β¨ Loan Conversion Order
Nov. 8.]
THE NEW ZEALAND GAZETTE.
3523
APPLICATION OF EXISTING SINKING FUND.
-
(1) For the purposes of the next two succeeding clauses the sinking
fund of every loan in the First Schedule hereto some only of the existing
securities issued in respect of which are held by the Public Trustee shall be
divided into two parts the first of which shall bear to the second the same proportion which the amount of existing securities so held by the Public
Trustee bears to the amount of the existing securities held by persons other than
the Public Trustee. The said parts shall be applied as follows:
(a) The first part of such sinking fund shall be applied by the Commissioner
thereof in accordance with the provisions of clause twenty-three hereof
as if the existing securities issued in respect of the loan and held
by the Public Trustee were a separate loan to which that clause applies
and such first part of the sinking fund were the sinking fund of such
separate loan.
(b) The second part of such sinking fund shall be applied by the Commissioner thereof in accordance with the provisions of clause twenty-four hereof as if the existing securities issued in respect of the loan
and held by persons other than the Public Trustee were a separate loan
to which that clause applies and such second part of the sinking fund were the sinking fund of such separate loan. -
(1) Subject to the provisions of clause twenty-two hereof, the existing
sinking fund of every loan in the First Schedule hereto the securities issued in
respect of which are held by the Public Trustee, 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;
(b) Secondly, as far as it will extend to the nearest multiple of five pounds,
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; and
(c) Thirdly, 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) 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. -
Subject to the provisions of clause twenty-two hereof, the existing
sinking fund of every loan referred to in the First Schedule hereto (other than
the loans referred to in the last preceding clause) 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 such sinking fund is held;
(b) Secondly, in payment, in accordance with the directions of the local
authority, of any cash payments required by this Order to be made
in respect of premiums to which any holder in entitled on the conversion of any existing securities to which this Order applies (whether
issued in respect of such loan or of any other loan referred to in the
First Schedule hereto); and
(c) Thirdly, 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.
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 over the whole
of the district of the local authority to provide for the payment of interest,
sinking fund, and other charges in respect of such 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 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 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, 1932β33 (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.
D
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VUW Te Waharoa —
NZ Gazette 1934, No 82
NZLII —
NZ Gazette 1934, No 82
β¨ LLM interpretation of page content
π°
Upper Hutt Borough Loans Conversion Order, 1934 (No. 1)
(continued from previous page)
π° Finance & Revenue5 November 1934
Loan Conversion, Upper Hutt Borough Council, Order in Council, Local Authorities, Securities