Article 323-56 into force since
- Version into force since
The depositary may delegate to one or more third parties all or part of the tasks related to the custody of the assets of the securitisation vehicle referred to in Article 323-44 (1° and 3°), under the conditions defined by Article 323-32. Where the delegation to a third-party concerns tasks related to the custody of the assets of the securitisation vehicle referred to in Article 322-44, 1°, this third party is a person authorised for the administration or custody of financial instruments pursuant to Article L. 542-1 of the Monetary and Financial Code.
If the depositary delegates these tasks, 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 delegatee.
Each delegatee 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 depositary's liability shall not be affected by the fact that has delegated to a third party all or part of the tasks related to the custody of the assets of the securitisation vehicle referred to in Article 323-44 1° and 3°.
Notwithstanding the preceding paragraph, the depositary may be exempted from its liability under the conditions set out in Article L. 214-175-6 III of the Monetary and Financial Code and Article 102 of Commission Delegated Regulation (EU) no. 231/2013 of 19 December 2012.
Head of publications: The Executive Director of AMF Communication Directorate. Contact: Communication Directorate – Autorité des marches financiers 17 place de la Bourse – 75082 Paris cedex 02