To avoid conflicts of interest between the depositary, the management company, the AIF and its unit-holders or shareholders:
1° The AIF or its management company does not act as depositary ;
2° A principal broker acting as counterparty to the AIF may not be its depositary unless it has functionally and hierarchically separated the performance of its depositary duties from its principal broker duties and potential conflicts of interest are identified, managed, monitored and disclosed to the AIF’s investors in an appropriate manner. Delegation by the depositary of its asset safekeeping duties to such a principal broker is authorised provided that the latter fulfils the conditions laid down in the General Regulations of the Autorité des marchés financiers ;
3° A depositary may not engage in activities relating to the AIF or the management company acting on its behalf which could give rise to conflicts of interest between the AIF, the unit-holders or shareholders of the AIF, the management company and the depositary itself, unless the depositary has functionally and hierarchically separated the performance of its depositary duties from its other duties and the potential conflicts of interest have been identified, managed, monitored and disclosed to the unit-holders or shareholders of the AIF in an appropriate manner.
The AIF’s assets held by the custodian shall not be reused by the custodian without the prior agreement of the AIF or its management company.