Depositaries in European Investment Law

In practice, the same banks and investment firms are acting as a custodian under MiFID II and CRD IV, a depositary under the AIFMD/UCITSD V and a depositary/custodian under IORPD II. Although the safekeeping activities performed by both are similar, European investment law is inconsistent in in allowing depositaries and custodians to provide cross-border financial services throughout Europe.

This book provides an in-depth analysis of the concept of the cross-border provision of financial services under European investment law and the regulation applying to depositaries and custodians under MiFID II, CRD IV, the CSDR, AIFMD, UCITSD V and IORPD II. The analysis considers whether and to what extent depositaries and custodians are similarly regulated under European investment law and under what conditions a cross-sectoral European depositary passport could be introduced.