【法规名称】
【法规编号】 82269 什么是编号？
【正 文】
第3页 CAP 1173 THE BANK OF EAST ASIA, LIMITED (MERGER OF SUBSIDIARIES) ORDINANCE
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[接上页] (2) Any existing instrument or order of any court under or by virtue of which any property became vested in a merging entity, in any such fiduciary capacity as is referred to in subsection (1) (including in the case of a will any grant of probate thereof), and any provision in such instrument or order, or any existing contract or arrangement, for the payment to, or retention by, a merging entity of remuneration for its services in any such fiduciary capacity, shall, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein to the merging entity not being a reference (however worded and whether express or implied) to terms and conditions of, or to a scale of fees of, the merging entity, there were substituted a reference to Bank of East Asia provided always that this subsection shall not prevent Bank of East Asia from varying the remuneration or scale of fees payable in accordance with the terms of the relevant instrument or order. (3) Any will made before the appointed day which has not been proved in Hong Kong before the appointed day, and any will made on or after the appointed day, being a will which appoints a merging entity to be an executor, trustee or recipient of any property as trustee, shall, on and from the appointed day, be construed and have effect as if for any reference therein to the merging entity as such executor, trustee or recipient or otherwise in connection with such appointment, not being a reference (however worded and whether express or implied) to terms and conditions of, or to a scale of fees of, the merging entity, there were substituted a reference to Bank of East Asia. (4) No testamentary gift shall be adeemed by reason only of the operation of any of the provisions of this Ordinance. Cap 1173 s 7 Supplementary provisions Without prejudice to the generality of any other provision of this Ordinance but subject to any provision of this Ordinance to the contrary effect, the following provisions of this section shall have effect- (a) All existing contracts, agreements, insurance policies, options, novations, certificates, awards, land grants, conveyances, deeds, leases, licences, notices, permits, guarantees, documents granting or comprising any security interest, bonds, indemnities, mandates, instructions and other instruments and undertakings entered into by, made with, given to or by or addressed to a merging entity (whether alone or with any other person and whether as principal or agent and whether in writing or not), other than those entered into by, made with, given to or by or addressed to such merging entity in relation to the excluded property, shall be construed and have effect on and from the appointed day as if- (i) Bank of East Asia had been a party thereto instead of such merging entity; (ii) for any reference (however worded and whether express or implied) to such merging entity there were substituted, as respects anything falling to be done on or after the appointed day, a reference to Bank of East Asia; and (iii) any reference (however worded and whether express or implied) to the directors or to any director, officer or employee of such merging entity were, as respects anything falling to be done on or after the appointed day, a reference to the directors of Bank of East Asia or, as the case may require, to such director, officer or employee of Bank of East Asia as Bank of East Asia may appoint for that purpose or, in default of appointment, to the director, officer or employee of Bank of East Asia who corresponds as nearly as may be to the first-mentioned director, officer or employee.(b) Paragraph (a)(ii) shall, subject to the provisions of section 15, apply to any statutory provision, to any provision of any existing contract to which a merging entity was not a party and to any provision of any other existing document (not being a contract or a will) as they apply to a contract to which that paragraph applies. (c) Any account between a merging entity and a customer shall, on the appointed day, be transferred to Bank of East Asia and become an account between Bank of East Asia and such customer subject to the same conditions and incidents as theretofore; and such account shall be deemed for all purposes to be a single continuing account; and any existing contracts, agreements, insurance policies, options, novations, certificates, awards, land grants, conveyances, deeds, leases, licences, notices, permits, guarantees, documents granting or comprising any security interest, bonds, indemnities, mandates, instructions and other instruments and undertakings entered into by, made with, given to or by or addressed to a merging entity (whether alone or with any other person and whether as principal or agent and whether in writing or not), shall be construed and have effect on and from the appointed day as if any reference (however worded and whether express or implied) to such account between such merging entity and a customer there were substituted, as respects anything falling to be done on or after the appointed day, and so far as the context permits, a reference to the continuing account between Bank of East Asia and such customer: |
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