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HMRC internal manual

International Exchange of Information Manual

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HM Revenue & Customs
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Financial Accounts: Custodial Account: Collatoral

Financial Accounts: Custodial Account: Collatoral

Custodial Accounts are accounts which are maintained for the benefit of another, or arrangements pursuant to which an obligation exists to return cash or assets to another.

Transactions which include the collection of margin or collateral on behalf of a counterparty may fall within the definition of Custodial Account. The exact terms of the contractual arrangements will be relevant in applying this interpretation. However, if collateral is provided on a full title transfer basis, so that the collateral holder becomes the full legal and beneficial owner of the collateral during the term of the contract, this will not constitute a Custodial Account for the purposes of the automatic exchange agreements.