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+Article 89 1. |
Article 89 1.In order to comply with the obligations laid down in point (a) of Article 21(8) of Directive 2011/61/EU with respect to financial instruments to be held in custody, a depositary shall ensure at least that:
(a)
the financial instruments are properly registered in accordance with Article 21(8)(a)(ii) of Directive 2011/61/EU;
(b)
records and segregated accounts are maintained in a way that ensures their accuracy, and in particular record the correspondence with the financial instruments and cash held for AIFs;
(c)
reconciliations are conducted as often as necessary between the depositary's internal accounts and records and those of any third party to whom custody functions are delegated in accordance with Article 21(11) of Directive 2011/61/EU;
(d)
due care is exercised in relation to the financial instruments held in custody in order to ensure a high standard of investor protection;
(e)
all relevant custody risks throughout the custody chain are assessed and monitored and the AIFM is informed of any material risk identified;
(f)
adequate organisational arrangements are introduced to minimise the risk of loss or diminution of the financial instruments, or of rights in connection with those financial instruments as a result of fraud, poor administration, inadequate registering or negligence;
(g)
the AIF’s ownership right or the ownership right of the AIFM acting on behalf of the AIF over the assets is verified. In relation to point (c) of the first subparagraph, the frequency of the reconciliations shall be determined on the basis of the following:
(a)
the normal trading activity of the AIF;
(b)
any trade occurring outside the normal trading activity;
(c)
any trade occurring on behalf of any other client whose assets are held by the third party in the same financial instruments account as the assets of the AIF. 1. Przegląd
1.1 Odwołania1.2 Zidentyfikowane wymagania1.3 Powiązane normy2. Zidentyfikowane wymagania
3. Powiązane normy
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