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Book III - Service providers
Title II - Other service providers
Chapter III bis - Depositaries of securitisation vehicles
Section 2 - Organisational structures and resources of the depositary of securitisation vehicles
Sub-section 3 - Relations between the depositary and other service providers
Article 323-56 from 17/04/2016 to 22/04/2021

Article 323-56 into force from to

  • Version into force from to
ELI : /en/eli/fr/aai/amf/rg/article/323-56/20160417/notes

The depositary may use one or more agents to carry out all or some of the duties related to its custody of the securitisation vehicle's cash and claims. This agent shall be a person authorised to provide administration and custody of financial instruments under the terms of Article L. 542-1 of the Monetary and Financial Code.

If the depositary delegates custody of the securitisation vehicle's cash and claims, it shall draw up an agreement that specifies the scope of the delegated tasks, along with the procedures and resources established to ensure supervision of the transactions carried out by the agent.

Each agent shall provide the depositary with an annual certification from its statutory auditor regarding the audit of the accounts held in its books for the securitisation vehicle.

The fact that the depositary names a third party to maintain custody of the securitisation vehicle's cash and claims shall not affect the depositary's liability.