【法规名称】
【法规编号】 82277 什么是编号？
【正 文】
第5页 CAP 1169 MIZUHO CORPORATE BANK, LTD. (HONG KONG CONSOLIDATION) ORDINANCE
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[接上页] (e) Any negotiable instrument or order for payment of money drawn on, or given to, or accepted or endorsed by, a consolidating bank in Hong Kong, or payable at any place of business of a consolidating bank in Hong Kong, 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 Corporate Business Bank, or were payable at the same place of business of Corporate Business Bank. (f) The custody of any document or record, goods or other thing held by a consolidating bank in Hong Kong as bailee shall pass to Corporate Business Bank on the appointed day, and the rights and obligations of the consolidating bank in Hong Kong under any contract of bailment relating to any such document or record, goods or thing shall on that day become rights and obligations of Corporate Business Bank. (g) (i) Any security interest held immediately before the appointed day by a consolidating bank in Hong Kong, or by a nominee or agent of or trustee for a consolidating bank in Hong Kong, 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, Corporate Business Bank, and be available to Corporate Business Bank (whether for its own benefit or 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 Corporate Business Bank in accordance with the provisions of this Ordinance and any liability thereby secured, Corporate Business Bank shall be entitled to the rights and priorities and be subject to the obligations and incidents to which the consolidating bank in Hong Kong 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 consolidating bank in Hong Kong and Corporate Business Bank or between the consolidating banks in Hong Kong, in respect of which a consolidating bank in Hong Kong or Corporate Business Bank, or a nominee or agent of or trustee for a consolidating bank in Hong Kong or Corporate Business 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 or deemed vesting of the consolidating branches in Corporate Business 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 Corporate Business Bank (whether for its own benefit or 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 consolidating bank in Hong Kong 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 Corporate Business Bank as security for the payment or discharge of any liability owing to it, or to any consolidating bank in Hong Kong as security for the payment or discharge of any liability owing to it, such security interest shall not become available to Corporate Business Bank as security for such liability on and from the appointed day by virtue only of this Ordinance, unless- (A) the terms of such security interest expressly provide otherwise; (B) Corporate Business Bank or the relevant consolidating bank obtains the written consent of the person or persons who granted or, if different, the person or persons for the time being liable as security provider under, such security interest; or (C) such security interest arises at general law.(vi) Notwithstanding subparagraph (ii), where immediately before the appointed day, Corporate Business 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 consolidating bank in Hong Kong 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, Corporate Business Bank shall not, in respect of such liability, be entitled to such rights and priorities on and from the appointed day by virtue only of this Ordinance, unless- (A) the terms of such security interest expressly provide otherwise; (B) Corporate Business Bank or the relevant consolidating bank obtains the written consent of the person or persons who granted or, if different, the person or persons for the time being liable as security provider under, 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 consolidating bank in Hong Kong is deemed to become a right or liability of Corporate Business Bank, Corporate Business 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 Corporate Business Bank; and any legal proceedings or application to any authority existing or pending immediately before the appointed day by or against a consolidating bank in Hong Kong may be continued by or against Corporate Business Bank. |
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