Financial Markets Conduct Act 2013

Governance of financial products - Governance of managed investment products - Custodianship of scheme property

157: Custodian holds scheme property on trust

You could also call this:

"A custodian looks after a scheme's property and keeps it safe for the scheme's benefit."

Illustration for Financial Markets Conduct Act 2013

When you have a registered scheme, the custodian is like a guardian who looks after the scheme's property. The custodian holds this property on trust for the scheme, which means they are responsible for taking care of it for the scheme's benefit. The custodian must make sure the scheme's property is kept separate from their own property and from property belonging to anyone related to the scheme.

The custodian has to follow certain rules and duties to ensure the scheme's property is handled correctly. You can think of these rules like a checklist that the custodian must follow to make sure everything is done properly. The custodian must also comply with any other requirements that apply to the scheme's property.

If the custodian has debts or owes money to someone, the scheme's property cannot be used to pay those debts. This means the scheme's property is protected and cannot be taken away by the custodian's creditors. However, if the custodian has a lawful claim against the scheme's property, this section does not affect that claim.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091152.


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156: Requirement to have supervisor or other independent person as custodian, or

"Someone independent must safely look after the property of a registered scheme"


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158: Custodian must keep records of scheme property, or

"Custodians must keep easy-to-check records of scheme assets and what happens to them."

Part 4Governance of financial products
Governance of managed investment products: Custodianship of scheme property

157Custodian holds scheme property on trust

  1. The custodian for a registered scheme holds the scheme property on trust for the scheme.

  2. 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:

  3. the custodian:
    1. any related party of the scheme.
      1. The custodian must also comply with any other prescribed duties and other requirements in relation to the scheme property.

      2. Scheme property—

      3. is not available for the payment of the debts of the custodian or any other creditor of the custodian; and
        1. 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.
          1. 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.