1. The assets of an investment company shall be entrusted to a depositary for safe-keeping.
2. A depositary's liability as referred to in Article 34 shall not be affecteappd by the fact that it has entrusted to a third party all or some of the assets in its safe-keeping.
3. A depositary shall ensure the following:
(a) that the sale, issue, repurchase, redemption and cancellation of units effected by or on behalf of an investment company are carried out in accordance with the law and with the investment company's instruments of incorporation;
(b) that in transactions involving an investment company's assets any consideration is remitted to it within the usual time limits; and
(c) that an investment company's income is applied in accordance with the law and its instruments of incorporation.
4. An investment company's home Member State may decide that investment companies established on its territory which market their units exclusively through one or more stock exchanges on which t