A depositary shall, in accordance with the national law of the State in which the management company's registered office is situated, be liable to the management company and the unit-holders for any loss suffered by them as a result of its unjustifiable failure to perform its obligations or its improper performance of them. Liability to unit-holders may be invoked either directly or indirectly through the management company, depending on the legal nature of the relationship between the depositary, the management company and the unit-holders.
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New version applies from 30/04/2004 — introduced by Markets in Financial Instruments Directive (MIFID).
82 provisions change.
Later versions: 13/04/2005, 20/03/2008.
Article 9 moves to another heading in this version: compare.