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Custody Contract

Custody Contract Template for Belgium

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Key Requirements PROMPT example:

Custody Contract

"I need a Custody Contract under Belgian law for a pension fund client who requires enhanced reporting features and specific ESG investment monitoring, with the agreement planned to take effect from March 1, 2025."

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Document background
The Custody Contract is a fundamental agreement in the financial services industry, essential for establishing the legal framework under which a custodian bank or financial institution provides safekeeping and administration services for financial assets. This document is used when institutional investors, investment funds, or other financial entities require a qualified custodian to hold their assets in accordance with Belgian law and regulatory requirements. The contract encompasses crucial elements such as asset segregation, liability allocation, operational procedures, and regulatory compliance measures, particularly addressing requirements under Belgian financial services legislation and EU directives. It's designed to protect both the custodian and the client while ensuring clear service levels and responsibilities in the context of Belgian financial markets.
Suggested Sections

1. Parties: Identification of the custodian and the client, including regulatory status and contact details

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

3. Definitions and Interpretation: Detailed definitions of terms used in the agreement and rules of interpretation

4. Appointment and Scope of Services: Formal appointment of custodian and detailed description of core custody services

5. Duties and Responsibilities of the Custodian: Comprehensive listing of custodian's obligations including safekeeping, settlement, and record-keeping

6. Client Obligations: Client's responsibilities including provision of instructions and information

7. Securities and Cash Accounts: Details of account structure, segregation requirements, and account operation

8. Instructions and Communications: Procedures for giving and receiving instructions, authentication requirements

9. Fees and Expenses: Fee structure, payment terms, and reimbursable expenses

10. Tax Obligations: Treatment of tax matters, withholding obligations, and tax documentation

11. Representations and Warranties: Standard representations by both parties regarding capacity, authority, and compliance

12. Liability and Indemnification: Scope of liability, limitation of liability, and indemnification provisions

13. Confidentiality and Data Protection: Obligations regarding confidential information and compliance with GDPR

14. Term and Termination: Duration of agreement, termination rights, and consequences of termination

15. Governing Law and Jurisdiction: Belgian law as governing law and jurisdiction for disputes

Optional Sections

1. Sub-Custodian Arrangements: Include when the custodian may need to appoint sub-custodians for specific markets or assets

2. Corporate Actions: Include for custody of equities requiring corporate action processing

3. Securities Lending: Include if securities lending services are offered

4. Reporting Requirements: Include detailed reporting section if client has specific reporting needs beyond standard requirements

5. Foreign Exchange Services: Include if FX services are part of the custody arrangement

6. Electronic Services: Include if providing online portal or electronic access to accounts

7. Force Majeure: Include detailed force majeure provisions if required by client or market conditions

8. Insurance: Include specific insurance requirements if requested by client

9. Anti-Money Laundering: Include detailed AML procedures if dealing with high-risk clients or jurisdictions

Suggested Schedules

1. Schedule 1 - Service Level Agreement: Detailed operational procedures, cut-off times, and service standards

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, charges, and calculation methodologies

3. Schedule 3 - Authorized Persons: List of persons authorized to give instructions on behalf of the client

4. Schedule 4 - Markets and Sub-Custodians: List of markets served and appointed sub-custodians

5. Schedule 5 - Account Opening Forms: Required documentation for opening custody and cash accounts

6. Schedule 6 - Operating Procedures: Detailed procedures for settlements, corporate actions, and other operational matters

7. Appendix A - SWIFT Message Types: List of accepted SWIFT message types and formats for instructions

8. Appendix B - Reporting Formats: Templates and specifications for regular reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 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 Funds

Insurance

Private Equity

Wealth Management

Fund Administration

Securities Services

Relevant Teams

Legal

Compliance

Operations

Risk Management

Client Services

Account Management

Treasury

Securities Services

Client Onboarding

Relationship Management

Financial Control

Regulatory Reporting

Asset Services

Settlement

Relevant Roles

Head of Custody Services

Legal Counsel

Compliance Officer

Relationship Manager

Operations Manager

Risk Manager

Client Service Manager

Account Manager

Treasury Manager

Financial Controller

Head of Securities Services

Investment Operations Director

Custody Operations Manager

Chief Operating Officer

Head of Client Onboarding

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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