Safeguarding Financial Instruments (i.e. Custodian)
LR-1.3.29
Safeguarding
financial instruments means the safeguarding offinancial instruments for the account of clients.October 2007LR-1.3.30
A person does not carry on an activity specified in Rule LR-1.3.29 if the person receives documents relating to a
financial instrument for the purpose of onward transmission to, from, or at the direction of the person to whom thefinancial instrument belongs; or else is simply providing a physical safekeeping service such as a deed box.October 2007LR-1.3.31
A person does not carry on an activity specified in Rule LR-1.3.29 if a third person, namely a
qualifying custodian , accepts responsibility with regard to thefinancial instrument .October 2007LR-1.3.32
A "
qualifying custodian " means a person who is:(a) A licensee who has permission to carry on an activity of the kind specified in Rule LR-1.3.29; or(b) An exempt person in relation to activities of that kind.Amended: October 2010
October 2007LR-1.3.33
A person does not carry on an activity specified in Rule LR-1.3.29 if they are managing a central depository, which is part of an exchange recognised by the CBB.
October 2007LR-1.3.34
The following are examples of activities, which when taken in isolation, are unlikely to be regarded as an activity of the kind specified under Rule LR-1.3.29:
(a) Providing information as to the number of units or the value of any assets safeguarded; and(b) Converting currency.Amended: October 2010
October 2007LR-1.3.35
A person undertaking an activity of the kind specified under Rule LR-1.3.29 may also be engaged in the administration of the
financial instruments , including related services such as cash/collateral management.October 2007