β¨ Loan Conversion Order Details
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 Commissioners 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 in respect of which such sinking fund is
held, 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 funds 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
hereto shall be applied by the Commissioners thereof in or towards making the
following payments, in the following order of priority, namely:β
(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
such sinking fund is held; and
(b) Secondly, as far as it will extend in repayment as at the date of conversion of
the principal secured by the existing securities.
(2) Interest up to the date of conversion on any existing securities so repaid in
accordance with paragraph (b) of the last preceding subclause shall be paid by the local
authority out of the local fund.
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 (3) in the
Second Schedule hereto), make and levy a special rate over the whole of the district
of the local authority to provide for the payment of the half-yearly instalments of
principal and interest in respect of the new securities and of interest, sinking fund, and
other charges in respect of the unconverted securities.
(2) Subject to the provisions of this Order, the provisions of the Local Bodies'
Loans Act, 1926, and of any other Act shall, so far as applicable and with all necessary
modifications, apply with respect to such special rate, and with respect to the principal,
interest, and other charges in respect of such securities, as if such special rate were made
and levied in respect of a special loan raised under Part I of the said Local Bodies'
Loans Act, 1926.
(3) Upon the making of such special rate every special rate theretofore made in
respect of any existing securities to which this Order applies shall cease to be a security
for such existing securities.
SECURITIES HELD BY TRUSTEES.
- The provisions of sections twenty-two, twenty-three and twenty-four of the
New Zealand Debt Conversion Act, 1932-33 (relating to the adjustment of premiums as
between capital and income and to the powers of trustees and other persons in relation
thereto), shall apply with respect to existing securities converted into new securities in
accordance with this Order in the same way as they apply with respect to securities
converted under that Act, save that the references in the said section twenty-two to the
first day of April, one thousand nine hundred and thirty-three, shall be construed as
references to the day following the date of conversion.
BROKERAGE.
- The local authority shall not, in respect of the conversion into new securities
of any existing securities to which this Order applies, enter into any contract for the
payment of brokerage at a rate exceeding one-quarter per centum of the amount of such
existing securities.
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VUW Te Waharoa —
NZ Gazette 1934, No 43
NZLII —
NZ Gazette 1934, No 43
β¨ LLM interpretation of page content
π°
Patangata County Loans Conversion Order, 1934 (No. 7)
(continued from previous page)
π° Finance & Revenue30 May 1934
Loan Conversion, Debentures, Local Authority, Patangata County Council, Order in Council, Interest Reduction, Sinking Fund, Special Rate, Trustees, Brokerage