Contractual Terms Review

The purpose of the Service Provider Contractual Terms Review is to analyse key clauses in the service provider contract that may have an impact on asset servicing and asset safety risks and to ensure that the contractual terms between a client and its service provider reflect best market practice.

Key issues that are covered include:

  • Duties of care
  • Indemnities
  • Liability for sub-custodians
  • Liens
  • Segregation and registration of assets
  • Responsibility for cash
  • FX pricing
  • Authorised instructions
  • Termination
  • Exit indemnities
  • Contractual settlement date accounting
  • Contractual income collection
  • Corporate actions – responsibility for timeliness and accuracy
  • Securities lending fees

(Note that this list is not exhaustive)

The Contractual Terms Review is not intended to be a substitute for a review of the contract by the client’s own legal advisors but is complementary and provides Thomas Murray IDS’s opinions of the extent to which the contract does (or does not) meet best market practice as observed by Thomas Murray IDS when assisting clients in the selection of service providers, such as global custodians.

Select the links below to learn more about each module:


If you wish to receive further information about Thomas Murray IDS or any of our products and services, please contact us at infoemea@ids.thomasmurray.com or telephone us on +44 (0) 20 8600 2300