As Foreign Custody Manager Clause Samples
The "As Foreign Custody Manager" clause designates a party, typically a bank or financial institution, as the entity responsible for overseeing the custody of assets held in foreign jurisdictions. This clause outlines the manager's duties, such as selecting and monitoring foreign sub-custodians, ensuring compliance with local regulations, and safeguarding client assets abroad. By clearly assigning these responsibilities, the clause helps mitigate risks associated with international asset custody and ensures accountability for the proper management and protection of assets held outside the home country.
As Foreign Custody Manager the Custodian shall:
(i) be responsible for performing the delegated responsibilities defined below only with respect to the countries set forth in Schedule III hereto as amended from time to time by the parties;
(i) select Eligible Foreign Custodians to serve as foreign custodians and place and maintain the Client’s foreign investments with such foreign custodians;
(ii) in selecting an Eligible Foreign Custodian, first determine that foreign investments placed and maintained in the safekeeping of each Eligible Foreign Custodian shall be subject to reasonable care, based on the standards applicable to custodians in the relevant market, after having considered all factors relevant to the safekeeping of such investments including, without limitation, those factors set forth in Rule 17f-5(c)(1)(i)- (iv);
(iii) enter into written agreements with each Eligible Foreign Custodian selected by the Custodian hereunder;
(iv) determine that the written contract with each Eligible Foreign Custodian requires that the Eligible Foreign Custodian will provide reasonable care for the foreign investments, based on the standards applicable to custodians in the relevant market, and that all such contracts, rules, practices and procedures satisfy the requirements of Rule 17f-5(c)(2);
(v) provide written reports (x) notifying the Board of the placement of foreign investments with each Eligible Foreign Custodian, including the withdrawal of foreign investments from any Eligible Foreign Custodian, such reports to be provided at such time as the Board deems reasonable and appropriate, but not less than quarterly, and (y) promptly notifying the Board of the occurrence of any material change in the arrangements with an Eligible Foreign Custodian; and
(vi) monitor the continued appropriateness of (x) maintaining the foreign investments with Eligible Foreign Custodians selected hereunder and (y) the governing contractual arrangements. In the event the Custodian shall determine that any Eligible Foreign Custodian would no longer afford the foreign investments reasonable care, the Custodian shall promptly so advise the Client and shall then act in accordance with Instructions (as defined in this Agreement) with respect to the disposition of the foreign investments. The Client agrees that nothing in this Agreement shall require the Custodian to make any selection on behalf of the Client that would entail consideration of any factor reasonably related to the systemic risk of holding assets...