✨ Auckland Stock Exchange Rules
Oct. 21.] THE NEW ZEALAND GAZETTE. 2637
the membership of the late ] in the Auckland Stock Exchange to , of , for the sum of £ , and that it is my [or our] intention to propose [or have proposed] the said for membership in my stead [or the stead of the said ].
I am, &c.,
Form of notice of purchase of membership.
SIR,—Referring to the above notice, I, the said , have purchased the above membership for the sum of £ , and am desirous of being admitted a member of the Auckland Stock Exchange, upon the terms of, and under, and subject in all respects to its rules and regulations which now are or hereafter may be for the time being in force.
I have read the rules as at this date, and am willing to sign them when called upon to do so.
Enclosed I beg to hand you cheque for £ , being amount of entrance fee payable by me.
I am, &c.,
Entrance fee of members by purchase.
- On transfer of a membership, 10 per cent. of the gross sum which the transferee shall have paid or agreed to pay for the said membership shall be paid to the Exchange as the entrance fee of the said transferee; but in no case shall the amount of the fee be less than £20, and the transferee shall not be eligible for election until the said fee be paid. In the event of his rejection the said fee so paid shall be returned to him. The Committee may require from any or all of the parties concerned such evidence as they may deem necessary as to the price paid for the membership, and may further require, if they think fit, the whole of the consideration-money to be passed through the hands of the Treasurer.
All claims against members to be paid before election of nominee.
- The election of any candidate for admission to membership by virtue of his purchase of a membership from a member, or the executors or administrators of a deceased member, shall not be proceeded with until all claims which the Exchange or any member or members thereof may, under these rules, have or have had against the said member or deceased member shall have been satisfied.
Committee may sell membership of a late member who is indebted to Exchange or any member of it.
- At any time after the resignation, retirement, or death of any member who is indebted to the Exchange, or to any member or members thereof, the Committee may sell and transfer the membership of the said late member, subject to the purchaser being duly elected. The Committee shall apply the proceeds in the first place in payment of the amount due to the Exchange for the purchaser’s transfer fee, and of any subscription, fine, or other liability owing by the late member; in the second place, in payment of the claims or the indemnification of any member or members who may at the time of such resignation, retirement, or death be creditors of the said member; and, lastly, in payment of the balance, if any, to the resigning or retiring member, or the executors or administrators of the deceased member, as the case may be.
Committee’s power of transfer to supersede all other rights of transfer.
The exercise by the Committee of the power contained in this rule shall supersede all other rights of transfer of membership.
FORFEITURE AND DISPOSAL OF INTEREST IN MEMBERSHIP.
A member expelled to forfeit membership, which Committee may sell and transfer.
- Any member expelled from the Exchange shall forfeit to the Exchange all interest in his membership, and the Committee may at their discretion sell and transfer such forfeited membership, subject to the purchaser being duly elected.
The Committee shall apply the proceeds in the first place in payment of the amount due to the Exchange for the purchaser’s transfer fee, and of any subscription, fine, or other liability owing by the late member; in the second place, in payment of the claims or the indemnification of any member or members who may at the time of such expulsion be creditors of the said member, and the balance, if any, shall be disposed of as provided by Rule 50.
D
Form of application for admission on purchase of membership from Committee.
- On the sale of a membership under Rule 50 or 51 the purchaser shall apply for admission in the following form :—
Auckland, , 19 .
To the Secretary of the Auckland Stock Exchange.
SIR,—Having purchased from the Committee of the Auckland Stock Exchange the membership of for the sum of £ , I am desirous of being admitted a member of the Auckland Stock Exchange, upon the terms of, and under, and subject in all respects to its rules and regulations which now are or hereafter may be for the time being in force.
I have read the rules as at this date, and am willing to sign them when called upon to do so.
I am, &c.,
- At the close of each year any surplus funds of the Exchange may, on the recommendation of the Committee and vote of the members of the Exchange, be handed over to the Auckland Stock Exchange.
DECEASED OR EX-MEMBERS HAVE NO CLAIM ON ASSETS.
Deceased or ex-members have no claim on the assets of the Exchange.
- Members who resign or cease to be members from any cause whatever, or the executors or the administrators of any deceased member, shall have no claim on the assets of the Exchange.
DEFAULTERS.
Defaulters, Committee to deal with the, and how.
- The Committee shall have the power to fine, suspend, or recommend the expulsion of any member who shall fail to pay, when due, any debt incurred by him to another member. Should the Committee decide to recommend the member’s expulsion, they shall report accordingly to the members at a special general meeting called for that purpose. It shall be competent for the said special general meeting to confirm the Committee’s recommendation, and expel the member so brought before them, or deal with him by fine or suspension from membership.
A member who becomes insolvent, or assigns his estate for the benefit of or compounds with his creditors, shall ipso facto cease to be a member, although he may not be at the same time a defaulter on the Exchange, but may be reinstated without payment or fee, after he has obtained his discharge from his insolvency or a release from his creditors, by ballot taken in the same manner as provided by Rule 37.
Open transactions of defaulters to be closed at order of Committee.
- The Committee shall have power to order that all open transactions, including time-bargains, between any member unable to meet his engagements and other members shall be closed within a time to be named by the Committee. Such transactions shall be closed accordingly by the Chairman buying or selling in the market on account of the member in default such stocks or shares as he may have contracted to sell or purchase.
Members shall without delay render full statements of account to the Committee.
Accounts of members with a member in default.
- The Committee shall have power to investigate the accounts of members with a member in default, and to reject or require the correction of any items which they may deem unsatisfactory.
Surpluses.
- Members, creditors of a member in default, shall have a preferential claim on all surpluses in the hands of other members resulting on the closing of transactions open at the time of default, and also on all moneys which may become payable to a member in default out of funds in the hands of the Committee from the estate of another member in default. All surpluses in the hands of members resulting on the closing of open transactions with a member in default shall be paid to the Committee.
How to deal with surpluses.
- The Committee shall distribute as soon as possible amongst members, creditors of the member in default, the surpluses received from other members on his account, and all moneys due to him out of funds in the hands of the Committee from the estate of another member in default.
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Auckland Stock Exchange Rules - Governance and Operations
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🏭 Trade, Customs & IndustryStock Exchange Rules, Membership, Committee, Secretary, Treasurer, Chairman, Meetings, Voting, Fines, Quorum, Funds, Entrance Fee, Subscription, Election of Members, Rights and Privileges, Transfer of Membership
NZ Gazette 1909, No 87