✨ Loan Conversion Order Details
Dec. 14.] THE NEW ZEALAND GAZETTE. 4235
(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) Subject to the provisions of this clause as to payment in cash, 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, or so much thereof as
is not paid in cash, as the case may be.
(2) The local authority shall pay in cash such portion (if any) of the aggregate
amount of premium to which any person is entitled as may be required to reduce to
the nearest multiple of five pounds the aggregate amount of principal represented by
the new securities (including new securities issued by way of premium) to which such
person is entitled, and may, if it thinks fit, pay in cash the whole or any part of the
balance of any such aggregate amount of premium.
(3) All payments of cash in accordance with the last preceding subclause shall be
made by the local authority out of the local fund, and charged to the appropriate
account.
(4) 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.
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 sixty, a contribution of two hundred and
eighty-five pounds, increased in respect of each contribution by a sum equal to four
and one-quarter per centum of the aggregate amount of new securities redeemable
up to and including the thirty-first day of March 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 fund 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 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 for
which a sinking fund was provided shall be applied by the Commissioners thereof in
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.
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VUW Te Waharoa —
NZ Gazette 1934, No 93
NZLII —
NZ Gazette 1934, No 93
✨ LLM interpretation of page content
💰
Pahiatua Borough Loans Conversion Order, 1934 (No. 1)
(continued from previous page)
💰 Finance & Revenue10 December 1934
Loans, Conversion, Pahiatua Borough Council, Securities, Debentures, Order in Council, Local Authorities Interest Reduction and Loans Conversion Act, 1932–33