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Custody Contract

Custody Contract Template for Ireland

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Key Requirements PROMPT example:

Custody Contract

"I need a Custody Contract under Irish law for a pension fund client where we'll be providing global custody services for a mixed portfolio of securities, with sub-custody arrangements and securities lending capabilities, starting March 2025."

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Document background
This Custody Contract is essential for establishing the legal and operational framework for safekeeping financial assets under Irish law. It is typically used when a financial institution (the custodian) agrees to hold and safeguard financial assets on behalf of a client, whether that client is an institutional investor, fund, or private entity. The document encompasses critical elements required by the Central Bank of Ireland's client asset regulations, including asset segregation, record-keeping requirements, and client money rules. It also incorporates obligations under European financial services legislation, particularly MiFID II as implemented in Ireland. The agreement is designed to provide comprehensive protection for client assets while establishing clear operational procedures and liability frameworks between the parties.
Suggested Sections

1. Parties: Identification of the custodian and the client, including regulatory status and registered addresses

2. Background: Context of the agreement and brief description of the services to be provided

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Appointment and Scope of Authority: Formal appointment of custodian and scope of services

5. Duties and Responsibilities of the Custodian: Detailed obligations regarding safekeeping, settlement, corporate actions, reporting

6. Client Assets and Client Money Rules: Compliance with Irish regulatory requirements for asset segregation and protection

7. Instructions and Communications: Procedures for giving and receiving instructions, authorized persons

8. Fees and Expenses: Fee structure, payment terms, and reimbursement of expenses

9. Representations and Warranties: Standard representations and warranties from both parties

10. Liability and Indemnification: Extent of custodian's liability and indemnification provisions

11. Confidentiality: Obligations regarding confidential information and data protection

12. Term and Termination: Duration of agreement and termination provisions

13. Governing Law and Jurisdiction: Irish law as governing law and jurisdiction for disputes

Optional Sections

1. Sub-Custodians: Terms for appointment and oversight of sub-custodians, used when sub-custody arrangements are anticipated

2. Securities Lending: Terms for any securities lending program, included if securities lending services are offered

3. Foreign Exchange Services: Terms for FX services, included if currency conversion services are required

4. Electronic Services: Terms for electronic access and reporting systems, included if online platforms are provided

5. Tax Reclaim Services: Terms for tax reclaim services, included if tax recovery services are offered

6. Regulatory Reporting: Additional reporting obligations, included if specific regulatory reporting is required

7. Client Classification: Specific terms based on client classification under MiFID II, included for regulated clients

Suggested Schedules

1. Schedule 1 - Services: Detailed description of all services to be provided

2. Schedule 2 - Fee Schedule: Detailed fee structure and calculation methodology

3. Schedule 3 - Authorized Persons: List of authorized signatories and contact persons

4. Schedule 4 - Operating Procedures: Detailed operational procedures and requirements

5. Schedule 5 - Markets and Sub-Custodians: List of markets served and appointed sub-custodians

6. Schedule 6 - Service Level Agreement: Specific service levels and performance standards

7. Appendix A - Account Opening Forms: Required documentation for account opening

8. Appendix B - SWIFT/Communication Protocols: Technical specifications for communications

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions


















































Clauses

























Relevant Industries

Banking

Financial Services

Asset Management

Investment Management

Pension Fund Management

Insurance

Wealth Management

Fund Administration

Securities Services

Corporate Treasury

Relevant Teams

Legal

Compliance

Operations

Client Services

Risk Management

Treasury

Fund Management

Investment Operations

Custody Operations

Securities Services

Product Development

Relationship Management

Relevant Roles

Legal Counsel

Compliance Officer

Relationship Manager

Operations Manager

Client Service Manager

Risk Manager

Treasury Manager

Fund Manager

Investment Officer

Custody Operations Officer

Head of Securities Services

Chief Operating Officer

Head of Legal

Head of Compliance

Portfolio 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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