Vorlage
Vernehmlassung 2015/68: Beitritt der Schweiz zur Asiatischen Infrastruktur-Investitionsbank · 35 Seiten
Fedlex · Vorlage · Seite 24Fedlex · Vorlage
2. Any distribution of the assets of the Bank to the members shall be in proportion to the capital stock held by each member and shall be effected at such times and under such conditions as the Bank shall deem fair and equitable. The shares of assets distributed need not be uniform as to type of asset. No member shall be entitled to receive its share in such a distribution of assets until it has settled all of its obligations to the Bank.
3. Any member receiving assets distributed pursuant to this Article shall enjoy the same rights with respect to such assets as the Bank enjoyed prior to their distribution.
CHAPTER IX STATUS, IMMUNITIES, PRIVILEGES AND EXEMPTIONS Article 44 Purposes of Chapter
1. To enable the Bank to fulfill its purpose and carry out the functions entrusted to it, the status, immunities, privileges and exemptions set forth in this Chapter shall be accorded to the Bank in the territory of each member.
2. Each member shall promptly take such action as is necessary to make effective in its own territory the provisions set forth in this Chapter and shall inform the Bank of the action which it has taken.
Article 45 Status of the Bank
The Bank shall possess full juridical personality and, in particular, the full legal capacity:
(i) to contract;
(ii) to acquire, and dispose of, immovable and movable property;
(iii) to institute and respond to legal proceedings; and
(iv) to take such other action as may be necessary or useful for its purpose and
activities.
Article 46 Immunity from Judicial Proceedings
1. The Bank shall enjoy immunity from every form of legal process, except in cases arising out of or in connection with the exercise of its powers to raise funds, through borrowings or other means, to guarantee obligations, or to buy and sell or underwrite the sale of securities, in which cases actions may be brought against the Bank only in a court of competent jurisdiction in the territory of a country in which the Bank has an office, or has appointed an agent for the purpose of accepting service or notice of process, or has issued or guaranteed securities.
2. Notwithstanding the provisions of paragraph 1 of this Article, no action shall be brought against the Bank by any member, or by any agency or instrumentality of a member, or by any entity or person directly or indirectly