Article

How modern depositaries help you navigate Europe's evolving regulatory landscape

Key takeaways

  • Bundling multiple fund services under a single provider enhances cost efficiency, simplifies management with fewer points of contact and ensures consistent data output and reporting.

  • Requirements including outsourcing provisions and AIFMD II significantly expand depositary oversight demand deeper strategy understanding, verification of illiquid assets, strengthened substance checks and more sophisticated leverage, liquidity and concentration reporting.

  • A depositary with a client-focused approach, advanced digital infrastructure, integrated reporting platforms, enhanced portfolio monitoring and client portals can turn regulatory complexity into a competitive advantage.

 

Accelerated settlement cycles demand operational transformation

The transition to T+1 settlement represents one of the most significant operational changes facing European financial markets in recent years. When you're managing fund operations across multiple jurisdictions, the compression of settlement timelines to one settlement creates pressure points throughout your entire workflow. Forward-looking depositary services are implementing comprehensive solutions – drawing on T+1 expertise from jurisdictions like the U.S. that transitioned in 2024 – to ensure accurate regulatory compliance ahead of the 11th October 2027 implementation date for T+1 settlement across the EU.

 

Enhanced straight-through processing eliminates manual intervention

Processing at scale trade confirmations, asset movements and cash settlements within hours rather than days is required in this environment. Depositaries deploying automated systems ensure you'll meet T+1 deadlines without compromising due diligence requirements across multiple European jurisdictions. This automation reduces operational risk and frees the investment manager’s operational team from manual processes that can't keep pace with accelerated timelines.

 

Real-time connectivity with global custodian networks

Advanced depositary platforms provide instant communication with sub-custodians and settlement systems across Europe, enabling the investment manager to track asset movements and cash positions in real time. This connectivity maintains full transparency for regulatory reporting purposes and provides the visibility you need to manage complex, multi-jurisdictional settlement workflows efficiently.

 

“Providers that can offer more than just the fund administration piece of your solution, such as servicing underlying investments like loans, can add significant value.”

Pre-settlement risk monitoring reduces operational exposure

Sophisticated depositaries implementing automated checks identify potential settlement failures before they occur, alerting you to liquidity shortfalls or documentation issues that could prevent timely settlement. This proactive approach means you address problems whilst there's still time to resolve them, rather than managing settlement failures after the fact.

 

AIFMD II amendments expand oversight responsibilities beyond traditional boundaries

Recent AIFMD II amendments, which entered into force in April 2024 and must be transposed into national law by April 2026, have broadened depositary responsibilities. When you're managing alternative investment funds, these enhanced monitoring requirements extend beyond traditional asset safekeeping functions. Your depositary must now demonstrate deeper understanding of complex investment strategies and their associated risks.

 

Expanded due diligence requirements for alternative assets

Depositaries are responsible for verifying the existence and ownership of illiquid assets including private equity investments and real estate holdings. This requires specialised valuation expertise and enhanced documentation processes that traditional custody services may not provide. If you're managing funds with diverse asset types, your depositary must have capabilities that extend beyond conventional securities custody.

 

Strengthened substance requirements for fund domiciliation

AIFMD II mandates that depositaries ensure adequate operational substance exists in your fund's domicile jurisdiction, requiring ongoing monitoring of management activities, decision-making processes and staff deployment in key European locations. Your depositary partner should guide you to maintain genuine substance requirements whilst supporting your operational structure.

 

Enhanced risk management and reporting obligations

Modern depositaries are now moving to provide analysis of fund leverage levels, liquidity risks and concentration exposures across diverse asset types. This more sophisticated reporting helps you demonstrate compliance with evolving regulatory expectations while supporting your internal risk management frameworks. Depositary services offering broad capabilities across multiple asset classes are able to deliver this additional and more detailed reporting.

 

Meeting multi-jurisdictional compliance requirements

uropean fund structures increasingly operate across multiple jurisdictions. This creates opportunities for portfolio diversification and investor access, but it also adds complexity. Each jurisdiction maintains distinct regulatory requirements that must be understood and navigated simultaneously, without compromising efficiency or increasing compliance risks. Having a depositary partner who operates in the leading European fund jurisdictions is key, particularly where master-feeder structures exist across those jurisdictions.

 

Divergent national implementations of EU directives

Although UCITS and AIFMD provide harmonised frameworks, individual European countries may have specific implementation requirements. For example, Ireland's adoption of AIFMD II includes streamlined authorisation processes, but other member states may have different timelines or additional requirements. Your depositary should understand these nuances, ensuring you can access multiple markets without encountering unexpected compliance obstacles or regulatory delays.

 

Cross-border reporting coordination eliminates duplicate obligations

Full-service depositary partners can coordinate regulatory reporting across jurisdictions to ensure you meet all applicable requirements without submitting conflicting or duplicate information. This coordination is particularly valuable when your fund structure spans multiple European domiciles, as it prevents the operational inefficiencies that can trigger regulatory scrutiny.

 

Regulatory change management across multiple authorities

Experienced depositaries monitor governance developments across European financial centres, proactively adapting operational processes and compliance procedures before new requirements take effect. When changes like AIFMD II, T+1 settlement, or UCITS-eligible assets directive are announced years in advance, your depositary should be helping you prepare early rather than scrambling to comply at the eleventh hour.

 

The need for advanced digital infrastructure in depositary services

Depositary services that fully embrace digital innovation transform complex regulatory compliance from operational burden into strategic advantage. The available technology infrastructure directly impacts your ability to meet investor expectations and respond quickly to market opportunities.

 

Integrated regulatory reporting platforms streamline fund board reporting

Innovative depositaries provide unified digital platforms that automatically generate required regulatory board report across multiple European jurisdictions. Maintaining regulatory transparency without manual intervention reduces errors and creates consistent data quality across all reporting jurisdictions, so you can focus on investment activities rather than administrative tasks.

 

Real-time portfolio monitoring supports proactive risk management

Digital platforms enable depositaries to provide instant access to accurate and detailed portfolio analytics, investment restriction monitoring and cash flow projections. This real-time visibility supports accelerated and informed decision making whilst maintaining continuous compliance.

 

Enhanced client portals deliver operational transparency

Web-based interfaces provide direct access to transaction records, regulatory guidance and compliance documentation, creating operational efficiencies and giving you complete oversight of your depositary relationships across European markets. These portals eliminate the delays and frustrations of requesting documents through traditional channels, putting information at your fingertips when you need it.

 

Choosing the right partner to support you 

In an increasingly interconnected regulatory environment, the right European depositary partner doesn't just process transactions and oversee fund compliance, they create strategic advantage.

 

At U.S. Bank, our depositary services combine deep expertise with advanced technology to help you confidently navigate evolving regulatory requirements while delivering value to your investors.

To learn more about our European depositary services, contact us.

 

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Disclosures

Investment products and services are:

Not a Deposit • Not FDIC Insured • May Lose Value • Not Bank Guaranteed • Not Insured by any Federal Government Agency

U.S. Bank Global Fund Services (Ireland) Limited is registered in Ireland, Company Number 413707. Registered Office at 24 - 26 City Quay, Dublin 2, Ireland. Directors: Eimear Cowhey, Ken Somerville, Hosni Shadid (USA), Barry O'Connor, Maureen Stanley. U.S. Bank Global Fund Services (Ireland) Limited is regulated by the Central Bank of Ireland.

U.S. Bank Global Fund Services (Guernsey) Limited is licensed under the Protection of Investors (Bailiwick of Guernsey) Law, 2020, as amended, by the Guernsey Financial Services Commission to conduct controlled investment business in the Bailiwick of Guernsey.

U.S. Bank Global Fund Services (Luxembourg) S.à.r.l. is a Luxembourg – registered company, recorded with the Luxembourg Trade and Companies Register under number B238278, and having its registered office at Floor 3, K2 Ballade, 4, rue Albert Borschette, L-1246 Luxembourg. U.S. Bank Global Fund Services (Luxembourg) S.à.r.l. is authorised and supervised by the Commission de Surveillance du Secteur Financier (CSSF).

U.S. Bank Europe DAC, trading as U.S. Bank Depositary Services, is regulated by the Central Bank of Ireland and is registered in Ireland with the Companies Registration Office Reg. No. 418442. The registered office is Block F1, Cherrywood Business Park, Loughlinstown, Dublin 18, Ireland D18 W2X7.

U.S. Bank Europe DAC Luxembourg Branch (trading as U.S. Bank Depositary Services Luxembourg) is registered in Luxembourg with RCS number B244276 and Registered Office: Floor 3, K2 Ballade, 4, rue Albert Borschette, L-1246 Luxembourg, regulated and authorised by the Central Bank of Ireland (CBI) as well as by the Commission de Surveillance du Secteur Financier (CSSF). Details about the extent of our authorisation and regulation by the CBI and the CSSF are available from us on request.

U.S. Bank is not responsible for and does not guarantee the products, services, performance or obligations of its affiliates.