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双语:亚洲基础设施投资银行协定(4)

2015-07-10    来源:chinadaily    【      美国外教 在线口语培训

第六条 对认缴股本的支付
Article 6 Payment of Subscriptions


一、依照第五十八条获得成员资格的本协定签署方,其初始认缴股本中实缴股本分五次缴清,每次缴纳百分之二十,本条第五款中特殊规定的除外。第一次缴付应在本协定生效后三十天内完成,或在第五十八条第一款规定的批准书、接受书或核准书递交之日或之前缴付,以后发生者为准。第二次缴付在本协定生效期满一年内完成。其余三次将相继在上一次到期一年内完成。
1. Payment of the amount initially subscribed by each Signatory to this Agreement which becomes a member in accordance with Article 58 to the paid-in capital stock of the Bank shall be made in five (5) installments, of twenty (20) per cent each of such amount, except as provided in paragraph 5 of this Article. The first installment shall be paid by each member within thirty (30) days after entry into force of this Agreement, or on or before the date of deposit on its behalf of its instrument of ratification, acceptance or approval in accordance with paragraph 1 of Article 58, whichever is later. The second installment shall become due one (1) year from the entry into force of this Agreement. The remaining three (3) installments shall become due successively one (1) year from the date on which the preceding installment becomes due.

二、除本条第五款规定之外,对初始认缴中原始实缴股本的每次缴付均应使用美元或其他可兑换货币。银行可随时将此类缴付转换为美元。如若到期未能完成缴付,则相应的实缴和待缴股本所赋予的权利,包括投票权等都将中止,直至银行收到到期股本的缴付。
2. Each installment of the payment of initial subscriptions to the original paid-in capital stock shall be paid in dollars or other convertible currency, except as provided in paragraph 5 of this Article. The Bank may at any time convert such payments into dollars. All rights, including voting rights, acquired in respect of paid-in and associated callable shares for which such payments are due but have not been received shall be suspended until full payment is received by the Bank.

三、银行的待缴股本,仅在银行需偿付债务时方予催缴。成员可选择美元或银行偿债所需货币进行缴付。在催缴待缴股本时,所有待缴股份的催缴比例应一致。
3. Payment of the amount subscribed to the callable capital stock of the Bank shall be subject to call only as and when required by the Bank to meet its liabilities. In the event of such a call, payment may be made at the option of the member in dollars or in the currency required to discharge the obligations of the Bank for the purpose of which the call is made. Calls on unpaid subscriptions shall be uniform in percentage on all callable shares.

四、本条提及的各种缴付的地点由银行决定,但在理事会举行首次会议之前,本条第一款所指的首次付款应支付给银行的托管方,即中华人民共和国政府。
4. The Bank shall determine the place for any payment under this Article, provided that, until the inaugural meeting of the Board of Governors, the payment of the first installment referred to in paragraph 1 of this Article shall be made to the Government of the People’s Republic of China, as Trustee for the Bank.

五、就本款而言,被认定为欠发达国家的成员在缴付本条第一款和第二款所规定的股本时可选择以下任一方式完成,即:
5. A member considered as a less developed country for purposes of this paragraph may pay its subscription under paragraphs 1 and 2 of this Article, as an alternative, either:

(一) 可全部使用美元或其他可兑换货币,最多分十次缴付,每次缴付金额相当于总额的百分之十,第一次和第二次缴付的到期日参照第一款规定,第三次至第十次的缴付应在本协定生效两年内及之后每满一年内相继完成;或者
(a) entirely in dollars or other convertible currency in up to ten (10) installments, with each such installment equal to ten (10) percent of the total amount, the first and second installments due as provided in paragraph 1, and the third through tenth installments due on the second and subsequent anniversary dates of the entry into force of this Agreement; or

(二) 每次缴付中,成员可在部分使用美元或其他可兑换货币的同时,使用本币完成其中不超过百分之五十的缴付,并按照本条第一款规定的时间完成每次缴付,同时此类缴付应符合以下规定:
(b) with a portion in dollars or other convertible currency and a portion of up to fifty (50) per cent of each installment in the currency of the member, following the schedule of installments provided in paragraph 1 of this Article. The following provisions shall apply to payments under this sub-paragraph (b):

1、成员应在本条第一款规定的缴付时间向银行说明其将用本币缴付的金额比例;
(i) The member shall advise the Bank at the time of subscription under paragraph 1 of this Article of the proportion of payments to be made in its own currency.

2、依照本条第五款规定完成的每次本币缴付金额应由银行按照与美元完全等值的金额计算。首次缴付时成员可自行确定应缴付金额,但银行可在付款到期日前九十天内做出适当调整,以使所缴付金额与按美元计算的金额完全等值。
(ii) Each payment of a member in its own currency under this paragraph 5 shall be in such amount as the Bank determines to be equivalent to the full value in terms of dollars of the portion of the subscription being paid. The initial payment shall be in such amount as the member considers appropriate hereunder but shall be subject to such adjustment, to be effected within ninety (90) days of the date on which such payment was due, as the Bank shall determine to be necessary to constitute the full dollar equivalent of such payment.

3、无论何时,只要银行认为一个成员的货币已大幅贬值,该成员应在一段合理期限内向银行缴付额外的本币金额,以确保银行账面持有的该成员以本币认缴股本的价值不变。
(iii) Whenever in the opinion of the Bank, the foreign exchange value of a member's currency has depreciated to a significant extent, that member shall pay to the Bank within a reasonable time an additional amount of its currency required to maintain 6 the value of all such currency held by the Bank on account of its subscription.

4、无论何时,只要银行认为一个成员的货币已大幅升值,银行应在一段合理期限内向该成员退付一定数量的本币金额,以调整银行账面持有的该成员以本币认缴股本的价值。
(iv) Whenever in the opinion of the Bank, the foreign exchange value of a member's currency has appreciated to a significant extent, the Bank shall pay to that member within a reasonable time an amount of that currency required to adjust the value of all such currency held by the Bank on account of its subscription.

5、银行可放弃本项第3目赋予的偿付权利,成员可放弃本项第4目赋予的偿付权利。
(v) The Bank may waive its rights to payment under sub-paragraph (iii) and the member may waive its rights to payment under sub-paragraph (iv).

六、银行接受任何成员使用该成员政府或其指定的存托机构所发行的本票或其他债券缴付该成员依照本条第五款第(二)项规定的以本币缴付金额,前提是银行在经营中不需要使用上述金额的成员货币。上述本票或债券应为不可转让、无息并可应银行要求按面值见票即付。
6. The Bank shall accept from any member paying its subscription under sub-paragraph 5 (b) of this Article promissory notes or other obligations issued by the Government of the member, or by the depository designated by such member, in lieu of the amount to be paid in the currency of the member, provided such amount is not required by the Bank for the conduct of its operations. Such notes or obligations shall be non-negotiable, non-interest-bearing, and payable to the Bank at par value upon demand.



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