The Custodian Declaration Form is a crucial regulatory document required by the Malta Financial Services Authority for entities providing custodial services in or from Malta. This document is typically required during the initial licensing process, upon significant operational changes, or as part of annual regulatory filings. It serves as a formal attestation where the custodian declares their compliance with regulatory requirements, confirms their operational capabilities, and acknowledges their responsibilities under Maltese and EU law. The form includes comprehensive declarations about the institution's ability to safeguard client assets, maintain proper segregation, implement required controls, and meet ongoing regulatory obligations. Given Malta's status as a financial services hub and EU member state, this document must address both local requirements and relevant EU directives.
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1. Declarant Details: Identification details of the custodian making the declaration, including full legal name, registration number, registered address, and regulatory licenses held
2. Regulatory Status: Confirmation of the custodian's regulatory status, including all relevant licenses and authorizations held under Maltese and EU law
3. Scope of Services: Detailed description of the custodial services to be provided, including asset types and categories to be held
4. Compliance Declarations: Core declarations regarding compliance with relevant laws, regulations, and operational requirements
5. Risk Management: Declarations regarding risk management procedures and systems in place
6. Segregation of Assets: Declarations regarding the segregation of client assets and related controls
7. Record Keeping: Commitments regarding maintenance of proper records and documentation
8. Reporting Obligations: Acknowledgment of reporting requirements to authorities and clients
9. Execution: Signature block and execution details, including date and capacity of signatory
1. Sub-Custodian Arrangements: Required when the custodian intends to use sub-custodians, detailing the oversight and due diligence procedures
2. Cross-Border Activities: Required when custodial services will involve cross-border elements or multiple jurisdictions
3. Digital Asset Custody: Required when the custodian will be holding digital assets or cryptocurrencies
4. Professional Indemnity Insurance: Details of insurance coverage, required for certain types of custodial services
5. Conflict of Interest Management: Required when the custodian provides other services that might create conflicts of interest
6. Business Continuity: Required for custodians holding significant assets or serving institutional clients
1. Schedule A - Asset Types: Detailed list of asset types and categories covered by the custodial arrangement
2. Schedule B - Fee Schedule: If applicable, breakdown of custodial fees and charges
3. Schedule C - Operating Procedures: Overview of key operational procedures and controls
4. Appendix 1 - Regulatory Licenses: Copies of relevant regulatory licenses and authorizations
5. Appendix 2 - Compliance Certificates: Relevant compliance certifications and confirmations
6. Appendix 3 - Key Personnel: Details of key personnel responsible for custodial operations and their qualifications
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Investment Management
Fund Administration
Wealth Management
Digital Assets and Cryptocurrencies
Securities Services
Trust and Fiduciary Services
Capital Markets
Relevant Teams
Legal
Compliance
Risk Management
Operations
Client Assets
Regulatory Affairs
Internal Audit
Finance
Client Services
Business Development
Relevant Roles
Chief Executive Officer
Chief Compliance Officer
Head of Custody Services
Money Laundering Reporting Officer
Risk Manager
Head of Operations
Legal Counsel
Regulatory Affairs Director
Chief Risk Officer
Head of Client Assets
Custody Operations Manager
Chief Operating Officer
Director of Financial Services
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