✨ Loan Conversion Order
MAY 4.] THE NEW ZEALAND GAZETTE. 1287
(2) The holder of any existing securities bearing interest at a rate which, as reduced
in accordance with Part I of the Act, exceeds the rate of interest payable on the new
securities shall on the conversion of such securities be entitled to receive new securities
for the same aggregate amount of principal as is secured by the existing securities, and,
in addition thereto, shall be entitled to receive a premium on such principal computed
in accordance with the Fourth Schedule hereto.
18. (1) Every premium to which any person is entitled under the last preceding
clause shall be satisfied by payment of the amount thereof in cash.
(2) All payments of cash in accordance with the last preceding subclause shall be
made by the local authority out of the balances at the date of conversion standing to
the credit of any of the special-rate accounts of any of the loans referred to in the First
Schedule hereto.
PLACE FOR PAYMENT OF PRINCIPAL AND INTEREST.
- The principal and interest in respect of new securities shall be payable in New
Zealand.
CONSOLIDATED SINKING FUND FOR NEW SECURITIES.
- (1) In order to provide funds for the repayment of the new securities the local
authority shall forthwith make provision for the creation, pursuant to a resolution of
the local authority, of a consolidated sinking fund, of which the Public Trustee shall
be the Commissioner.
(2) For such purpose the local authority shall permanently appropriate and shall
pay to the Commissioner of the consolidated sinking fund on each thirty-first day of
March following the date of conversion up to and including the thirty-first day of March,
one thousand nine hundred and fifty-six, a contribution of £703, increased in respect of
each contribution by a sum equal to four per centum of the aggregate amount of
new securities redeemable up to and including the first day of July preceding the date
on which such contribution is payable, and reduced by the aggregate of the sums
which during the twelve months preceding the date of payment of such contribution
have, pursuant to the provisions of the next succeeding clause, been paid to any
sinking funds for unconverted securities.
(3) The provisions of subsections four, five, and six of section ninety-five of the
Local Bodies’ Loans Act, 1926, shall apply with respect to such sinking fund.
SINKING FUND FOR UNCONVERTED SECURITIES.
- (1) If dissent is signified in accordance with the provisions of this Order from
the conversion of any existing securities issued in respect of any loan referred to in the
First Schedule hereto, the local authority, in order to provide funds for the repayment
of the unconverted securities issued in respect of such loan, shall forthwith make
provision for the creation, pursuant to a resolution of the local authority, of a sinking
fund, of which the persons who at the date of conversion were Sinking Fund Com-
missioners in respect of such loan shall be the first Commissioners.
(2) For such purpose the local authority shall permanently appropriate a sum
which bears the same proportion to the annual contribution payable, before the date
of conversion, to the existing sinking fund of such loan as the aggregate amount of
principal secured by such unconverted securities bears to the aggregate amount of
principal secured by all the existing securities issued in respect of such loan or part of
such loan to which this Order applies, and shall pay such sum to the Commissioners
yearly and every year until the maturity date of such unconverted securities, or until
the Commissioners are satisfied that the accumulations of sinking fund will suffice to
redeem such securities at maturity.
(3) The first of such yearly payments shall be made not later than one year after
the date on which the last annual contribution payable before the date of conversion
to the existing sinking fund of such loan was payable.
(4) Subject to the provisions of this Order, the provisions of sections forty to
forty-four of the Local Bodies’ Loans Act, 1926, shall, so far as applicable and with
all necessary modifications, apply with respect to such sinking fund :
Provided that nothing in the said sections or in this Order shall authorize the
removal or suspension of the Public Trustee as Commissioner of any sinking fund.
APPLICATION OF EXISTING SINKING FUNDS.
- (1) The existing sinking fund of every loan referred to in the First Schedule
shall be applied by the Commissioners thereof, so far as it will extend, in or towards
making the following payments, in the following order of priority, namely :—
(a) First, in transferring to the Commissioners of the sinking fund hereinbefore
required to be created for the unconverted securities issued in respect of
such loan a sum which bears the same proportion to the amount of such
existing sinking fund at the date of conversion as the aggregate amount of
principal secured by such unconverted securities bears to the aggregate
amount of principal secured by all the existing securities in respect of
which the sinking fund is held ; and
(b) Secondly, in transferring the balance to the Commissioner of the consolidated
sinking fund hereinbefore required to be created for the new securities, to
be held as part of that sinking fund.
(2) Where the sinking fund of any loan is, at the date of conversion, held as security
not only for those existing securities issued in respect of the loan to which this Order
applies but also for other securities to which this Order does not apply, such sinking
fund shall be equitably apportioned between those securities to which this Order does
so apply and those securities to which this Order does not so apply, and the last preceding
subclause shall in relation to any such sinking fund be construed as applying only to
the part of the sinking fund so apportioned to the existing securities to which this
Order applies.
CONSOLIDATED SPECIAL RATE.
- (1) As a security for the new securities and the unconverted securities the
local authority shall forthwith, by resolution gazetted (in the form numbered (4) in the
Second Schedule hereto), make and levy a special rate to provide for the payment of
interest, sinking fund, and other charges in respect of such securities. Such special
rate shall be made and levied over the whole of that area of the district of the local
authority over any part of which any existing special rate in respect of the loans
specified in the First Schedule hereto was made and levied.
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VUW Te Waharoa —
NZ Gazette 1934, No 31
NZLII —
NZ Gazette 1934, No 31
✨ LLM interpretation of page content
💰
Hamilton Borough Loans Conversion Order, 1934 (No. 2)
(continued from previous page)
💰 Finance & Revenue27 April 1934
Loans, Conversion, Local Authority, Hamilton Borough Council, Order in Council, Sinking Fund, Special Rate, Premium Calculation, Interest Rates, Maturity Dates