Segregation of Assets; Nominee Name Sample Clauses
The 'Segregation of Assets; Nominee Name' clause requires that a party, typically a custodian or trustee, keep client assets separate from its own and hold them in the name of a nominee for the benefit of the client. In practice, this means that client funds or securities are not commingled with the custodian’s proprietary assets and are registered under a nominee name, which is often a subsidiary or a third party acting on behalf of the client. This arrangement ensures that client assets are protected from claims by the custodian’s creditors and provides clarity in ownership, thereby safeguarding the client’s interests in the event of insolvency or legal disputes.
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Segregation of Assets; Nominee Name. (a) Bank shall identify in its records that Financial Assets credited to Customer’s Securities Account belong to Customer on behalf of the relevant Fund (except as otherwise may be agreed by Bank and Customer).
(b) To the extent permitted by Applicable Law or market practice, Bank shall require each Subcustodian to identify in its own records that Financial Assets credited to Customer’s Securities Account belong to customers of Bank, such that it is readily apparent that the Financial Assets do not belong to Bank or the Subcustodian.
(c) Bank is authorized, in its discretion, to hold in bearer form, such Financial Assets as are customarily held in bearer form or are delivered to Bank or its Subcustodian in bearer form; and to register in the name of the Customer, Bank, a Subcustodian, a Securities Depository, or their respective nominees, such Financial Assets as are customarily held in registered form. Customer authorizes Bank or its Subcustodian to hold Financial Assets in omnibus accounts and shall accept delivery of Financial Assets of the same class and denomination as those deposited with Bank or its Subcustodian.
(d) Upon receipt of Instruction, Bank shall establish and maintain a segregated account or accounts for and on behalf of each Fund for purposes of segregating cash, government securities, and other assets in connection with derivative transactions entered into by a Fund or options purchased, sold or written by the Fund.
Segregation of Assets; Nominee Name. (a) Bank will identify in its records that Financial Assets credited to Customer’s Securities Account belong to Customer (except as otherwise may be agreed by Bank and Customer).
(b) To the extent permitted by Applicable Law or market practice, Bank will require each Subcustodian to identify in its own records that Financial Assets held at such Subcustodian by Bank on behalf of its customers belong to customers of Bank, such that it is readily apparent that the Financial Assets do not belong to Bank or the Subcustodian.
(c) Bank is authorized, in its discretion,
(i) to hold in bearer form, such Financial Assets as are customarily held in bearer form or are delivered to Bank or its Subcustodian in bearer form;
(ii) to hold Securities in or deposit Securities with any Securities Depositary, settlement system or dematerialized book entry or similar systems; and
(iii) to register in the name of Customer, Bank, a Subcustodian, a Securities Depository, or their respective nominees, such Financial Assets as are customarily held in registered form.
(d) Bank is authorized, when directed to do so by Customer, to hold Financial Assets at third parties and to register Financial Assets in broker “street name” or in the name of other third parties (or their nominees). Notwithstanding Section 7.1, Bank shall have no liability for any loss of Financial Assets or other damages resulting from holding or registering Financial Assets as so directed by the Customer. Customer authorizes Bank or its Subcustodian to hold Financial Assets in omnibus accounts and will accept delivery of Financial Assets of the same class and denomination as those with Bank or its Subcustodian.
Segregation of Assets; Nominee Name. (a) ▇.▇. ▇▇▇▇▇▇ will identify in its books that Financial Assets credited to a Securities Account of the Customer belong to the Customer, for itself or on behalf of the Fund to which such Security Account relates, (except as otherwise may be agreed by ▇.▇. ▇▇▇▇▇▇ and the Customer).
(b) To the extent permitted by Applicable Law or market practice, ▇.▇. ▇▇▇▇▇▇ will require each Subcustodian to identify in its own books that Financial Assets held at such Subcustodian by ▇.▇. ▇▇▇▇▇▇ on behalf of its customers belong to customers of ▇.▇. ▇▇▇▇▇▇, such that it is readily apparent that the Financial Assets do not belong to ▇.▇. ▇▇▇▇▇▇ or the Subcustodian.
(c) ▇.▇. ▇▇▇▇▇▇ is authorized, in its discretion:
(i) to hold in bearer form, such Financial Assets as are customarily held in bearer form or are delivered to ▇.▇. ▇▇▇▇▇▇ or its Subcustodian in bearer form;
(ii) to hold Securities in or deposit Securities with any Securities Depository;
(iii) to hold Securities in omnibus accounts on a fungible basis and to accept delivery of Securities of the same class and denomination as those deposited with ▇.▇. ▇▇▇▇▇▇ or its Subcustodian; and
(iv) to register in the name of the Customer, ▇.▇. ▇▇▇▇▇▇, a Subcustodian, a Securities Depository, or their respective nominees, such Financial Assets as are customarily held in registered form.
Segregation of Assets; Nominee Name. (a) Bank shall identify in its records that Financial Assets credited to Customer's Securities Account belong to Customer (except as otherwise may be agreed by Bank and Customer).
(b) To the extent permitted by Applicable Law or market practice, Bank shall require each Subcustodian to identify in its own records that Financial Assets credited to Customer's Securities Account belong to customers of Bank, such that it is readily apparent that the Financial Assets do not belong to Bank or the Subcustodian.
(c) Bank is authorized, in its discretion, to hold in bearer form, such Financial Assets as are customarily held in bearer form or are delivered to Bank or its Subcustodian in bearer form; and to register in the name of the Customer, Bank, a Subcustodian, a Securities Depository, or their respective nominees, such Financial Assets as are customarily held in registered form. Customer authorizes Bank or its Subcustodian to hold Financial Assets in omnibus accounts and shall accept delivery of Financial Assets of the same class and denomination as those deposited with Bank or its Subcustodian.
Segregation of Assets; Nominee Name. (a) Bank will identify in its records that Financial Assets credited to Customer’s Securities Account belong to Customer on behalf of the relevant Fund (except as otherwise may be agreed by Bank and Customer).
(b) Bank is authorized, in its discretion:
(i) to hold in bearer form, such Financial Assets as are customarily held in bearer form or are delivered to Bank in bearer form;
(ii) to hold Securities in or deposit Securities with any Securities Depository, settlement system or dematerialized book entry or similar systems; and
(iii) and to register in the name of Customer, Bank, a Securities Depository, or their respective nominees, such Financial Assets as are customarily held in registered form.
(c) Bank is authorized, when directed to do so by Customer, to hold Financial Assets at third parties and to register Financial Assets in broker “street name” or in the name of other third parties (or their nominees). Notwithstanding Section 7.1, Bank shall have no liability for any loss of Financial Assets or other damages resulting from holding or registering Financial Assets as so directed by Customer. Customer authorizes Bank to hold Financial Assets in omnibus accounts and will accept delivery of Financial Assets of the same class and denomination as those deposited with Bank.
Segregation of Assets; Nominee Name. (a) Financial Assets credited to the Securities Account shall be segregated at all times from, and shall not become a part of, Bank’s own assets. Bank will identify in its records that Financial Assets credited to Customer’s Securities Account belong to Customer (except as otherwise may be agreed by Bank and Customer). Securities in certificated form held in Bank’s vault for Customer’s account, shall be held either separate from the certificated Securities of other customers of Bank or in a fungible bulk of Securities as part of a Filing of Securities by Issue (FOSBI) arrangement.
(b) Bank is authorized, in its discretion:
(i) to hold in bearer form, such Financial Assets as are customarily held in bearer form or are delivered to Bank in bearer form;
(ii) to hold Financial Assets in or deposit Financial Assets with any Securities Depository, settlement system or dematerialized book entry or similar systems; and
(iii) and to register in the name of Customer, Bank, a Securities Depository, or their respective nominees, such Financial Assets as are customarily held in registered form.
(c) Bank is authorized, when directed to do so by Customer, to hold Financial Assets at third parties and to register Financial Assets in broker “street name” or in the name of other third parties (or their nominees). Notwithstanding Section 7.1, Bank shall have no liability for any loss of Financial Assets or other damages resulting from holding or registering Financial Assets as so directed by Customer. Customer authorizes Bank to hold Financial Assets in omnibus accounts with Securities Depositories and other Securities Intermediaries and will accept delivery of Financial Assets of the same class and denomination as those deposited with Bank.
Segregation of Assets; Nominee Name. (a) Bank will identify in its books that Financial Assets credited to Customer’s Securities Account belong to Customer (except as Bank is otherwise instructed).
(b) To the extent permitted by Applicable Law or in the absence of Applicable Law, market practice, Bank will require each Subcustodian to identify in its own books that Financial Assets held at such Subcustodian by Bank on behalf of its customers belong to customers of Bank,, such that it is readily apparent that the Financial Assets do not belong to Bank or the Subcustodian.
(c) Bank is authorized, in its reasonable discretion, to the extent consistent with Applicable Law and customary market practice,
(i) to physically hold Financial Assets, including in bearer form, such Financial Assets as are customarily held in bearer form or are delivered to Bank or its Subcustodian in bearer form;
(ii) to hold Securities in or deposit Securities with any Securities Depository;
(iii) to hold Securities in omnibus accounts on a fungible basis and to accept delivery of Securities of the same class and denomination as those deposited with Bank or its Subcustodian; and
(iv) to register in the name of Customer, Bank, a Subcustodian, a Securities Depository, or their respective nominees, such Financial Assets as are customarily held in registered form; provided, however, that such Financial Assets are held in an account of Bank containing only assets of Customer or only assets held as fiduciary or custodian for customers.
(v) to hold shares of registered mutual funds (or other commingled funds) on the books of the transfer agent for such funds.
Segregation of Assets; Nominee Name. (a) Bank will identify in its books that Financial Assets credited to Customer’s Securities Account belong to Customer (except as otherwise may be agreed by Bank and Customer).
(b) Bank is authorized, in its discretion:
(i) to hold in bearer form, such Financial Assets as are customarily held in bearer form or are delivered to Bank in bearer form;
(ii) to hold Financial Assets in or deposit Financial Assets with any Securities Depository or settlement system;
(iii) to hold Financial Assets in omnibus accounts on a fungible basis and to accept delivery of Financial Assets of the same class and denomination as those deposited with Bank; and
(iv) to register in the name of Customer, Bank, a Securities Depository, or their respective nominees, such Financial Assets as are customarily held in registered form.
Segregation of Assets; Nominee Name. (a) ▇.▇. ▇▇▇▇▇▇ will identify in its books that Financial Assets credited to the Customer’s Securities Account belong to the Customer (except as may be otherwise agreed by ▇.▇. ▇▇▇▇▇▇ and the Customer).
(b) To the extent permitted by Applicable Law or market practice, ▇.▇. ▇▇▇▇▇▇ will require each Subcustodian to identify in its own books that Financial Assets held at such Subcustodian by ▇.▇. ▇▇▇▇▇▇ on behalf of its customers belong to customers of ▇.▇. ▇▇▇▇▇▇, such that it is readily apparent that the Financial Assets do not belong to ▇.▇. ▇▇▇▇▇▇ or the Subcustodian. ▇.▇. ▇▇▇▇▇▇ Global Custody Agreement - New York - General - DOCUMENT ID: [D2817270] - May 2016 Page 5 will notify Customer promptly following ▇.▇. ▇▇▇▇▇▇ becoming aware of a Sub-Custodian that holds Customer’s Financial Assets failing to segregate customer assets from its proprietary assets.
(c) ▇.▇. ▇▇▇▇▇▇ is authorized, in its discretion to:
(i) hold in bearer form such Financial Assets as are customarily held in bearer form or are delivered to ▇.▇. ▇▇▇▇▇▇ or its Subcustodian in bearer form;
(ii) hold Financial Assets in or deposit Financial Assets with any Securities Depository;
(iii) hold Financial Assets in omnibus accounts on a fungible basis and to accept delivery of Financial Assets of the same class and denomination as those deposited by the Customer;
(iv) register in the name of the Customer, ▇.▇. ▇▇▇▇▇▇, a Subcustodian, a Securities Depository or their respective nominees, such Financial Assets as are customarily held in registered form; and
(v) decline to accept any asset or property which it deems to be unsuitable or inconsistent with its custodial operations.
Segregation of Assets; Nominee Name. (a) ▇.▇. ▇▇▇▇▇▇ will identify in its books that Financial Assets credited to the Customer’s Securities Account belong to the Customer (except as otherwise may be agreed by ▇.▇. ▇▇▇▇▇▇ and the Customer).
(b) ▇.▇. ▇▇▇▇▇▇ is authorized, in its discretion:
(i) to hold in bearer form, such Financial Assets as are customarily held in bearer form or are delivered to ▇.▇. ▇▇▇▇▇▇ in bearer form;
(ii) to hold Financial Assets in or deposit Financial Assets with any Securities Depository;
(iii) to hold Financial Assets in omnibus accounts on a fungible basis and to accept delivery of Financial Assets of the same class and denomination as those deposited with ▇.▇. ▇▇▇▇▇▇;
(iv) to register in the name of the Customer, ▇.▇. ▇▇▇▇▇▇, a Securities Depository or their respective nominees, such Financial Assets as are customarily held in registered form; and
(v) to decline to accept any asset or property which it deems to be unsuitable or inconsistent with its custodial operations.