In a single-employer plan, the employer is the sponsor of the plan that establishes an independent trust to hold the plan's assets. The trust is a separate and distinct entity from the employer. A trustee manages assets on behalf of the beneficiary of a trust, estate, or other party. A custodian is the entity that actually holds the assets in question for custody.
A custodian is not a trustee and is only responsible for the custody of assets. The depositary can collect interest and dividends, as well as provide a statement of activity. In addition, the custodian does not provide investment advice nor does he have any obligations regarding how the assets are to be invested. The custodian can make payments and distributions if so indicated.
In Ghana, sixteen (1) banks provide custody services for various investment products, funds and trusts. Custodians are usually custodial banks and custodians of securities, but sometimes they are credit unions or other organizations that hold money or financial instruments for their account holders. A trustee and custodian are also involved in pensions and retirement plans, although the term may be interchangeable for IRA and 401 (k) accounts. The trustee or custodian of your 401 (k) or IRA account is usually the plan administrator, ensuring that transactions are conducted in accordance with IRS regulations.
The trustee chooses the most appropriate custodian and can move assets from one custodian to another, for example by moving stocks and bonds between banks. The trustee is responsible for managing and maintaining the trust's property, while the custodian is only the entity that owns the assets. Since the custodian is responsible for the custody of the assets, the custodian will be responsible for the full custodian, including additional expenses, in the event of loss of pension fund assets as a direct or indirect consequence of fraud, negligence, intentional default, misconduct or error on the part of the custodian or his employees. The custodian would maintain the pension fund and the assets in trust for the owners, settle transactions, and carry out activities related to the management of pension fund investments, including the collection of dividends and related activities.
The custodian acts in a capacity similar to that of a trustee with a fiduciary duty to invest and manage assets on behalf of the minor beneficiary until they reach the age of majority. Custodians are tasked with maintaining, for a fund or an account, all assets and documentation of asset transactions transactions. Their businesses (as custodians) are authorized by the Securities and Exchange Commission (SEC, the Commission) and they report regularly to the Commission on their activities. Investment advisory and fund management firms routinely use custodians to safeguard the assets they manage for their clients.
However, custodians in Hong Kong are usually subject to the competition of the HKMA or the SFC or, when they are abroad, to a similar regulatory body in an equivalent jurisdiction and are therefore subject to their own rules. Rather, the custodian must minimize the risk of theft or loss, but the custodian has no fiduciary responsibilities to the beneficiaries. Although, in some situations, the trustee can also be the custodian in the case of a trust company that holds bearer securities, for example, there is no conflict of interest in others, an external custodian can ensure that there is no conflict and provide added value, such as commercial negotiation. .