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New version applies from 07/01/2020 — introduced by Directive (EU) 2019/2162. 25 provisions change. Later versions: 26/06/2021, 02/08/2021, 01/01/2023, 09/01/2024, 17/01/2025, 16/04/2026. Article 26b changes in this version: compare with the current text.

Article 26b

Article 26b

The Commission shall be empowered to adopt delegated acts in accordance with Article 112a specifying:

(a)

the particulars that need to be included in the written contract referred to in Article 22(2);

(b)

the conditions for performing the depositary functions pursuant to Article 22(3), (4) and (5), including:

(i)

the types of financial instrument to be included in the scope of the custody duties of the depositary in accordance with point (a) of Article 22(5);

(ii)

the conditions subject to which the depositary is able to exercise its custody duties over financial instruments registered with a central depositary;

(iii)

the conditions subject to which the depositary is to safekeep the financial instruments issued in a nominative form and registered with an issuer or a registrar, in accordance with point (b) of Article 22(5);

(c)

the due diligence duties of depositaries pursuant to point (c) of Article 22a(2);

(d)

the segregation obligation pursuant to point (c) of Article 22a(3);

(e)

the steps to be taken by the third party pursuant to point (d) of Article 22a(3);

(f)

the conditions subject to which and circumstances in which financial instruments held in custody are to be considered to be lost for the purpose of Article 24;

(g)

what is to be understood by external events beyond reasonable control, the consequences of which would have been unavoidable despite all reasonable efforts to the contrary, pursuant to Article 24(1);

(h)

the conditions for fulfilling the independence requirement referred to in Article 25(2).

Official text · consolidated version 01/01/2019 (no longer in force) Open full page ↗
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