Investor Presentaiton
SFC
Key operators - Custodian
Eligibility
For public OFCs, same requirements as to the type of entities and capital requirements as those
under the UT Code; and
證監會
For private OFCs, (i) same requirements as to the type of entities and capital requirements as those
under the UT Code; or (ii) a licensed corporation or registered institution licensed or registered for
Type 1 regulated activity which meets eligibility criteria under 7.1(b)(ii) of the OFC Code
Duties of custodian
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Statutory duty to take reasonable care, skill and diligence to ensure the safe keeping of the scheme
property of the OFC that is entrusted to it (same for sub-custodian)
Proper segregation of assets
Safe-keeping and record keeping of assets
Sufficient experience, expertise and competence in safekeeping the asset types in which the OFC
invests
Exercise due care in the selection, appointment and ongoing monitoring of its delegates, including
sub-custodians
Internal controls:
Public OFC same as those under the UT Code
Private OFC OFC directors to review the adequacy of the custodian's internal controls which
should be commensurate with the OFC's nature, scale, complexity and underlying investments
- audit certificate not mandatory
A non-Hong Kong custodian (i.e. a custodian incorporated outside Hong Kong) must have a process
agent to receive any process or notice
Exception: a non-Hong Kong custodian that is a "registered non-Hong Kong company" as defined in
the CO, since the CO already provides for a local authorised representative for service of
documents
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