Sub-custody guide: Germany
The German market has held up well over the last 12 months
with clients continuing to place importance on regional expertise, says Robert
Scott, head of custody and collateral solutions at Commerzbank.
“Custody of assets is increasing at both the service
providers and the CSD. Germany continues to play a significant role in the
context of eurozone. For clients, it represents a relatively safe haven for
their assets and Germany therefore still benefits from strong capital inflows.
Additionally, for German custodians incorporated in the country, clients have
significant comfort that their assets are protected under federal law
(Depotgesetz) in the event of insolvency or stressed situations.”
Legal requirements have been further clarified and amended
with the entry into force of regulatory requirements as Ucits V, the AIFM
directive and the German Capital Investment Legislation (KAGB). Almost all
contracts and service level agreements (as well as processes and documentation)
had to be adapted to ensure compliance with the last of these regulations, explains
KAS Bank Germany managing director Frank Vogel.
The legal requirements of KAGB, the level 2 regulation
related to the AIFM directive and some preliminary decisions under the previous
interpretations of the law require an update of the previous custodian circular
BaFin 6/2010 (WA). BaFin has published a working document and discussions are
ongoing through sessions of the local working group, which includes
representatives of custodian banks.
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