The Custodian Declaration Form is a crucial regulatory document required in Malaysia's financial services sector. It is typically used when a financial institution seeks to provide or confirm its custodial services, ensuring compliance with Malaysian regulatory requirements, particularly the Capital Markets and Services Act 2007 and guidelines issued by the Securities Commission Malaysia. The form includes comprehensive declarations about the custodian's operational capabilities, risk management procedures, and compliance frameworks. This document is essential for maintaining transparency in custodial services and demonstrating adherence to regulatory standards in Malaysia's financial markets.
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1. Parties: Identification of the Custodian and details of their licensing/registration status
2. Background: Context of the declaration, including the custodian's role and general purpose of the declaration
3. Definitions: Key terms used throughout the declaration form
4. Custodian Details: Detailed information about the custodian entity, including registration numbers, business address, and regulatory licenses
5. Scope of Services: Description of custodial services provided and types of assets covered
6. Regulatory Compliance: Declaration of compliance with relevant Malaysian laws and regulations
7. Asset Segregation: Declaration regarding segregation of client assets from custodian's own assets
8. Record Keeping: Commitments regarding maintenance of proper records and documentation
9. Risk Management: Declaration of risk management procedures and controls in place
10. Execution: Signature block and execution details
1. Sub-Custodian Arrangements: Include when the custodian uses or may use sub-custodians for certain assets
2. Foreign Investment Declaration: Include when dealing with foreign investments or cross-border transactions
3. Digital Asset Custody: Include when the custodian handles digital assets or cryptocurrencies
4. Shariah Compliance: Include when the custodian offers Islamic custody services
5. Insurance Coverage: Include when specific insurance details need to be declared
1. Schedule 1 - Asset Classes: Detailed list of asset classes covered under the custodian arrangement
2. Schedule 2 - Regulatory Licenses: Copies or details of relevant regulatory licenses and registrations
3. Schedule 3 - Key Personnel: List of key personnel responsible for custodial services
4. Appendix A - Compliance Checklist: Checklist confirming compliance with key regulatory requirements
5. Appendix B - Risk Management Framework: Overview of risk management procedures and controls
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Asset Management
Investment Services
Securities Trading
Wealth Management
Fund Administration
Trust Services
Insurance
Islamic Banking
Relevant Teams
Legal
Compliance
Risk Management
Operations
Custody Operations
Securities Services
Client Services
Regulatory Reporting
Asset Services
Relevant Roles
Chief Compliance Officer
Head of Custody Services
Legal Counsel
Risk Manager
Operations Director
Compliance Manager
Head of Securities Services
Trust Officer
Chief Operating Officer
Regulatory Reporting Officer
Asset Services Manager
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