I. – In accordance with the conditions laid down in the General Regulations of the Autorité des marchés financiers, the custodian shall ensure that :
1° That all payments made by or on behalf of unitholders or shareholders when subscribing to AIF units or shares have been received and that all cash has been accounted for ;
2° And generally that the AIF’s cash flows are properly monitored.
II. – The custodian entrusted with the safekeeping of the assets of an AIF:
1° Ensures, under the conditions laid down in the general regulations of the Autorité des marchés financiers, the safekeeping of financial instruments registered in a financial instruments account opened in its books and of financial instruments physically delivered to it;
2° For other assets, verifies that they are the property of the AIF and keeps a register thereof.
III. – The custodian :
1° Ensures that the sale, issue, repurchase, redemption and cancellation of units or shares carried out by the AIF or on its behalf comply with the legal or regulatory provisions, the regulations and the constitutive documents as well as the prospectus of the AIF;
2° Ensures that the calculation of the value of the units or shares of the AIF is carried out in accordance with the legislative or regulatory provisions, the regulations and constitutive documents and the prospectus of the AIF;
3° Carries out the instructions of the AIF or its management company, provided that they do not conflict with the legislative or regulatory provisions, the regulations and constitutive documents and the prospectus of the AIF;
4° Ensures that, in transactions involving the FIA’s assets, the counterparty is remitted to it within the usual time limits;
5° Ensures that the proceeds of the AIF are allocated in accordance with the legislative or regulatory provisions, the regulations and the constituent documents, as well as the prospectus of the AIF.
The conditions for the application of this article are set out in the General Regulations of the Autorité des marchés financiers.