【法规名称】
【法规编号】 82277 什么是编号？
【正 文】
CAP 1169 MIZUHO CORPORATE BANK, LTD. (HONG KONG CONSOLIDATION) ORDINANCE
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An Ordinance to provide for the vesting and facilitating the vesting in The Fuji Bank, Limited of certain undertakings of The Dai-Ichi Kangyo Bank, Limited and The Industrial Bank of Japan, Limited; and for other related purposes. [28 December 2001] (Originally 33 of 2001) Cap 1169 Preamble WHEREAS- (a) The Dai-Ichi Kangyo Bank, Limited (hereinafter called "DKB") is a corporation organized under the laws of Japan having its registered place of business at Tokyo and is a bank licensed under the Banking Ordinance (Cap 155) carrying on the business of banking in Hong Kong and elsewhere; (b) The Fuji Bank, Limited (hereinafter called "Corporate Business Bank") is a corporation organized under the laws of Japan having its registered place of business at Tokyo and is a bank licensed under the Banking Ordinance (Cap 155) carrying on the business of banking in Hong Kong and elsewhere; (c) The Industrial Bank of Japan, Limited (hereinafter called "IBJ") is a corporation organized under the laws of Japan having its registered place of business at Tokyo and is a bank licensed under the Banking Ordinance (Cap 155) carrying on the business of banking in Hong Kong and elsewhere; (d) each of DKB, Corporate Business Bank and IBJ has a branch in Hong Kong; (e) Mizuho Holdings, Inc. (hereinafter called "Mizuho Holdings") is a bank and long-term credit bank holding corporation organized under the laws of Japan; (f) Corporate Business Bank and the consolidating banks are all wholly owned subsidiaries of Mizuho Holdings and are all members of the Mizuho Financial Group; (g) a consolidation agreement dated 22 December 1999 and entered into by DKB, Corporate Business Bank and IBJ has provided for the businesses carried on by DKB, Corporate Business Bank and IBJ to be reorganized and consolidated according to customer segments and business functions into two banks, to be named Mizuho Corporate Bank, Ltd. and Mizuho Bank, Ltd. respectively, and such reorganization and consolidation pursuant to the consolidation agreement will be effected by corporate split and merger procedures under the laws of Japan which provide for the block transfers of assets and liabilities by operation of the laws of Japan; (h) for the better conduct of the businesses of the Mizuho Financial Group, it is expedient that the respective undertakings of the Hong Kong branches of the consolidating banks be succeeded to by, and consolidated in, Corporate Business Bank and that such consolidation should be effected by means of a transfer and vesting of the undertakings of DKB Hong Kong Branch and IBJ Hong Kong Branch to and in Corporate Business Bank; (i) on the appointed day, IBJ will be merged into Corporate Business Bank and will be dissolved under the provisions of the Law Concerning Merger and Conversion of Financial Institutions of Japan and the Commercial Code of Japan, and the name of Corporate Business Bank will be changed to Mizuho Corporate Bank, Ltd.; (j) on the appointed day, the name of DKB will be changed to Mizuho Bank, Ltd., and DKB will cease to carry on the business of banking in Hong Kong; (k) in view of the extent of the contractual and other legal relationships affecting the conduct of the undertakings of Corporate Business Bank Hong Kong Branch and the Hong Kong branches of the consolidating banks, it is expedient to make provision to facilitate such consolidation without interference with the conduct and continuity of the respective businesses of Corporate Business Bank Hong Kong Branch and the Hong Kong branches of the consolidating banks. Cap 1169 s 1 Short title This Ordinance may be cited as the Mizuho Corporate Bank, Ltd. (Hong Kong Consolidation) Ordinance. Cap 1169 s 2 Interpretation (1) In this Ordinance, unless the subject or context otherwise requires- "appointed day" (指定日期) means such day as may be appointed and notified pursuant to section 3, being the day on which, inter alia, the merger of IBJ into Corporate Business Bank and the change in the name of Corporate Business Bank to Mizuho Corporate Bank, Ltd. are to be effected under the laws of Japan pursuant to the consolidation agreement; "books and records" (簿册及纪录) means any document, record (including an electronic record), report, letter or register of whatsoever nature kept by or on behalf of a person including without limitation balance sheets and any ledger, day book, cash book, account book or bank book; "consolidating bank in Hong Kong" (香港合并银行) means a consolidating bank but only in so far as the matter in question relates to its consolidating branch, and a reference to "the consolidating banks in Hong Kong" is a reference to both of the consolidating banks in Hong Kong; "the consolidating banks" (各合并银行) means DKB and IBJ, and a reference to a "consolidating bank" is a reference to one of the consolidating banks; "the consolidating branches" (各合并分行) means DKB Hong Kong Branch and IBJ Hong Kong Branch, and a reference to a "consolidating branch" is a reference to one of the consolidating branches; |
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