Custody of assets: Overview, definition, and example
What is custody of assets?
Custody of assets refers to the safeguarding, managing, and administering of assets, such as cash, securities, real estate, or other valuable items, on behalf of their owner. The custodian is typically a financial institution, bank, or other trusted entity responsible for holding and protecting the assets. Custody services often involve tasks such as settlement, recordkeeping, safekeeping, and ensuring that the assets are properly accounted for and not subject to unauthorized access or misuse. The custodian is obligated to act in the best interests of the asset owner and ensure the security and proper handling of the assets.
Why is custody of assets important?
Custody of assets is important because it ensures the security and proper management of valuable assets, especially when the owner does not want to directly manage or physically hold those assets. For businesses, investors, or individuals, using a custodian helps mitigate the risk of loss, theft, or fraud. It also ensures that assets are managed according to relevant legal or regulatory standards, and that proper records are kept for financial, legal, or tax purposes. Custodians provide professional services that allow asset owners to focus on other activities while maintaining confidence that their assets are being protected and properly administered.
Understanding custody of assets through an example
Imagine an investor who holds a portfolio of stocks and bonds. Instead of managing and storing the physical stock certificates themselves, the investor chooses to use a bank that offers custody services. The bank holds and safeguards the stocks, processes transactions, and provides regular reports on the portfolio’s performance. The bank ensures that the investor’s assets are protected, transactions are settled correctly, and proper records are maintained.
In another example, a business might have a large amount of cash in various accounts, as well as intellectual property and real estate. The company may appoint a custodian, such as a bank or trust company, to manage these assets on their behalf, ensuring that the assets are secure, well-maintained, and properly accounted for.
Example of a custody of assets clause
Here’s how a custody of assets clause might appear in an agreement:
“The Custodian agrees to hold and safeguard the assets of the Client, including but not limited to securities, cash, and other property, in a secure manner and in accordance with applicable laws and regulations. The Custodian shall be responsible for the safekeeping, settlement, and proper recordkeeping of the assets and shall provide regular reports to the Client regarding the status and performance of the assets under custody.”
Conclusion
Custody of assets is a critical service for safeguarding and managing valuable assets, ensuring that they are protected from theft, loss, or misuse. Whether for individual investors, businesses, or institutions, using a trusted custodian provides peace of mind that assets are being handled securely and in compliance with legal and regulatory standards. By outsourcing the custody of assets, asset owners can focus on their core activities while ensuring that their investments and holdings are being managed by professionals with the necessary expertise.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.