【法规名称】
【法规编号】 82301 什么是编号？
【正 文】
第2页 CAP 1136 STANDARD CHARTERED ASIA LIMITED ORDINANCE
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[接上页] Cap 1136 s 6 Trust property (1) Any property vested in SC Asia by virtue of this Ordinance which immediately before the appointed day was held by MBFEL, whether alone or jointly with any other person, as trustee or custodian trustee of any trust deed, settlement, covenant, agreement or other instrument (whether originally so appointed or not, and whether appointed under hand or seal, or by order of any court), 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 SC Asia 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 MBFEL in any such fiduciary capacity, and any provision therein, or any existing contract or arrangement for the payment to, or retention by, MBFEL 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 MBFEL (other than a reference, however worded and whether express or implied, to terms and conditions of or to a scale of fees of MBFEL) there were substituted a reference to SC Asia. Cap 1136 s 7 Supplementary provisions Without prejudice to the generality of the foregoing provisions of this Ordinance but subject to any provision in this Ordinance to the contrary effect, the following provisions shall have effect in relation to property and liabilities vested in SC Asia by virtue of this Ordinance- (a) every existing contract to which MBFEL is a party (whether in writing or not) shall be construed and have effect on and from the appointed day as if- (i) SC Asia had been a party thereto instead of MBFEL; (ii) for any reference (however worded and whether express or implied) to MBFEL there were substituted, as respects anything falling to be done on or after the appointed day, a reference to SC Asia; and (iii) any reference (however worded and whether express or implied) to the directors or to any director, officer, clerk or servant of MBFEL were, as respects anything falling to be done on or after the appointed day, a reference to the directors of SC Asia or, as the case may require, to such director, officer, clerk or servant of SC Asia, as SC Asia may appoint for that purpose or, in default of appointment, to the director, officer, clerk or servant of SC Asia who corresponds as nearly as may be to the first-mentioned director, officer, clerk or servant;(b) sub-paragraphs (ii) and (iii) of paragraph (a) shall apply to any statutory provision and to any provision of any existing contract to which MBFEL was not a party and sub-paragraphs (i), (ii) and (iii) of that paragraph shall apply to any provision of any other existing document (not being a contract) in the same manner as, in any such case, they apply to a contract to which paragraph (a) applies; (c) any account between MBFEL and a customer shall, on and from the appointed day, become an account between SC Asia and the 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 herein shall affect any right of SC Asia or of the 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 given to MBFEL (whether in writing or not and whether or not in relation to an account) shall have effect, on and from the appointed day, as if given to SC Asia; (e) any negotiable instrument or order for payment of money drawn on, or given to, or accepted or endorsed by MBFEL, or payable at any place of business of MBFEL, 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 SC Asia or were payable at the same place of business of SC Asia; (f) the custody of any document, goods or other thing held by MBFEL as bailee shall pass to SC Asia on the appointed day, and the rights and obligations of MBFEL under any contract of bailment relating to any such document, goods or thing shall on the appointed day become rights and obligations of SC Asia; (g) any security held immediately before the appointed day by, or by a nominee of, or trustee for, MBFEL as security for the payment or discharge of any debt or liability (whether existing or future, actual or contingent) shall, on and from the appointed day, be held by, or (as the case may require) by that nominee or trustee as nominee or trustee for, SC Asia and to the extent of that debt or liability be available to SC Asia, as security for the payment or discharge of that debt or liability, and any such security which extends to future advances or liabilities shall, on and from the appointed day, be held by, and be available as aforesaid to, SC Asia as security for future advances by, and future liabilities to, SC Asia in the same manner in all respects as future advances by or liabilities to MBFEL were secured thereby immediately before that day; |
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