Part 4Governance of financial products
Governance of managed investment products: Custodianship of scheme property
157Custodian holds scheme property on trust
The custodian for a registered scheme holds the scheme property on trust for the scheme.
The custodian for a registered scheme must ensure that the scheme property is held separate from property held by any of the following persons on their own account:
- the custodian:
- any related party of the scheme.
The custodian must also comply with any other prescribed duties and other requirements in relation to the scheme property.
Scheme property—
- is not available for the payment of the debts of the custodian or any other creditor of the custodian; and
- is not liable to be attached or taken in execution under the order or process of any court at the instance of the custodian or any other creditor of the custodian.
Nothing in this section takes away or affects any lawful lien or claim that a custodian who holds scheme property has against the scheme property.


