B. MOSES ASSET MANAGEMENT
Role of Custodians

Protecting Your Investments: The Critical Role of Custodians

Understanding Custodial Services

Custodians are more than just safe keepers of assets. They are pivotal in ensuring the integrity, efficiency, and compliance of fund management operations. Their role is vital in maintaining investor confidence and ensuring that the asset management and financial services industry operates smoothly.

Who are Custodians? Custodians play a crucial role in the financial services industry. As independent gatekeepers of fund assets, custodians are integral to the security and integrity of financial management. The Australian Securities and Investments Commission (ASIC) regards custodians as essential gatekeepers within the financial services sector, responsible for the safekeeping of client assets. The primary role of a custodian in a fund or investment management structure is to safeguard the assets against fraudulent activities, theft, or loss. By holding assets in the custodian’s name rather than directly in the fund manager’s name, there is an added layer of security that protects the assets of the fund.

In Australia, custodians are regulated under the Australian Financial Services Licence (AFSL) regime. ASIC (Australian Securities and Investments Commission) mandates that certain financial services providers, including managed funds and superannuation funds, use custodians to enhance the safety of client assets.

Using custodians is intended to reduce the risk of misappropriation of funds, fraudulent activities, and administrative errors, thus providing an essential layer of security and integrity to the financial services industry.

Scope of Custodian Services in Australia:

  1. Managed Funds: In managed funds, custodians hold the assets of the fund separate from the fund manager’s assets. This segregation protects the investors’ assets from the financial problems that may affect the fund manager.
  2. Superannuation Funds: Custodians are also vital in the superannuation industry. They hold the assets of superannuation funds and ensure compliance with regulatory requirements specific to superannuation investments.
  3. Hedge Funds and Private Equity: For hedge funds and private equity, custodians ensure that assets are held securely and that transactions are processed accurately. This is particularly important given these funds’ complex and sometimes high-risk investment strategies.
  4. Real Estate Investment Trusts (REITs): In REITs, custodians help ensure that property assets and related cash flows are properly managed and recorded, adding a layer of trust and transparency vital for investors.
  5. Individual Portfolio Management: Custodians play a role even in individual portfolio management, especially when it involves significant asset holdings or complex investment instruments that require meticulous record-keeping and regular compliance checks.

Although the custodian holds legal title to the assets of a managed fund, the actual investors—or unit holders—are the beneficial owners. This structure ensures that the assets are secure even if the fund encounters financial difficulties.

Custodians are responsible for maintaining accurate records of each investor’s share in the fund and calculating the price per unit of the fund, which is vital for transparent and fair trading.

Custodians offer a range of essential services that support the operational aspects of fund management:

  • Asset Management: Managing share registries and maintaining ownership records.
  • Transaction Services: Handling the transfer and settlement of fund transactions.
  • Fund Accounting: Calculating the fund’s net asset value (NAV) and unit pricing for managed funds and unit trusts.
  • Corporate Actions: Managing client participation in events like rights issues or mergers.
  • Trade and Transaction Settlement: Assisting in trading and settling transactions with third parties.
  • Proxy Voting: Facilitating the exercise of voting rights for securities held in custody.
  • Reconciliations: Ensuring that records held by the custodian match those of other financial service providers, such as fund administrators.

As asset managers, we rely on custodians to fulfill regulatory obligations and provide a secure foundation for managing the extensive portfolios entrusted to us by our clients. By understanding the comprehensive role of custodians, investors can appreciate the layers of security and efficiency they bring to the investment landscape.

While compliance with regulatory requirements is a primary reason for using custodians, the benefits extend beyond mere legal compliance:

  • Risk Management: Custodians help mitigate operational risks associated with the handling of assets.
  • Efficiency: They provide specialized administrative services that can improve the efficiency of fund operations.
  • Investor Confidence: The use of a reputable custodian can enhance investor confidence by demonstrating a commitment to asset safety and proper governance.