The UCITS’ depositary is liable to the UCITS or to the unitholders or shareholders for the loss by the depositary, or by a third party to whom custody has been delegated, of financial instruments held in custody in accordance with II of Article L. 214-10-5.
In the event of the loss of financial instruments held in safekeeping, the custodian shall return to the UCITS financial instruments, including money market instruments, of the same type or their equivalent in monetary value without unnecessary delay.
The depositary shall not be liable if it proves that the loss resulted from an external event beyond its reasonable control, the consequences of which would have been unavoidable despite all reasonable efforts to avoid them.
The Custodian shall be liable to the UCITS or to the unitholders or shareholders of the UCITS for any other loss resulting from its negligence or wilful misconduct.