【法规名称】
【法规编号】 82271 什么是编号？
【正 文】
第5页 CAP 1172 DAO HENG BANK LIMITED (MERGER) ORDINANCE
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[接上页] (ii) Where any right or liability of a transferring bank was before the appointed day the subject of arbitral proceedings to which the transferring bank was a party, Dao Heng Bank shall on and from the appointed day automatically be substituted for such transferring bank as a party to those proceedings, without the need for consent from any other party or from the arbitrator.(i) Any judgment or award obtained by or against a transferring bank and not fully satisfied before the appointed day shall on that day, to the extent to which it is enforceable by or against such transferring bank, become enforceable by or against Dao Heng Bank. (j) Any court order which applies to a transferring bank shall on and from the appointed day apply to Dao Heng Bank instead of to such transferring bank. (k) Nothing in this Ordinance shall terminate or prejudicially affect the appointment, authority, rights or powers of any receiver or of any receiver and manager appointed by a transferring bank, whether alone or with others, before the appointed day. (l) The Privacy Commissioner may, on and from the appointed day, exercise in respect of Dao Heng Bank any power under the Personal Data (Privacy) Ordinance (Cap 486) which he could have immediately before the appointed day exercised in respect of a transferring bank in respect of a breach or alleged breach by a transferring bank of that Ordinance or the data protection principles; but the transfer to, and vesting in, Dao Heng Bank by this Ordinance of the undertakings of the transferring banks and any disclosure to Dao Heng Bank of any information in contemplation or as a result thereof shall not amount to a breach of any duty of confidentiality to which a transferring bank is subject immediately before the appointed day or to a contravention by Dao Heng Bank or a transferring bank of the Personal Data (Privacy) Ordinance (Cap 486) or the data protection principles. Cap 1172 s 8 Accounting treatment of Dao Heng Bank and the transferring banks (1) On and from the appointed day, by virtue of this Ordinance and notwithstanding the provisions of any other Ordinance- (a) the balance sheets and profit and loss accounts of the transferring banks and Dao Heng Bank for the accounting period of each of the transferring banks and Dao Heng Bank in which the appointed day falls shall be prepared in all respects as if the undertakings had vested or deemed to have vested in Dao Heng Bank pursuant to section 5 on the first day of such accounting period of Dao Heng Bank; (b) all property and liabilities of DBS Kwong On Bank (other than excluded property) shall be transferred to Dao Heng Bank at their carrying value in the accounts of DBS Kwong On Bank on the first day of such accounting period of Dao Heng Bank; (c) all property and liabilities of Overseas Trust Bank (other than excluded property) shall be transferred to Dao Heng Bank at their carrying value in the consolidated accounts of Dao Heng Bank on the first day of such accounting period of Dao Heng Bank; (d) every existing reserve of DBS Kwong On Bank relating to the property and liabilities vested in Dao Heng Bank by virtue of this Ordinance as stated in the accounts of DBS Kwong On Bank on the first day of such accounting period of Dao Heng Bank shall be transferred to and for all purposes be and become a reserve of Dao Heng Bank; (e) every existing reserve of Overseas Trust Bank relating to the property and liabilities vested in Dao Heng Bank by virtue of this Ordinance as consolidated in the group accounts of Dao Heng Bank (including Overseas Trust Bank and Dao Heng Bank) on the first day of such accounting period of Dao Heng Bank shall be transferred to and for all purposes be and become a reserve of Dao Heng Bank; and (f) the amount, description and character of every reserve of Dao Heng Bank which shall come into being pursuant to paragraphs (d) and (e) shall be the same in all respects as those of the corresponding existing reserve of the transferring banks immediately before the first day of such accounting period of Dao Heng Bank, and all enactments and rules of law shall apply to or in respect of every such reserve of Dao Heng Bank in the same manner in all respects as they applied to or in respect of the corresponding existing reserve of the transferring banks immediately before the first day of such accounting period of Dao Heng Bank.(2) Every reference in subsection (1) to an existing reserve shall include a reference to any reserve or similar provision, irrespective of its name or designation (and whether the amount thereof be positive or negative in nature) and, without prejudice to the generality of the foregoing, every such reference shall include a reference to any sums standing to the credit (or debit) of any profit and loss account. (3) Without prejudice to the generality of subsection (1), any profits or losses of the transferring banks earned or incurred after the beginning of the financial year of the transferring banks in which the appointed day shall occur, shall, on and from the appointed day, and by virtue of this Ordinance, be treated for all purposes as profits or, as the case may be, losses, of Dao Heng Bank. |
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