β¨ Loan Conversion Order Details
2878
THE NEW ZEALAND GAZETTE.
[No. 69
- Dissent from the conversion of any existing securities may be signified--
(a) At any time before the expiration of fourteen days from the date of conversion ;
or
(b) In the case of any particular holder, within such further time as the local
authority may, on account of special circumstances, in its discretion allow. - The dissent of the holder of any existing securities from the conversion of
those securities into new securities shall be signified in writing, and shall be deemed to
be signified when such writing is received by the local authority or by any person
authorized by the local authority to receive it.
SURRENDER OF CONVERTED SECURITIES, AND PAYMENT OF INTEREST THEREON.
- The holder of any existing securities converted into new securities (whether
the conversion is on application or after failure to dissent) shall not be entitled to
demand payment of any interest payable in respect of the existing securities, or to
receive the new securities or any instalment of principal and interest payable in respect
thereof, until he has surrendered the existing securities to the local authority. - Subject to the provisions of the last preceding clause, the interest on the outstanding principal represented by any such existing securities for the period ending
on the date of conversion shall be payable not later than one month from the date of
conversion.
NEW SECURITIES.
- The aggregate amount of principal secured by the new securities to be issued
in conversion of existing securities to which this Order applies (including new securities
to be issued by way of premium), together with interest thereon computed at the rate
of four and one-quarter per centum per annum, shall be repaid by equal half-yearly
instalments over a period of nineteen years, the first half-yearly instalment to fall due
and be paid on the thirty-first day of May, one thousand nine hundred and thirty-five,
and subsequent half-yearly instalments to fall due and be paid on every thirtieth day
of November and thirty-first day of May thereafter, the last half-yearly instalment to
fall due and be paid on the thirtieth day of November, one thousand nine hundred and
fifty-three. - (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 :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
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VUW Te Waharoa —
NZ Gazette 1934, No 69
NZLII —
NZ Gazette 1934, No 69
β¨ LLM interpretation of page content
π°
Marlborough County Loans Conversion Order, 1934 (No. 1)
(continued from previous page)
π° Finance & Revenue10 September 1934
Loan Conversion, Local Authorities, Debentures, Marlborough County, Order in Council