The primary role of a custodian is to hold and safekeep client assets. Custody banks and brokerage firms have different responsibilities.
Using a custody bank or a brokerage firm are both viable options for holding assets; however, different rules and standards apply regarding how the assets are treated. Understanding these differences is a critical step in determining whether using a custodian or broker is more appropriate for your portfolio. A custodian is responsible for the safekeeping of your assets. A broker, by contrast, is primarily focused on accessing the financial markets on your behalf.
A custodial agreement defines the relationship between the client and a custodian. It covers all of the assets held in custody, including non-securities and assets not held at a depository or sub-custodian. Custody banks cannot lend securities held in custodial accounts without specific client consent. They’re responsible for transparent reporting and have no beneficial interest in the securities.
In accordance with federal banking law, a national bank must keep securities in bank-managed custody accounts segregated. It’s the practice of U.S. Bank to segregate custody client securities, regardless of whether the account is bank managed or non-bank managed. When securities in custody accounts are kept separate, it means the securities held in a custody account are the sole property of the client and aren’t commingled with the proprietary assets of the bank or the assets of other custody clients. The custodied securities aren’t treated as assets of the bank, don’t appear on the bank balance sheet and aren’t subject to claims made by the custodian bank’s creditors. Securities may be transferred in the bank’s name to streamline transaction processing, but clients remain the legal owners of those securities.
At U.S. Bank, global securities are held in a similar manner. They’re held through direct depository memberships or through a network of sub-custodian banks in which securities (but not cash) are held in segregated accounts. Such segregation supports an account structure designed to meet the segregation requirements of applicable regulations and aims to shield client assets in the event of a sub-custodian’s insolvency.
Unlike securities, uninvested U.S. dollar (cash) balances in custody accounts (as well as the custody bank’s own deposit products held in custody accounts) are held on deposit with the custody bank. As deposits, these funds are FDIC insured to applicable coverage limits. Uninvested foreign currency balances are held either on the bank’s balance sheet or on the balance sheets of banks within the global sub-custodian network. At U.S. Bank, non-USD currencies aren’t maintained on the books of the custodian as an amount owing as a liability by the custodian to the customer and are not FDIC insured. The treatment of these foreign currency balances varies based on the specific sub-custodian and applicable local law, but generally, they aren’t considered on deposit with the custody bank. Should there be a default, the client would be considered a non-secured creditor, although the custodian would assist in trying to recover any cash that is lost by the client.
A depository is an organization that safekeeps securities and assists in the trading or transfer of securities. They provide security and liquidity in the market and offer additional transparency and access to where assets are ultimately held at the end of the custody chain. Custodians with direct depository memberships provide clients with the added benefit and assurance that their securities are safe and accessible. U.S. Bank is a direct member or participant in domestic and global depositories including:
There are different types of accounts offered by financial institutions, each with unique characteristics. Below, we highlight and compare the benefits and considerations of the most common account types, including demand deposit accounts, brokerage accounts, traditional custody accounts and sub-custody accounts.
A demand deposit account (DDA) is a type of bank account that offers access to cash without requiring advance notice. DDAs may be held directly in the name of a client or used as a cash sweep vehicle within a custody account. DDAs are not securities, even if they are held within a custody account. Any funds in the form of uninvested cash that qualify as U.S. deposits, or any deposit accounts used as part of a cash sweep vehicle, are insured by the FDIC for up to the maximum insured amount per depositor for each ownership category.
A brokerage account is an investment account held at a licensed brokerage firm. An investor deposits funds into their brokerage account, and the brokerage firm transacts orders for investments such as stocks, bonds, mutual funds and exchange-traded funds (ETFs) on their behalf. The assets in brokerage accounts belong to the investors. The Securities and Exchange Commission (SEC) Customer Protection Rule requires brokerage firms to maintain secure accounts and ensures that brokerage clients can withdraw assets at any time.
Custody accounts are safekeeping accounts containing client investment assets held with the custodian banks. Custodians hold and transact client assets according to client instructions. Custodied securities are separated from the bank’s balance sheet, shielding them from a custodian’s creditors. If a custodian bank becomes insolvent, custodied securities generally will be returned to each investor. Many types of assets, with the exception of physical securities that are often held in a custodian’s vault, are held directly with depositories in the name of the bank for its clients. Custodians are regulated entities and must comply with the regulatory framework in which they operate.
In certain global custody models where a custodian doesn’t have a presence in each of the local markets where their clients invest, the custodian may use an international central securities depository (ICSD) or sub-custodians. To use sub-custodians, the custodian signs a sub-custody agreement with each of its appointed sub-custodians. Under these agreements, securities are held for the benefit of the clients, and the sub-custodian is generally required to segregate securities (but not cash) from the sub-custodian’s own proprietary assets. Such segregation supports an account structure designed to meet the segregation requirements of applicable regulations and shield client assets in the event of a sub-custodian’s insolvency.