【法规名称】
【法规编号】 82297 什么是编号？
【正 文】
第4页 CAP 1138 ROYAL BANK OF SCOTLAND ORDINANCE
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[接上页] Provided that where any such reference is to a scale or terms or conditions applicable to Royal Bank of Scotland at some date before the appointed day, then the provisions of this subsection shall be construed and have effect as if such scale or terms or conditions had been applicable to the Bank at such prior date (notwithstanding that the Bank may not have been in existence at that date or may not have been carrying on the business of acting in the fiduciary capacity to which such scale or terms or conditions related) and as if every reference in such scale or terms or conditions to Royal Bank of Scotland had been a reference to the Bank. Cap 1138 s 7 Supplementary provisions as to transfer (1) Without prejudice to the generality of any other provision of this Ordinance, the following provisions shall have effect for the purposes of section 4- (a) any existing account between Royal Bank of Scotland and a customer shall be transferred to the Bank on the appointed day and shall become, on and from the appointed day, an account between the Bank and such customer with the same rights and subject to the same obligations and incidents (including rights of compensation and set-off) as would have been applicable thereto if such account between Royal Bank of Scotland and the customer had continued and such account shall be deemed for all purposes to be a single continuing account: Provided that nothing herein shall effect any right of the Bank or of the customer on or after the appointed day to vary the conditions or incidents subject to which any account is kept;(b) (i) any existing instruction, order, direction, mandate, notice, representation, power of attorney, authority, consent or undertaking (whether in writing or not and whether or not in relation to an account) given to Royal Bank of Scotland, either alone or jointly with another person, shall apply and have effect, on and from the appointed day, as if given to the Bank or, as the case may be, to the Bank jointly with such other person; (ii) any instruction, order, direction, mandate, notice, representation, power of attorney, authority, consent or undertaking (whether in writing or not) which is given to Royal Bank of Scotland, either alone or jointly with another person, on or after the appointed day and which, if given as aforesaid prior to the appointed day would have related to an existing account between Royal Bank of Scotland and a customer shall apply and have effect as if given to the Bank or, as the case may be, to the Bank jointly with such other person;(c) (i) any security which is, immediately before the appointed day, held by or in favour of Royal Bank of Scotland as security for the payment or discharge of any liability shall, on and from the appointed day, be held by or in favour of the Bank and be available to the Bank as security for the payment or discharge of such liability; (ii) where any security such as is mentioned in sub-paragraph (i) of this paragraph extends to future advances or future liabilities, the said security shall, on and from the appointed day, be held by or in favour of the Bank, and be available to the Bank, as security for future advances by, or future liabilities to, the Bank to the same extent and in the same manner in all respects as if it had been originally granted in favour of, and had originally extended to future advances by or future liabilities to, the Bank; (iii) where any security such as is mentioned in sub-paragraph (i) of this paragraph was granted for a stated maximum amount, the said security shall, on and from the appointed day, have the same effect in favour of the Bank up to such maximum amount in all respects as if it had been originally granted in favour of the Bank for such maximum amount; (iv) the Bank shall, in relation to any security such as is mentioned in sub-paragraph (i) of this paragraph and to the liabilities thereby secured, be entitled to the same rights and priorities and subject to the same obligations and incidents on and from the appointed day as Royal Bank of Scotland would have been entitled and subject to if the said security had continued to be held by it or in its favour;(d) the custody or possession of any document, goods or other property held by Royal Bank of Scotland, or by an agent for or nominee of Royal Bank of Scotland, as a bailee, depositary or custodian shall on and from the appointed day and by virtue of this Ordinance be transferred to the Bank or, as the case may require, be held by such agent or nominee as agent for or nominee of the Bank, and the rights and obligations of Royal Bank of Scotland under any contract of bailment, deposit or custodianship relating to such document, goods or property, or under any other contract or arrangement (whether in writing or not) or deed or other instrument or document regulating custody or possession of the same, shall by virtue of this Ordinance be transferred on the appointed day to the Bank; (e) any negotiable instrument or order for payment of money, whether drawn, given, accepted or endorsed before, on or after the appointed day, which is expressed to be drawn on, or given to, or accepted or endorsed by, Royal Bank of Scotland, or payable at any place of business of Royal Bank of Scotland, shall have the same effect on and from the appointed day (or, if it be later, the date upon which it is drawn, given, accepted or endorsed) as if it had been drawn on, or given to, or accepted or endorsed by the Bank, or payable at the same place of business of the Bank.(2) Any reference in paragraph (c) of subsection (1) to securities held by or in favour of Royal Bank of Scotland shall be construed as including a reference to securities held by an agent or trustee for, or a nominee of, Royal Bank of Scotland and any reference in that paragraph to securities held by or in favour of Royal Bank of Scotland being, on and from the appointed day, held by or in favour of the Bank shall be construed as including a reference to securities which are held by an agent or trustee for, or a nominee of, Royal Bank of Scotland being, on and from the appointed day, held by such agent, trustee or nominee as agent or trustee for, or nominee of, the Bank. |
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