【法规名称】
【法规编号】 82285 什么是编号？
【正 文】
第3页 CAP 1160 BANK OF TOKYO-MITSUBISHI ORDINANCE
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[接上页] Provided that such paragraph shall not apply to any existing authorization or exemption under any enactment regulating the carrying on of the business of Bank of Tokyo.(c) Any account between Bank of Tokyo and a customer shall, on the appointed day, be transferred to Bank of Tokyo-Mitsubishi and become an account between Bank of Tokyo-Mitsubishi and such customer subject to the same conditions and incidents as theretofore; and such account shall be deemed for all purposes to be a single continuing account; provided that nothing in this Ordinance shall affect any right of Bank of Tokyo-Mitsubishi 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 Bank of Tokyo, either alone or jointly with another person, shall apply and have effect, on and from the appointed day, as if given to Bank of Tokyo-Mitsubishi or, as the case may be, to Bank of Tokyo-Mitsubishi 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, Bank of Tokyo, or payable at any place of business of Bank of Tokyo, 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 Bank of Tokyo-Mitsubishi, or were payable at the same place of business of Bank of Tokyo-Mitsubishi. (f) The custody of any document or record, goods or other thing held by Bank of Tokyo as bailee shall pass to Bank of Tokyo-Mitsubishi on the appointed day, and the rights and obligations of Bank of Tokyo under any contract of bailment relating to any such document or record, goods or thing shall on that day become rights and obligations of Bank of Tokyo-Mitsubishi. (g) (i) Any security held immediately before the appointed day by Bank of Tokyo, or by a nominee or agent of or trustee for Bank of Tokyo, 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, Bank of Tokyo-Mitsubishi, and be available to Bank of Tokyo-Mitsubishi (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 deemed to be vested in Bank of Tokyo-Mitsubishi in accordance with the provisions of this Ordinance and any liabilities thereby secured, Bank of Tokyo-Mitsubishi shall be entitled to the rights and priorities and be subject to the obligations and incidents to which Bank of Tokyo would have been entitled and subject if it had continued to hold the security; (iii) without prejudice to the generality of subparagraph (ii), in any case where any existing liability subsists between Bank of Tokyo and Mitsubishi Bank in respect of which Bank of Tokyo or Mitsubishi Bank, or a nominee or agent of or trustee for Bank of Tokyo or Mitsubishi Bank holds security, that liability shall, for the purpose of enforcing or realizing that security, be deemed to continue in effect notwithstanding the vesting of the undertaking in Bank of Tokyo-Mitsubishi; (iv) any security 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 Bank of Tokyo-Mitsubishi (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, Bank of Tokyo were secured thereby immediately before that day.(h) Where by virtue of this Ordinance any right or liability of Bank of Tokyo is deemed to become a right or liability of Bank of Tokyo-Mitsubishi, Bank of Tokyo-Mitsubishi 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 Bank of Tokyo-Mitsubishi; and any legal proceedings or application to any authority existing or pending immediately before the appointed day by or against Bank of Tokyo may be continued by or against Bank of Tokyo-Mitsubishi. (i) Any judgment or award obtained by or against Bank of Tokyo and not fully satisfied before the appointed day shall on that day, to the extent to which it is enforceable by or against Bank of Tokyo, become enforceable by or against Bank of Tokyo-Mitsubishi. (j) 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 Bank of Tokyo, whether alone or with others, before the appointed day. |
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