On the 5th January 2016, the MFSA issued a Circular to the financial services industry confirming that the European Commission has adopted the first draft of the UCITS V Delegated Regulation as of the 17th December 2015.
The Delegated Regulation fleshes out the UCITS V requirements concerning depositaries, setting out further detailed requirements in respect of:
- The various obligations incumbent upon the depositary relative to oversight, due diligence, segregation and insolvency protection;
- Minimum requirements for the contract between the management company or the investment company and the depositary;
- Independence requirements for management companies, investment companies, depositaries and third parties to whom the safekeeping function has been delegated; and
- The conditions and circumstances in which financial instruments held in custody are considered to be ‘lost’.
The UCITS V Delegated Regulation will implement UCITS V which is expected to enter into force on the 18th March 2016.