β¨ Loan Conversion Order Details
2642
THE NEW ZEALAND GAZETTE.
[No. 65
- (1) New securities for the amount of each half-yearly instalment referred
to in the preceding clause shall be issued in the form of debentures in the form
numbered (2) in the Second Schedule hereto.
(2) All new debentures shall be numbered consecutively, and as between the holders
thereof shall rank equally.
(3) Every new debenture shall state on its face the fact that the holder has no
claim in respect thereof upon the Government or public revenues of New Zealand.
(4) Every new debenture shall be signed by the Chairman, countersigned by the
Treasurer or some other officer appointed by the local authority for the purpose, and
sealed with the common seal of the local authority.
PREMIUMS.
- (1) The holder of any existing securities bearing interest at a rate which, as
reduced in accordance with Part I of the Act, does not exceed 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.
(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 Third Schedule hereto. - (1) Every premium to which any person is entitled under the last preceding
clause shall be satisfied by issuing to him additional new securities for the amount of such
premium.
(2) The power of the local authority to issue new securities in accordance with
this Order shall be deemed to include the power to issue any additional new securities
required for the purposes of this clause.
PLACE FOR PAYMENT OF PRINCIPAL AND INTEREST.
- The principal and interest in respect of new securities shall be payable in New
Zealand.
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 in the First
Schedule hereto for which a sinking fund was provided, 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 existing 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 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 in the First Schedule hereto shall
be applied by the Commissioner thereof in or towards making the following payments,
in the following order of priority, namely : -
(a) First, in transferring to the Commissioner 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 issued in respect of such loan
and held by the Public Trustee.
(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.
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 65
NZLII —
NZ Gazette 1934, No 65
β¨ LLM interpretation of page content
π°
Featherston County Loans Conversion Order, 1934 (No. 3)
(continued from previous page)
π° Finance & Revenue15 August 1934
Order in Council, Loans Conversion, Featherston County Council, Local Authority, Securities