【法规名称】
【法规编号】 82277 什么是编号？
【正 文】
第3页 CAP 1169 MIZUHO CORPORATE BANK, LTD. (HONG KONG CONSOLIDATION) ORDINANCE
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[接上页] (2) Any reference in the definitions of "DKB Hong Kong Branch", "Corporate Business Bank Hong Kong Branch", "IBJ Hong Kong Branch" and "the Hong Kong branches of the consolidating banks" to a branch or, as the case may be, branches is a reference to all places at which DKB or Corporate Business Bank or IBJ or the relevant consolidating bank or, as the case may be, the relevant consolidating banks carry on business in Hong Kong. (3) Subject to any provision of this Ordinance to the contrary effect, any reference in this Ordinance to property or liabilities of Corporate Business Bank, a consolidating bank, a consolidating bank in Hong Kong or a consolidating branch is a reference to property or liabilities to which Corporate Business Bank, the consolidating bank, consolidating bank in Hong Kong or consolidating branch, as the case may be, is for the time being entitled or subject (whether beneficially or in any fiduciary capacity), wherever such property or liabilities are situated or arise and whether or not capable of being transferred or assigned by Corporate Business Bank, the consolidating bank, consolidating bank in Hong Kong or consolidating branch, as the case may be, and whether or not Corporate Business Bank, the consolidating bank, consolidating bank in Hong Kong or consolidating branch, as the case may be, is entitled to such property or subject to such liabilities under the laws of Hong Kong or under the laws of any country, territory or place outside Hong Kong. (4) Any body politic or corporate and any other person or persons whose rights are affected by any of the provisions of this Ordinance shall be deemed to be mentioned herein. (5) Subject to any provision of this Ordinance to the contrary effect, any reference in this Ordinance to Corporate Business Bank is a reference to Mizuho Corporate Bank, Ltd. from and after the appointed day. Cap 1169 s 3 Notice of appointed day Corporate Business Bank shall give notice in the Gazette of the day expected to be the appointed day save that, in the event that such day proves not to be the appointed day for any reason, Corporate Business Bank shall give notice in the Gazette to that effect and shall again give notice in the Gazette of the next day expected to be the appointed day or, as the case may be, Corporate Business Bank shall give notice in the Gazette of the day which was the appointed day. Cap 1169 s 4 Vesting and recognition of vesting of the consolidating branches (1) On the appointed day- (a) DKB Hong Kong Branch shall by virtue of this Ordinance and without further act or deed be transferred to, and vest in, Corporate Business Bank to the intent that Corporate Business Bank shall succeed to DKB Hong Kong Branch as if in all respects Corporate Business Bank were the same person in law as DKB; and (b) IBJ Hong Kong Branch shall by virtue of this Ordinance and without further act or deed be and shall be deemed for the purpose of Hong Kong law to be transferred to, and vest in, Corporate Business Bank to the intent that Corporate Business Bank shall succeed to IBJ Hong Kong Branch as if in all respects Corporate Business Bank were the same person in law as IBJ.(2) In relation to any matter referred to in subsection (1), subsection (1) shall be deemed to have effect for the purposes of Hong Kong law notwithstanding that neither of the consolidating banks is a company incorporated in Hong Kong. (3) Where the transfer and vesting of any property or liabilities forming part of a consolidating branch is governed otherwise than by the laws of Hong Kong, the consolidating bank in question shall, if Corporate Business Bank so requires, as soon as is practicable after the appointed day, take all necessary steps for the purpose of securing the effective transfer and vesting thereof to and in Corporate Business Bank and, pending such transfer and vesting, shall (as regards any property governed otherwise than by the laws of Hong Kong) hold such property in trust absolutely for Corporate Business Bank. Cap 1169 s 5 Trust property and wills (1) Any property vested or deemed to be vested in Corporate Business Bank by virtue of this Ordinance which immediately before the appointed day was held by a consolidating bank in Hong Kong, whether alone or jointly with any other person, as trustee or custodian trustee of any trust deed, settlement, covenant, agreement or will (whether originally so appointed or not, and whether appointed under hand or seal, or by order of any court or otherwise), or as executor of the will, or administrator of the estate, of a deceased person or as judicial trustee appointed by order of any court, or in any other fiduciary capacity, shall, on and from the appointed day, be held by Corporate Business Bank alone or, as the case may be, jointly with such other person, in the same capacity upon the trusts, and with and subject to the powers, provisions and liabilities, applicable thereto respectively. (2) Any existing instrument or order of any court under or by virtue of which any property became vested in a consolidating bank in Hong Kong 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 consolidating bank in Hong Kong 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 consolidating bank in Hong Kong other than a reference (however worded and whether express or implied) to terms and conditions of, or to a scale of fees of, the consolidating bank in Hong Kong, there were substituted a reference to Corporate Business Bank provided always that this subsection shall not prevent Corporate Business Bank from varying the remuneration or scale of fees payable in accordance with the terms of the relevant instrument or order. |
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