✨ Stock Exchange Rules
Claim for delivery of documents.
- When a buyer shall claim delivery of documents after
the expiration of six weeks from the date of purchase, and
the seller shall not have cancelled the sale or sold at the
buyer's risk as provided in Rule 90, it shall not be incumbent
upon the seller to deliver unless some special agreement in
writing has been previously made between the buyer and the
seller in respect of such delay.
Refusal to register a transfer not to invalidate sale.
- The refusal of the board of directors of any company
to register a transfer shall not invalidate a sale.
Separate transfers and scrip to be delivered for each sale. Scrip to
accompany transfers.
- Sellers shall deliver separate transfers and scrip representing a sufficient number of shares sold in each sale if
required to do so. Buyers requiring scrip must have transfers delivered with scrip attached or a memorandum equivalent to such scrip certified to by the company. A seller of
shares in London companies, having a colonial register, shall
deliver scrip on the colonial register, unless otherwise arranged
at time of sale. The selling broker shall be responsible for
a period of seven clear days from date of delivery for the
validity of all documents delivered, and for the shares being
free from all liability due or payable at the time of sale.
Sellers may demand buyer’s name for insertion in transfer.
- Sellers shall have the right to demand from the buyer,
prior to delivery, a name for insertion in the transfer of
investment shares. Failing the buyer complying with such
demand within three clear days from date of sale, the seller
may insert the name of the buying broker.
Buyers may refuse transfers with alterations in them.
- A member shall not be bound to accept delivery of a
transfer signed by a transferee and his signature cancelled,
or filled in with a transferee’s name and the name cancelled.
Transfers signed under power of attorney.
- Buyers shall have the option of refusing all transfers
or scrip signed under power of attorney or per procuration,
unless the signature thereto be certified as correct by the
Secretary of the company, or the documents be accompanied
by a valid power of attorney.
Broker's stamp.
- No member shall print or affix his name stamp on any
transfer or scrip delivered to another broker.
Sales for forward delivery.
- In all forward contracts for shares or stocks, except
where it is otherwise specifically agreed in writing between
the parties at the time of sale, there shall be implied the
following conditions: The seller may at any time and from
time to time, whenever the market price of the shares or
stock is less than the amount for the time being owing under
the contract, and the buyer may at any time and from time
to time whenever the market price of the shares or stock
exceeds the amount for the time being owing under the
contract, by application or notice to the other in writing, require
that the contract be kept to the market price by payment
to the Secretary of the Exchange of the difference between
the contract price and the market price. Notification of
such application or notice shall be forthwith lodged with the
Secretary. Any written notice may be served or application
made by delivering the same to the other party personally,
or by leaving the same at his registered address, and shall
be deemed to be duly served or made when so delivered or
left as aforesaid. No such application shall be made or notice
served on Saturdays or Exchange holidays, or after 1 o'clock
in the afternoon of any week-day. Whenever any such application shall have been made, or any such notice shall have
been duly served as aforesaid, the person to whom such application shall have been made, or upon whom such notice shall
have been served, shall, before 2.30 p.m. on the same day,
pay to the Secretary of the Exchange a sum equal to the
difference between the market price of the shares or stock at
the time of such application or service, and the amount then
owing under the contract; such payments to be made in
cash or marked cheque if so demanded. The amount so paid
in shall be held by the Secretary upon and subject to the
following trusts and conditions, viz.:-
(1.) If the amount has been paid by the seller, and before
the date fixed for completion of the contract the
market price of the shares or stock falls to the contract price, then such amount shall be repaid to the
seller if demanded.
(2.) If the amount has been paid by the buyer, and before
the date fixed for completion the market price of
the shares or stock rises to the contract price, then
such amount shall be repaid to the buyer if demanded.
(3.) The said amount shall in any case be repaid to the
party paying same, at the written request of the
other party.
(4.) The said amount shall be repaid to the party paying
same on the Secretary being satisfied that the contract has been completed.
(5.) If the party who has paid such amount shall fail to
complete the contract, then the said amount shall
be applied in the first place in paying to the other
party the amount which the defaulting party is
liable to pay to him as hereinafter provided, and
the balance (if any) shall be applied firstly in paying
the brokerage payable to the Chairman, as herein-
after mentioned, and, secondly, towards the payment of any fine or fines inflicted upon the defaulter.
Provided always that the seller may, in lieu of paying to
the Secretary of the Exchange the difference between the
market price and the amount owing under the contract,
deposit the shares or stock in manner hereinafter mentioned.
When any shares or stock are deposited under the provisions
of this rule, such shares or stock shall be deposited with the
Secretary of the Stock Exchange, or with such other person
or persons as may be mutually agreed upon by the parties,
to be held by the Secretary or other person or persons, pending
the due completion of the contract. On payment of the
amount payable under the contract, the shares or stock shall
be delivered to the buyer, but if the buyer shall make default
in such payment such shares or stock shall be returned to
the seller.
In this rule, unless otherwise expressed, the “market price”
shall mean the market price of the shares or stock at the time
when application is made, or the notice is served as aforesaid,
as the case may be. All disputes as to the market price shall
be decided by reference to the Chairman of the Exchange, or,
in his absence, to any member of the Committee who may be
available and mutually agreed upon, whose decision shall be
final, conclusive, and binding on all parties.
If default shall be made by the buyer in complying in
manner aforesaid with any such application or notice as
aforesaid, or in completing the purchase at the time fixed
by the contract, the seller may in either or any such case
forthwith at his option either cancel the contract or sell out
the shares or stock through the Chairman, and the purchaser
shall forthwith pay to the seller the difference between the
contract price and the net proceeds from the sale.
If default shall be made by the seller in complying with
any such application or notice as aforesaid, or in completing
the purchase at the time fixed by the contract, the buyer
may, in either or any such case, forthwith at his option,
either cancel the contract or buy at the risk of the seller
through the Chairman, and the seller shall forthwith pay to
the buyer the difference between the contract price and the
gross amount paid by the buyer. The Chairman shall charge
the usual rates of brokerage on all such sales as aforesaid,
the amount in each case to be paid by the defaulting party.
Dividends.
Dividends.
- Transactions in shares shall be with dividend until the
day the dividend is payable. When transfers are delivered
subsequent to the declaration of a dividend, but prior to the
closing of the books of the company and in sufficient time
for the registration of the shares, the seller shall not be
responsible for the dividend, and the buyer’s claim shall be
only upon the registered holder; but when no reasonable
time is afforded to the buyer to register the shares in his
own name, then the seller shall be responsible for the dividends.
Dividends on time-bargains and options.
- Dividends payable between the date of sale and the
maturity of time-bargains shall accrue to the buyer, and shall
be accounted for at the time of settlement of the bargain.
Interest on debentures and funded stock.
- Accrued interest on debentures up to and including
the day of sale, in addition to the price, shall belong to the
seller.
Calls.
Calls due to be paid by seller before delivery.
- All calls made prior to time of sale shall be paid by
the seller before delivery. Calls made between the date of
sale and maturity of time-bargains shall be paid by the buyer
to the seller at the time of settlement of bargain.
Time-Bargains.
Date for completion of time-bargains.
- Unless otherwise agreed, neither party to a time-
bargain shall be entitled to call upon the other party to
complete until the day fixed for completion.
Time-bargains fixed for completion on Sundays or holidays.
- Time-bargains, the day for completion of which shall
fall on a Sunday or Exchange holiday, shall not be completed
until the business day next following.
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1925, No 40
NZLII —
NZ Gazette 1925, No 40
✨ LLM interpretation of page content
🏭
Approval of Rules of the Christchurch Stock Exchange
(continued from previous page)
🏭 Trade, Customs & Industry18 May 1925
Stock Exchange, Rules, Christchurch, Sharebrokers, Regulations