✨ Loan Conversion Order
3722
THE NEW ZEALAND GAZETTE.
[No. 91
(a) The first 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
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-five
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-three 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 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 herein-
before 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
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-three 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 herein-
before 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 securities
in respect of which such sinking fund is held;
(b) Secondly, in payment, in accordance with the directions of the local
authority, of the costs and charges (not exceeding in the aggregate
ninety pounds) of and incidental to the conversion of existing securities
to which this Order applies (whether issued in respect of the said
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 consolidated
special rate to provide for the payment of interest, sinking fund, and other
charges in respect of such securities. Such consolidated special rate shall, pursuant
to the provisions of section six of the Local Authorities Interest Reduction
and Loans Conversion Amendment Act, 1934, be made and levied on such
differential basis for the several ridings of the county as may be prescribed by
the resolution.
(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 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 1935, No 91
NZLII —
NZ Gazette 1935, No 91
✨ LLM interpretation of page content
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Eltham County Loans Conversion Order, 1935
(continued from previous page)
💰 Finance & Revenue3 December 1935
Loans, Conversion, Order in Council, Eltham County, Local Authorities, Securities, Debentures, Interest Rates, Maturity Dates, Premiums, Sinking Funds