Article 95. Rights and obligations of the depositary bank.
此外,该段称,开户银行通常凭借其享有的抵销权而在争夺优先权的竞争中获胜。
Moreover, the paragraph stated that the depositary bank would generally win a priority contest by virtue of its right of set-off.
开户银行系有担保债权人的,设定担保权时自动拥有;.
(i) Automatically upon the creation of a security right if the depositary bank is the secured creditor;
如果有担保债权人是开户银行,控制权(和第三方效力)是自动的。
If the secured creditor is the depositary bank, control(and third-party effectiveness) is automatic.
最后,开户银行在选择客户并同意与之进行交易时还须承担信誉风险。
Finally, the depositary bank is subject to reputational risk in choosingthe customers with which it agrees to enter into transactions.
法律应当规定,如账户开户人和开户银行约定适用一个多领土单位国家某一特定领土单位的法律,则:.
The law should provide that, if the account holder and the depositary bank have agreed on the law of a specified territorial unit of a multi-unit State:.
在许多情况下,有担保债权人实际上是开户银行本身。
In many cases, the secured creditor will, in fact,be the depositary bank itself.
还有一种优先权冲突发生在有担保债权人是开户银行本身的情况下。
Yet another type of priority conflictis where one of the secured creditors is the depositary bank itself.
不过,有与会者说,可通过设保人和开户银行之间的协议达到上述结果。
However, it was observed that that result couldbe achieved by way of an agreement between the grantor and the depositary bank.
自动控制权概念加上赋予开户银行的优先权消除了这一风险和不确定性根源。
The concept of automatic control, combined with the priority awarded to the depositary bank, eliminates this source of risk and uncertainty.
说明7-4:通常,欺诈者会利用多层次的商业实体进行多次的资金转移和/或频繁变换开户银行。
Illustration 7-4: Frequently, fraudsters use multiple layers of business entities to conduct multipletransfers of funds and/or frequent changes of depositary banks.
还有一种优先权冲突发生在有担保债权人是开户银行的情况下。
Yet another type of priority conflictis where one of the secured creditors is the depositary bank itself.
为了避免影响银行和客户之间的关系,关于抵销的法律通常赋予开户银行的抵销权以优先权。
To avoid undermining the bank-client relationship,the law of set-off generally gives priority to the depositary bank' s rights of set-off.
在许多情况下,有担保债权人实际上就是开户银行本身。
In many cases, the secured creditor will, in fact,be the depositary bank itself.
第一种办法据称确保了透明度,并使设保人能够无须征得开户银行同意而设定担保权。
The first approach was described as ensuring transparency andpermitting the grantor to create a security right without obtaining the consent of the depositary bank.
由于补助金以银行转帐的形式用美元支付,所以,申请组织的开户银行应能接受境外的美元付款。
As grants are paid by bank transfers in U.S. dollars, the organization's bank account should be able to receive payments from abroad in that currency.
另一则建议是,应当把第3款前导句修订为:"本法律概不规定开户银行有义务"。
Another suggestion was that the chapeau of paragraph 3 shouldbe revised to state:" Nothing in this law obligates the depositary bank".
If a depositary bank concludes control agreements with more than one secured creditor, priority among those secured creditors is determined according to the order in which the control agreements are concluded.
开户银行缔结了不止一份控制权协议的,在这些有担保债权人中,按照缔结控制权协议的顺序来决定优先权。
If a depositary bank has concluded more than one control agreement, among those secured creditors, priority is determined according to the order in which the control agreements were concluded.
It was also stated that, unlike debtors of trade receivables, depositary banks were involved in different kinds of practices subject to regulatory law that justified different treatment.
In addition, the depositary bank is typically subject to regulatory risk under laws and regulations of the State designed to ensure the safety and soundness of the depositary bank.
The law should provide that, if the account holder and the depositary bank have chosen the law of a specified territorial unit of a multi-unit State as the law applicable to the account agreement:.
To avoid undermining the bank-client relationship,secured transactions laws give priority to the depositary bank' s rights of set-off(see A/CN.9/631, recommendation 102).
(b)开户银行的抵销权不会受损于开户银行可能在银行账户贷记款受付权上享有的任何担保权。
(b) The rights of set-off of the depositary bank are not impaired by reason of any security right that the depositary bank may have in a right to payment of funds credited to a bank account.
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