What is a fund custodian company?
Fund custodian companies are also based on the principle of "separation
of management and custody" in fund operation. They are fund custodians
designated by investment companies. They are generally strong commercial
banks or trust investment institutions. They are mainly responsible for the
custody of fund assets, handling the settlement, transfer, and payment of
income in securities trading, calculating fund trading prices, reviewing the
net asset value of funds and issuing fund performance reports...
Qualifications of fund custody
companies
1. A commercial company approved by the Bank of Singapore to serve as a
fund custodian;
2. Have a sound business style and standardized business behavior, maintain a good financial condition in the three years before the application is made, and have not been subject to major penalties by the competent authorities...
2. Have a sound business style and standardized business behavior, maintain a good financial condition in the three years before the application is made, and have not been subject to major penalties by the competent authorities...
Responsibilities of fund custodians
Fund custodians shall keep fund assets in good faith, diligence and responsibility, and shall not seek profits for themselves or any third party, nor entrust third parties to custody fund assets, except in accordance with laws, administrative regulations, fund contracts and other relevant regulations. It shall perform the following duties
- Establish and improve internal risk control, supervision and auditing, financial management and personnel management systems to ensure the safety of all assets of the entrusted funds;
- Set up accounts for different funds, conduct independent accounting and separate account management, and ensure that their own assets and the different funds under their custody are independent of each other in terms of register, account setting, fund transfer, account book records, etc.;
- Execute the investment instructions issued by the fund management company and be responsible for the fund's fundtransactions;
- Safeguard major contracts related to the fund and relevant equity certificates signed by the fund management company on behalf of the fund;
- Supervise the investment operations of the fund management company. If it is found that the investment instructions of the fund management company violate national laws and regulations or the articles of association of the fund company, it shall not be executed and shall be notified to the fund management company and reported to the board of directors of the fund company in a timely manner; investment behaviors that have violated national laws and regulations shall be reported to the competent authorities in a timely manner;
- Accept the supervision of the fund management company;
- Review and examine the net asset value of the fund calculated by the fund manager;
- Issue reports on fund performance and fund custody in accordance with regulations, and report to the fund company's board ofdirectors, relevant competent authorities and the Bank of Singapore ;
- Keep the fund's commercial secrets;
- Establish and maintain a register of fund holders, and be responsible for the transfer and registration of fund unit transfers;
- Preserve the fund's accounting books, statements and records in accordance with relevant regulations;
- Prepare relevant account books in accordance with regulations and check with the fund manager;
- Participate in the fund liquidation team in accordance with regulations, and participate in the custody, liquidation, valuation, realization and distribution of fund assets;
- When facing dissolution, revocation according to law, bankruptcy or the receiver taking over its assets, it should promptly report to the relevant competent authorities and Singapore Bank, and notify the fund manager:
- Other duties stipulated in the custody agreement and the fund company's articles of association:
Management of fund custodian companies
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Qualifications of trustee companies. Trustee companies must be banks or trust companies with
certain qualifications, and the
necessary conditions are as follows:
① Capital. Trustee companies must have strong financial strength, and generally require their capital to be more than twice the amount of fund issuance.
② Other conditions. Trustee companies must have experience in operating financial businesses for more than a certain number of years, have a profit record for several years before, and have never violated laws or harmed the interests of investors during this period. At the same time, it is required that it has no interest and administrative relationship with the management company. A bank or trust company must apply for approval from the competent authority to obtain the status of a trustee company. When applying, it is necessary to submit an application report, a trust agreement and other documents deemed necessary by the competent authority to the competent authority. -
Duties and obligations of the trustee company. In fund management regulations, the duties and
obligations of the trustee
company must be clearly defined so that it can operate within its authority and fully exercise
its supervisory responsibilities. Its
duties and obligations generally include:
① Safeguard the assets of a fund or multiple funds;
② Handle the trading and settlement of securities in accordance with the instructions of the management company;
③ Submit a report to the fund after each trust settlement period, explaining the implementation of the trust contract and major agreements, the growth of fund assets, or the trading and price of the fund after listing;
④ Collect dividends and interest on its investment on behalf of the fund;
⑤ Establish relevant accounts for fund assets, save relevant information on transactions, settlement and settlement, and save original certificates of relevant fund income;
⑥ The trustee company shall refuse to execute the instructions of the fund management company that do not comply with relevant laws and regulations and the trust contract:
⑦ When the trustee company's investment in fund assets exceeds the relevant regulations and the investment restrictions of the trust contract, it shall promptly point it out to the fund management company and supervise the fund to correct it as soon as possible;
⑧ The trustee company shall manage the fund assets and its own assets separately.
Mandatory resignation of fund custodian
In any of the following circumstances, the fund custodian must resign with the approval of the competent authorities and the Bank of Singapore:
- The fund manager is dissolved, revoked according to law, bankrupt, or its assets are taken over by the receiver;
- The fund manager is dissolved, revoked ac2. The board of directors of the fund management company has sufficient reasons to believe that replacing the fund custodian is in the interests of the fund holding company;cording to law, bankrupt, or its assets are taken over by the receiver;
- Fund holders representing a certain proportion (such as 50%) of fund units request the fund custodian to resign;
- The competent authorities or the Bank of Singapore have sufficient reasons to believe that the fund custodian cannot continue to perform the fund custody duties. After the original fund custodian resigns, the board of directors of the fund company shall nominate and form a resolution in accordance with the procedures listed in the fund articles of association, and propose a list of new fund custodians. The new fund custodian shall be reviewed and approved by the relevant competent authorities and the Bank of Singapore. The original fund custodian may resign. If there is no new fund custodian for the fund managed by the original fund custodian, the fund shall be terminated.