【法规名称】
【法规编号】 82295 什么是编号？
【正 文】
第2页 CAP 1142 DEUTSCHE BANK (MERGER) ORDINANCE
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[接上页] (3) 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. (Enacted 1988) Cap 1142 s 3 Notice of appointed day Deutsche 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, Deutsche 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, of the day which was the appointed day. (Enacted 1988)____________________________________________________________________________________________ Note: See notice on page PN1593 of Gazette Supplement No. 6 of 31 March 1988. The appointed day was in the event 5 April 1988. Cap 1142 s 4 Recognition of vesting of DB Asia's undertaking in Deutsche Bank On the appointed day that part of the undertaking of DB Asia which is governed by Hong Kong law or the transfer of which is governed by Hong Kong law or which is derived from the Hong Kong business of DB Asia shall be deemed for the purpose of Hong Kong law to be transferred to, and vest in, Deutsche Bank to the intent that Deutsche Bank shall succeed to such part of the undertaking of DB Asia as if in all respects Deutsche Bank were the same person in law as DB Asia. (Enacted 1988) Cap 1142 s 5 Trust property and wills (1) Any property deemed to be vested in Deutsche Bank by virtue of this Ordinance which immediately before the appointed day was held by DB Asia, 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 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 Deutsche 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 DB Asia 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, DB Asia 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 DB Asia there were substituted a reference to Deutsche Bank. (3) No testamentary gift shall be adeemed by reason only of the operation of any of the provisions of this Ordinance. (Enacted 1988) Cap 1142 s 6 Supplementary provisions Without prejudice to the generality of the foregoing provisions but subject to any provision of this Ordinance to the contrary effect, the following provisions of this section shall have effect with respect to matters within Hong Kong or subject to the laws of Hong Kong- (a) Every contract to which DB Asia is a party (whether in writing or not) shall have effect on and from the appointed day as if- (i) Deutsche Bank had been a party thereto instead of DB Asia; (ii) for any reference (however worded and whether express or implied) to DB Asia there were substituted, as respects anything falling to be done on or after the appointed day, a reference to Deutsche Bank; (iii) any reference (however worded and whether express or implied) to the directors or to any director, officer or employee of DB Asia were, as respects anything falling to be done on or after the appointed day, a reference to the directors of Deutsche Bank or, as the case may require, to such director, officer or employee of Deutsche Bank as Deutsche Bank may appoint for that purpose or, in default of appointment, to the director, officer or employee of Deutsche Bank who corresponds as nearly as may be to the first-mentioned director, officer or employee.(b) Sub-paragraph (a)(ii) shall apply to any statutory provision, to any provision of any existing contract to which DB Asia was not a party and to any provision of any other existing document (not being a contract or a will) as they apply to a contract to which that paragraph applies: Provided that such sub-paragraph shall not apply to any existing authorization or exemption under any enactment regulating the carrying on of the business of DB Asia.(c) Any account between DB Asia and a customer shall, on the appointed day, become an account between Deutsche Bank 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: |
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