【法规名称】
【法规编号】 82271 什么是编号？
【正 文】
第4页 CAP 1172 DAO HENG BANK LIMITED (MERGER) ORDINANCE
|
[接上页] Provided that nothing in this Ordinance shall affect any right of Dao Heng Bank 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 bank, either alone or jointly with another person, shall apply and have effect, on and from the appointed day, as if given to or by Dao Heng Bank or, as the case may be, to or by Dao Heng Bank 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 bank, or payable at any place of business of a transferring bank, 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 Dao Heng Bank, or were payable at the same place of business of Dao Heng Bank. (f) The custody of any document or record, goods or other thing held by a transferring bank as bailee shall pass to Dao Heng Bank on the appointed day, and the rights and obligations of a transferring bank under any contract of bailment relating to any such document or record, goods or thing shall on that day become rights and obligations of Dao Heng Bank. (g) (i) Any security interest held immediately before the appointed day by a transferring bank, or by a nominee or agent of or trustee for a transferring bank, 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, Dao Heng Bank, and be available to Dao Heng Bank (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 Dao Heng Bank in accordance with the provisions of this Ordinance and any liability thereby secured, Dao Heng Bank shall be entitled to the rights and priorities and be subject to the obligations and incidents to which the transferring bank 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 bank and Dao Heng Bank or between 2 transferring banks, in respect of which a transferring bank or Dao Heng Bank, or a nominee or agent of or trustee for a transferring bank or Dao Heng Bank 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 Dao Heng Bank. (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 Dao Heng Bank (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 bank or Dao Heng Bank 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 Dao Heng Bank as security for the payment or discharge of any liability owing to it, or to any transferring bank as security for the payment or discharge of any liability owing to it, such security interest shall not become available to Dao Heng Bank 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) Dao Heng Bank 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, Dao Heng Bank 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 bank 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, Dao Heng Bank 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) Dao Heng Bank obtains the written consent of the person or persons who granted such security interest; or (C) such security interest arises at general law.(h) (i) Where by virtue of this Ordinance any right or liability of a transferring bank becomes or is deemed to become a right or liability of Dao Heng Bank, Dao Heng Bank and all other persons shall, on and from the appointed day, have the same rights, powers and remedies (and in particular the same rights and powers as to taking or resisting legal proceedings or making or resisting applications to any authority) for ascertaining, perfecting or enforcing that right or liability as if it had at all times been a right or liability of Dao Heng Bank; and any legal proceedings or application to any authority existing or pending immediately before the appointed day by or against a transferring bank may be continued by or against Dao Heng Bank. |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！