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Article 49 Overeenkomst tot oprichting van de Afrikaanse Ontwikkelingsbank, gedaan te Khartoem op 4 augustus 1963, zoals gewijzigd bij Resolutie 05-79 aangenomen door de Raad van Bestuur op 17 mei 1979

WITHDRAWAL AND SUSPENSION OF MEMBERS; TEMPORARY SUSPENSION AND TERMINATION OF OPERATIONS OF THE BANK

1 In the event of termination of operations of the Bank, no distribution shall be made to members on account of their subscriptions to the capital stock of the Bank until:

i. All liabilities to creditors have been discharged or provided for; and

ii. The Board of Governors has taken a decision to make a distribution. This decision shall be taken by the Board exercising a majority of the total voting power of the members, including a majority of the total voting power of the regional members.

2 After a decision to make a distribution has been taken in accordance with the preceding paragraph, the Board of Directors may decide to make successive distributions of the assets of the Bank to members until all assets have been distributed. This distribution shall be subject to the prior settlement of all outstanding claims of the Bank against each member.

3 Before any distribution of assets is made, the Board of Directors shall fix the proportionate share of each member according to the ratio of its shareholding to the total outstanding shares of the Bank.

4 The Board of Directors shall value the assets to be distributed at the date of distribution and then proceed to distribute in the following manner:

a. There shall be paid to each member in its own obligations or those of its official agencies or legal entities within its territories, to the extent that they are available for distribution, an amount equivalent in value to its proportionate share of the total amount to be distributed.

b. Any balance due to a member after payment has been made in accordance with the preceding subparagraph shall be paid in its currency, to the extent that it is held by the Bank, upto an amount equivalent in value to such balance.

c. Any balance due to a member after payment has been made in accordance with sub-paragraphs a. and b. of this paragraph shall be paid in gold or currency acceptable to that member, to the extent that they are held by the Bank, upto an amount equivalent in value to such balance.

d. Any remaining assets held by the Bank after payments have been made to members in accordance with sub-paragraphs a. to c. of this paragraph shall be distributed pro rata among the members.

5 Any member receiving assets distributed by the Bank in accordance with the preceding paragraph shall enjoy the same rights with respect to such assets as the Bank enjoyed before their distribution.

Regeling
Overeenkomst tot oprichting van de Afrikaanse Ontwikkelingsbank, gedaan te Khartoem op 4 augustus 1963, zoals gewijzigd bij Resolutie 05-79 aangenomen door de Raad van Bestuur op 17 mei 1979
Soort
Verdrag
Geldend vanaf
05-07-2002
BWB-id
BWBV0004446
Versie
2002-07-05_0

In de hele regeling · Officiële tekst op wetten.overheid.nl