:

(i)

the types of financial instrument to be included in the scope of the custody duties of the depositary in accordance with point (a) of Article 22(5);

(ii)

the conditions subject to which the depositary is able to exercise its custody duties over financial instruments registered with a central depositary;

(iii)

the conditions subject to which the depositary is to safekeep the financial instruments issued in a nominative form and registered with an issuer or a registrar, in accordance with point (b) of Article 22(5);

(c)

the due diligence duties of depositaries pursuant to point (c) of Article 22a(2);

(d)

the segregation obligation pursuant to point (c) of Article 22a(3);

(e)

the steps to be taken by the third party pursuant to point (d) of Article 22a(3);

(f)

the conditions subject to which and circumstances in which financial instruments held in custody are to be considered to be lost for the purpose of Article 24;

(g)

what is to be understood by external events beyond reasonable control, the consequences of which would have been unavoidable despite all reasonable efforts to the contrary, pursuant to Article 24(1);

(h)

the conditions for fulfilling the independence requirement referred to in Article 25(2).]

Textual Amendments

F1 Inserted by Directive 2014/91/EU of the European Parliament and of the Council of 23 July 2014 amending Directive 2009/65/EC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) as regards depositary functions, remuneration policies and sanctions (Text with EEA relevance).