means the body with ultimate decision-making authority in a management company, investment company or depositary, comprising the supervisory and the managerial functions, or only the managerial function if the two functions are separated.
(10)the following articles are inserted:‘Article 26aThe depositary shall make available to its competent authorities, on request, all information which it has obtained while performing its duties and that may be necessary for its competent authorities or for the competent authorities of the UCITS or of the management company.If the competent authorities of the UCITS or of the management company are different from those of the depositary, the competent authorities of the depositary shall without delay share the information received with the competent authorities of the UCITS and of the management company.Article 26bThe Commission shall be empowered to adopt delegated acts in accordance with Article 112a specifying:
(a)the particulars that need to be included in the written contract referred to in Article 22(2);
(b)the conditions for performing the depositary functions pursuant to Article 22(3), (4) and (5), including:
(ii)the conditions subject to which the depositary is able to exercise its custody duties over financial instruments registered with a central depositary;
(iii)the conditions subject to which the depositary is to safekeep the financial instruments issued in a nominative form and registered with an issuer or a registrar, in accordance with point (b) of Article 22(5);
(f)the conditions subject to which and circumstances in which financial instruments held in custody are to be considered to be lost for the purpose of Article 24;
(g)what is to be understood by external events beyond reasonable control, the consequences of which would have been unavoidable despite all reasonable efforts to the contrary, pursuant to Article 24(1);
(h)the conditions for fulfilling the independence requirement referred to in Article 25(2).’;