【法规名称】
【法规编号】 82269 什么是编号？
【正 文】
第4页 CAP 1173 THE BANK OF EAST ASIA, LIMITED (MERGER OF SUBSIDIARIES) ORDINANCE
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[接上页] Provided that nothing in this Ordinance shall affect any right of Bank of East Asia 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 merging 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 Bank of East Asia or, as the case may be, to or by Bank of East Asia 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 merging entity, or payable at any place of business of a merging entity, whether so drawn, given, accepted or endorsed before, 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 Bank of East Asia, or were payable at the same place of business of Bank of East Asia. (f) The custody of any document or record, goods or other thing held by a merging entity as bailee shall pass to Bank of East Asia on the appointed day, and the rights and obligations of the merging 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 Bank of East Asia. (g) (i) Any security interest held immediately before the appointed day by a merging entity, or by a nominee or agent of or trustee for a merging 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, Bank of East Asia, and be available to Bank of East Asia (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 Bank of East Asia in accordance with the provisions of this Ordinance and any liability thereby secured, Bank of East Asia shall be entitled to the rights and priorities and be subject to the obligations and incidents to which the merging 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 merging entity and Bank of East Asia or between the merging entities, in respect of which a merging entity or Bank of East Asia, or a nominee or agent of or trustee for a merging entity or Bank of East Asia holds a security interest, that liability shall, for the purpose of enforcing or realizing that security interest, be deemed to continue in effect notwithstanding the vesting of the undertakings in Bank of East Asia. (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 Bank of East Asia (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 merging entity or, as the case may be, Bank of East Asia were secured thereby immediately before that day. (v) Notwithstanding subparagraph (i), where immediately before the appointed day any security interest would not be available to Bank of East Asia as security for the payment or discharge of any liability owing to it, or to any merging entity as security for the payment or discharge of any liability owing to it, such security interest shall not become available to Bank of East Asia 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) Bank of East Asia 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 before the appointed day, Bank of East Asia 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 merging 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, Bank of East Asia 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- (A) the terms of such security interest expressly provide otherwise; (B) Bank of East Asia obtains the written consent of the person or persons who granted such security interest; or |
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