二) 开户银行与设保人和有担保债权人订立了控制权协议,并以经认证的记录为证,根据该协议,开户银行同意在银行账户贷记款的支付方面遵照有担保债权人的指示而无需设保人另行同意;或

ii) If the depositary bank has concluded a control agreement evidenced by an authenticated record with the grantor and the secured creditor, according to which the depositary bank has agreed to follow instructions from the secured creditor with respect to the payment of funds credited to the bank account without further consent of the grantor; or

MultiUn

她说,即使对一些常驻代表团而言,其开户银行设在纽约这一点至关重要,但设在哥伦比亚特区华盛顿的华盛顿第一银行也是一个可行的选择,因为它可以提供各种服务,如支票账户、电子银行、借记卡和自动取款机服务。

She stated that, even though for some Permanent Missions having a bank in New York was of critical importance, Washington First Bank, located in Washington, D.C., was a viable option, as it could provide services such as checking accounts, electronic banking, debit cards and automated teller machine (ATM) service.

UN-2

无形资产上的担保权通常涉及第三方,如应收款债务人、可转让票据下的承付人、开户银行、独立保证下的担保人/签发人、保兑人或被指名人,或可转让单证的签发人。

Security rights in intangible assets generally involve third parties such as, for example, the debtor of a receivable, an obligor under a negotiable instrument, the depositary bank, the guarantor/issuer, confirmer or nominated person in an independent undertaking or the issuer of a negotiable document.

UN-2

第4款意在保护开户银行免于承担未经法院或其他主管机关决定而虽不同意但仍然不得不支付的义务。

Paragraph 4 is intended to protect a depositary bank from the obligation of having to pay against its consent without a decision by a court or other authority.

UN-2

一般认为建议中应包含两种选择办法,一种是管辖账户协议的法律,另一种是与银行账户关系最密切的开户银行的所在地法律。

It was agreed that the recommendation should contain two alternatives, the law governing the account agreement and the law of the location of the depositary bank which had the closest connection to the bank account

MultiUn

如果实行不同的规则,则开户银行将会不愿意订立任何控制权协议,而在任何情况下,有担保债权人都可在决定发放贷款之前从银行取得排位居次协议。

If a different rule were adopted, depositary banks would be reluctant to enter into any control agreements and, in any case, a secured creditor could obtain a subordination agreement from the bank before deciding to extend credit.

UN-2

法律应当规定,对于银行账户贷记款受付权上担保权的设定、第三人效力、优先权及其强制执行,以及开户银行对此种担保权的权利和义务,所适用的法律是

The law should provide that the law applicable to the creation, third-party effectiveness, priority and enforcement of a security right in a right to payment of funds credited to a bank account, as well as rights and duties of the depositary bank with respect to the security right, is

MultiUn

[工作组注意:工作组似宜注意到,评注将解释,建议120和121由建议92和93作为补充(在发生开户银行的担保权或抵销权与另一人的担保权之间的优先权冲突情况下),并由建议165-167作为补充(对银行账户贷记款受付权上的担保权的强制执行)。

[Note to the Working Group: The Working Group may wish to note that the commentary will explain that recommendations 120 and 121 are supplemented by recommendations 92 and 93 (to the extent that there is a priority conflict between a security right or right of set-off of the depositary bank and a security right of another person), as well as recommendations 165-167 (enforcement of a security right in a right to payment of funds credited to a bank account).

UN-2

开户银行系有担保债权人的,设定担保权时自动拥有;

Automatically upon the creation of a security right if the depositary bank is the secured creditor;

UN-2

开户银行与设保人和有担保债权人订立了控制权协议,并以经认证的记录为证,根据该协议,开户银行同意在银行账户贷记款的支付方面遵照有担保债权人的指示而无需设保人另行同意;或

If the depositary bank has concluded a control agreement evidenced by an authenticated record with the grantor and the secured creditor, according to which the depositary bank has agreed to follow instructions from the secured creditor with respect to the payment of funds credited to the bank account without further consent of the grantor; or

UN-2

伊拉克主张共同进行与实施谅解备忘录有关的银行业务活动,目的在于按照健全的专业银行业务做法和下述理念来利用其资金:开户银行的银行业务活动应当同其他银行分摊进行,以使伊拉克不丧失其资源方面的权利,也不担负不公平的费用。

Iraq’s goal in advocating the sharing of the banking activities relating to the memorandum of understanding is to utilize its funds in accordance with professionally sound banking practices and the notion that the banking activities performed by the bank holding the account should be divided between it and others so that none of Iraq’s rights with respect to its resources are forfeited and the country is not burdened with unfair costs.

UN-2

在一些国家中,银行账户贷记款受付权上的担保权取得对抗第三方效力的办法是在公共登记处登记通知或由开户银行确认,该通知或确认可能会也可能不会规定开户银行有义务按照有担保债权人的指示处理账户中的资金。

In States in which the security right in a right to payment of funds credited to a bank account is made effective against third parties by registration of a notice in a public registry or by acknowledgment on the part of the depositary bank, the notice or acknowledgement may or may not impose duties on the depositary bank to follow instructions from the secured creditor as to the funds in the account.

UN-2

证券 公司 的 证券 自营 账户, 应当 自 开户 之日 起 三个 交易日 内 报 证券 交易所 备案

Self-run securities accounts of the securities firm should be submitted to the stock exchange for filing within # trading days of account opening

SPC

开户银行以其有担保债权人的身份不能享有任何特殊的优先地位(尽管根据其他法律这种银行一般都有权就排序优先的有担保债权人提出的付款要求,抵销它对设保人提出的任何债务,而且这通常意味着它拥有事实上的优先权)。

The depositary bank does not enjoy any special priority status in its capacity as a secured creditor (although it typically has a right under other law to set off any claims it has against the grantor against a demand for payment by a prior ranking secured creditor and this normally means that it has a de facto priority).

UN-2

法律应当规定,即使设保人与开户银行之间订有协议,以任何方式限制设保人的权利,规定其不得在其银行账户贷记款受付权上设定担保权,银行账户贷记款受付权上的担保权也依然有效。

The law should provide that a security right in a right to payment of funds credited to a bank account is effective notwithstanding an agreement between the grantor and the depositary bank limiting in any way the grantor’s right to create such a security right.

UN-2

但是,记得突尼斯关于安全理事会第 # 号决议执行情况的报告曾解释说,接受这些存款的帐户已经有开户人的所有资料,无论其为自然人还是法人。

It should, however, be recalled in this regard, as was explained in Tunisia's report on the implementation of Security Council resolution # that the accounts that will receive these deposits already comprise all data concerning the holders, whether they be natural persons or artificial persons

MultiUn

开户银行与一个以上有担保债权人订立控制权协议的,这些有担保债权人之间的优先顺序按订立控制权协议的先后顺序确定。

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

MultiUn

只需在首次交易或开户时出具文件副本。

Copies of the documents shall be required only at the time of the first transaction or when accounts are opened.

UN-2

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 choosing the customers with which it agrees to enter into transactions.

UN-2

第四种冲突是银行账户贷记款受付权上的担保权和开户银行对设保人客户可能享有的任何抵销权之间的冲突。

A fourth type of conflict is one between a security right in a right to payment of funds credited to a bank account and any rights of set-off the depositary bank might have against the grantor-client

MultiUn

一些国家规定,新义务或义务变更须经开户银行同意。 这些国家的经验表明,当事人通常能够通过谈判作出满意的安排,从而使开户银行能够放心地根据交易性质和银行客户对所涉及的风险进行管理。

The experience in those States where the depositary bank's consent to new or changed duties is required suggests that the parties are often able to negotiate satisfactory arrangements so that the depositary bank is comfortable that it is managing the risks involved given the nature of the transaction and the bank's customer

MultiUn

小组还获知,ABSA通过它的子公司AllPay,在10个没有银行的省,使约两百万人能够不必去支行就可以开户,并通过移动自动取款机在遥远的地方取钱。

The Team also learned that ABSA, through its subsidiary AllPay, enables some two million people in 10 provinces where the bank has no presence to open and service accounts without having to go to a branch, and to access their money remotely through mobile automated teller machines.

UN-2

至于取得了该账户资金受付权上担保的有担保债权人和受让人,本指南建议为通过控制取得第三方效力的有担保债权人提供优先权,并为开户银行的抵消权提供优先权(见A/CN.9/631,建议101至102)。

As for secured creditors and assignees that take security in the right to payment of the funds in the account, the Guide recommends that priority be given to a secured creditor that achieves third-party effectiveness by control and to the depository bank’s right of set off (see A/CN.9/631, recommendations 101-102).

UN-2

虽然控制权协议的效果是,让担保权具有对抗第三方的效力(见下文第16条),但其目的是确保,开户银行或发行人合作执行担保权。

While the effect of a control agreement is to render a security right effective against third parties (see art. 16), its purpose is to ensure the cooperation of the depositary bank or the issuer in the enforcement of a security right.

UN-2

另据称,银行保密也不是一个问题,因为贷入人已准备将银行账户协议副本交给资金贷出人,以便在这些协议的基础上获得信贷,而且资金贷出人往往还经开户银行的同意而获得一项控制权协议。

It was also said that bank secrecy was not an issue since borrowers were prepared to give lenders copies of the bank account agreements so as to obtain credit on the basis of those agreements, and often lenders would obtain a control agreement with the consent of the depositary bank