《亚洲基础设施投资银行协定》全文（双语）

第八章 银行业务中止与终止
CHAPTER VIII SUSPENSION AND TERMINATION OF OPERATIONS OF THE BANK

第四十条 业务暂时中止
Article 40 Temporary Suspension of Operations

在紧急情况下，董事会在等待理事会做出进一步考虑和采取进一步行动之前，可暂停发放新的贷款、担保、股权投资和依照第十一条第二款第（六）项开展的其他形式的融资业务。
In an emergency, the Board of Directors may temporarily suspend operations in respect of new loans, guarantees, equity investment and other forms of financing under sub-paragraph 2 (vi) of Article 11, pending an opportunity for further consideration and action by the Board of Governors.

第四十一条 业务终止
Article 41 Termination of Operations

一、依照第二十八条规定，经理事会超级多数投票通过决议，银行可终止银行业务。
1. The Bank may terminate its operations by a resolution of the Board of Governors approved by a Super Majority vote as provided in Article 28.

二、业务终止后，除有序变卖、保护和保存资产以及清偿债务相关的活动外，银行应立即停止一切活动。
2. After such termination, the Bank shall forthwith cease all activities, except those incident to the orderly realization, conservation and preservation of its assets and settlement of its obligations.

第四十二条 成员债务与债权支付
Article 42 Liability of Members and Payments of Claims

一、银行终止业务后，所有成员应继续承担对银行待缴股本的认缴责任以及因成员货币贬值导致的债务，直至债权人的所有债权，包括或有债权，都已全部清偿为止。
1. In the event of termination of the operation of the Bank, the liability of all members for uncalled subscriptions to the capital stock of the Bank and in respect of the depreciation of their currencies shall continue until all claims of creditors, including all contingent claims, shall have been discharged.

二、持有直接债权的所有债权人应首先从银行资产中得到偿付，然后从银行应收款项或未缴及待缴股本金中偿付。在对持有直接债权的债权人进行任何偿付之前，董事会应根据自身判断做出必要的安排，确保所有直接债权和或有债权持有人按比例得到偿付。
2. All creditors holding direct claims shall first be paid out of the assets of the Bank and then out of payments to the Bank or unpaid or callable subscriptions. Before making any payments to creditors holding direct claims, the Board of Directors shall make such arrangements as are necessary, in its judgment, to ensure a pro rata distribution among holders of direct and contingent claims.

第四十三条 资产分配
Article 43 Distribution of Assets

一、基于各成员认缴的银行股本分配资产，必须：
1. No distribution of assets shall be made to members on account of their subscriptions to the capital stock of the Bank until:

（一）在对债权人的所有负债清偿完毕或做出安排之后方可进行；并且
(i) all liabilities to creditors have been discharged or provided for; and

（二）理事会依照第二十八条规定，经超级多数投票通过，决定进行上述分配。
(ii) the Board of Governors has decided, by a Super Majority vote as provided in Article 28, to make such distribution.

二、银行向成员分配资产，应与各成员持有的股本成比例，并应在银行认为公正平等的时间和条件下生效。各种资产类型间的分配比例不必一致。任何成员在结清对银行的所有债务之前，无权获得资产分配。
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.

三、任何成员依照本条获得资产分配时，其对所分配资产享有的权利，应与分配前银行对这些资产享有的权利相同。
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.