depositary


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Related to depositary: Depositary bank, Depositary receipt
See: comptroller, receiver, trustee

DEPOSITARY, contracts. He with whom a deposit is confided or made.
     2. It is, the essence of the contract of deposits that it should be gratuitous on the part 'of the depositary. 9 M. R. 470. Being a bailee without reward, the depositary is bound to slight diligence only, and he is not therefore answerable except for gross neglect. 1 Dane's Abr. c. 17, art. 2. But in every case good faith requires that he should take reasonable care; and what is reasonable care, must materially depend upon the nature and quality of the thing, the circumstances under which it is deposited, and sometimes upon the character and confidence, and particular dealing of the parties. See 14 Serg. & Rawle, 275. The degree of care and diligence is not altered by the fact, that the depositary is the joint owner of the goods with the depositor; for in such a case, if the possessor is guilty of gross negligence, he will still be responsible, in the same manner as a common depositary, having no interest in the thing. Jones' Bailm. 82, 83. As to the care which. a depositary is bound to use, see 2 Ld. Raym. 900, 914; 1 Ld. Raym. 655; 2 Kent's Com. 438; 17 Mass. R. 479, 499; 4 Burr.. 2298; 14 Serg. & Rawle, 275; Jones' Bailm. 8; Story on Bailm. Sec. 63, 64.
     3. The depositary is bound to return the deposit in individuo, and in the same state in which he received it; if it is lost, or injured, or spoiled, by his fraud or gross negligence, he is responsible to the extent of the loss or injury. Jones' Bailm. 36, 46, 120; 17 Mass. R. 479; 2 Hawk. N. Car. R. 145; 1 Dane's Abr. c. 17, art. 1 and 2. He is also bound to restore, not only the thing deposited, but any increase or profits which may have accrued from it; if an animal deposited bear young, the latter are to be delivered to the owner. Story on Bailm. Sec. 99.
     4. In general it may be laid down that a depositary has no, right to use the thing deposited. Bac. Abr. Bailm. D; Jones' Bailm. 81, 82; 1 Dane's Abr. c. 17, art. 11, Sec. 2. But this proposition must be received with many qualifications. There are certain cases, in which the use of the thing may be necessary for the due preservation of the deposit. There are others, again, where it would be mischievous; and others again, where it would be, if not beneficial, at least indifferent. Jones' Bailm. 81, 82; Owen's R. 123, 124; 2 Salk. 522; 2 Kent's Com. 450. The best general rule on the subject, is to consider whether there may or may not be an implied consent, on the part of the owner, to the use. If the use would be for the benefit of the deposit, the assent of the owner may well be presumed; if to his injury, or perilous, it ought not to be presumed; if the use would be indifferent, and other circumstances, do not incline either way, the use may be deemed not allowable. Jones' Bailm. 80, 81; Story on Bailm. Sec. 90; 1 Bouv. Inst. n. 1008, et seq.

References in periodicals archive ?
The Series D Depositary Shares (NYSE: BBT PRD, CUSIP: 054937206), each representing a 1/1,000th interest in a share of Series D Preferred Stock, and the Series E Depositary Shares (NYSE: BBT PRE, CUSIP: 054937404), each representing a 1/1,000th interest in a share of Series E Preferred Stock, will be redeemed simultaneously with the redemption of the respective Series D Preferred Stock or Series E Preferred Stock, in each case at a redemption price of USD 25 per depositary share (equivalent to USD 25,000 per share of preferred stock).
The Series D Depositary Shares and a portion of the Series E Depositary Shares are held through The Depository Trust Company (DTC) and will be redeemed in accordance with the procedures of DTC.
The termination of the depositary receipt structure does not affect Unilever NV shares held in New York Registry form nor Unilever PLC shares held in American Depositary Receipt form.
Simultaneously with the redemption of the Series B Preferred Stock, the Bank of New York Mellon will redeem all of the outstanding Depositary Shares on the Redemption Date, for an amount per Depositary Share equal to the Redemption Payment.
The notice of redemption specifying the terms, conditions and procedures for the redemption (the "Redemption Notice") will be mailed to holders of record of Series E Depositary Shares, and is available by contacting Computershare Inc.
For every two shares accepted by the depositary for deposit at the custodian, the depositing investor (or such person or entity directed by such depositing investor) will receive one ADS.
Alex Hickson, EMEA head of depositary receipts sales and relationship management for J.P.
The Bank of New York is depositary for more than 1,250 American and global depositary receipt programs, a 64% market share, acting in partnership with leading companies from 61 countries.
They are issued by a depositary bank, which holds the company shares backing the ADRs.
Of the total 1,500,000 Series V Depositary Shares outstanding, 1,293,875 Series V Depositary Shares, each representing a 1/25th interest in one share of the Series V Preferred Stock, will be redeemed on August 2, 2019 simultaneously with the redemption of the Series V Preferred Stock at a redemption price of $1,000 per depositary share, plus accrued and unpaid dividends for the current dividend period to but excluding the redemption date in an amount equal to $7.40760 per depositary share, for a total amount payable upon redemption of $1,007.40760 per depositary share.
Slovenian state-owned bank Nova Ljubljanska bank d.d., Ljubljana (NLB) has said that it has named BNY Mellon (NYSE: BK) as the depositary bank for its Depositary Receipt program.
A dividend of $351.5625 per share (equivalent to $0.3515625 per depositary share or 1/1,000th interest per share) on BB&T's Series E Non-Cumulative Perpetual Preferred Stock