【法规名称】
【法规编号】 82267 什么是编号？
【正 文】
第6页 CAP 1174 STANDARD CHARTERED BANK (HONG KONG) LIMITED (MERGER) ORDINANCE
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[接上页] Provided that nothing in this Ordinance shall affect any right of Standard Chartered Bank (Hong Kong) or of any customer to vary the conditions or incidents subject to which any account is kept.(d) Any existing instruction, order, direction, mandate, power of attorney, authority, undertaking or consent (whether in writing or not and whether or not in relation to an account) given to or by a transferring entity or (in so far as they are) given to or by Standard Chartered on behalf of a transferring entity, either alone or jointly with another person, shall apply and have effect, on and from the appointed day, as if given to or by Standard Chartered Bank (Hong Kong) or, as the case may be, to or by Standard Chartered Bank (Hong Kong) jointly with such other person. (e) Any negotiable instrument or order for payment of money drawn on, or given to, or accepted or endorsed by, a transferring entity or Standard Chartered on behalf of a transferring entity, or payable at any place of business of a transferring entity, whether so drawn, given, accepted or endorsed prior to, on or after the appointed day, shall have the same effect on and from the appointed day, as if it had been drawn on, or given to, or accepted or endorsed by Standard Chartered Bank (Hong Kong), or were payable at the same place of business of Standard Chartered Bank (Hong Kong). (f) The custody of any document or record, goods or other thing held by a transferring entity as bailee shall pass to Standard Chartered Bank (Hong Kong) on the appointed day, and the rights and obligations of a transferring entity under any contract of bailment relating to any such document or record, goods or thing shall on that day become rights and obligations of Standard Chartered Bank (Hong Kong). (g) (i) Any security interest held immediately prior to the appointed day by a transferring entity, or by a nominee or agent of or trustee for a transferring entity, as security for the payment or discharge of any liability shall, on and from the appointed day, be held by, or, as the case may require, by that nominee, agent or trustee for, Standard Chartered Bank (Hong Kong), and be available to Standard Chartered Bank (Hong Kong) (whether for its own benefit or, as the case may be, for the benefit of any other person) as security for the payment or discharge of that liability. (ii) In relation to any security interest vested or deemed to be vested in Standard Chartered Bank (Hong Kong) in accordance with the provisions of this Ordinance and any liability thereby secured, Standard Chartered Bank (Hong Kong) shall be entitled to the rights and priorities and be subject to the obligations and incidents to which the transferring entity in question would have been entitled and subject if it had continued to hold the security interest. (iii) Without prejudice to the generality of subparagraph (ii), in any case where any existing liability subsists between a transferring entity and Standard Chartered Bank (Hong Kong) or between two transferring entities, in respect of which a transferring entity or Standard Chartered Bank (Hong Kong), or a nominee or agent of or trustee for a transferring entity or Standard Chartered Bank (Hong Kong) holds a security interest, any liability referred to in subparagraph (ii) shall, for the purpose of enforcing or realizing that security interest, be deemed to continue in effect notwithstanding the vesting of the undertakings in Standard Chartered Bank (Hong Kong). (iv) Any security interest referred to in subparagraph (i), (ii) or (iii) and which extends to future advances or liabilities shall, on and from the appointed day, be available to Standard Chartered Bank (Hong Kong) (whether for its own benefit or, as the case may be, for the benefit of any other person) as security for the payment or discharge of future advances and liabilities to the same extent and in the same manner in all respects as future advances by, or liabilities to, a transferring entity or Standard Chartered Bank (Hong Kong) were secured thereby immediately prior to that day. (v) Notwithstanding subparagraph (i), where immediately prior to the appointed day, any security interest would not be available to Standard Chartered Bank (Hong Kong) as security for the payment or discharge of any liability owing to it or to any transferring entity as security for the payment or discharge of any liability owing to it, such security interest shall not become available to Standard Chartered Bank (Hong Kong) as security for such liability on and from the appointed day by virtue of this Ordinance, unless— (A) the terms of such security interest expressly provide otherwise; (B) Standard Chartered Bank (Hong Kong) obtains the written consent of the person or persons who granted such security interest; or (C) such security interest arises at general law.(vi) Notwithstanding subparagraph (ii), where immediately prior to the appointed day, Standard Chartered Bank (Hong Kong) would not, in respect of any liability owing to it, be entitled to the rights and priorities in relation to any security interest then in existence, or any transferring entity would not, in respect of any liability owing to it, be entitled to the rights and priorities in relation to any security interest then in existence, Standard Chartered Bank (Hong Kong) shall not, in respect of such liability, be entitled to such rights and priorities on and from the appointed day by virtue of this Ordinance, unless— |
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