β¨ Auckland Stock Exchange Rules
subject to the purchaser being duly elected. The exercise by
the Committee of the power contained in this rule shall
supersede all other rights of transfer of membership. The
proceeds of the sale of membership shall be held by the
Committee and be distributed in the same manner as the
asset value of a membership interests forfeited to the
Exchange on the insolvency of a member.
- On the sale of a membership interests by the Committee
whether under rule 61 or otherwise the purchaser shall apply
for admission in the following form:
To The Secretary of the Auckland Stock Exchange.
Sir,
Having purchased from the Committee of the Auckland
Stock Exchange the membership interest of ... for
the sum of $... I am desirous of being admitted a
member of the Auckland Stock Exchange, upon the terms
of and under and subject in all respects to its rules and
regulations which now are or hereafter may be for the
time being in force.
I have read the rules as at this date and am willing
to sign them when called upon to do so.
I am etc.,
Interest in Assets
- Members who resign or cease to be members from any
cause whatever or persons claiming through them or the
executors or administrators of any deceased member shall
have no claim on the assets of the Exchange save as is
provided hereunder in this rule.
Upon the acceptance of the resignation of any member or
upon the death of any such member or upon his ceasing to
be a member pursuant to rule 57 relating to mentally defective
members he or his legal representatives shall be entitled
subject to the provisions of these rules to receive from the
Exchange the assets value of his membership interest. Such
value shall be the sum of money the member would have
received if immediately before ceasing to be a member the
tangible assets of the Exchange had been sold at the fair
market price thereof and after its debts and liabilities had
been paid or satisfied the surplus had been distributed equally
amongst the then members.
The Exchange shall fix the asset value and in doing so
may have regard to any valuation of securities held by the
Exchange and the book value of furniture and fittings but in
all cases the decision of the Exchange as to the asset value
shall be final and conclusive. In lieu of paying cash the
Exchange may satisfy any sum payable by transferring any
shares debentures bonds or like securities to the person or
persons entitled at the market value thereof at the time of
transfer or delivery such market value being the value of the
securities as quoted on the Exchange or if not quoted then as
fixed by the Exchange.
The Exchange shall be entitled to deduct from the sum
payable under this rule any amount of any nature due by
the member in respect of whom the sum is payable whether to
the Exchange the Chairman or to any other member and any
further amount which the Committee may think necessary
or equitable to adjust any claims whatsoever that may arise
out of his membership.
Where a resigning member or his legal representatives have
exercised the right under these rules to nominate a candidate
and such candidate has been elected then no sum shall be
due under this rule to the resigning member or his legal
representatives but he or they shall be deemed to have
assigned to the newly elected member the asset value of the
membership interest in respect of which the newly elected
member was nominated.
Any decision to be made by the Exchange under this rule
shall be made by or pursuant to a resolution passed at a
general meeting. This rule shall not affect the right of the
Exchange to make donations and otherwise deal with its funds
in as full and unrestricted a manner as if this rule had not
been adopted.
Defaulters
-
Where in the opinion of the Committee a member is
under financial stress and is likely to have difficulty in meeting
his liabilities or in the Committee's opinion other circumstances
require the prompt suspension of the member from trading
the Committee may immediately temporarily suspend such
member from membership of the Exchange for such limited
period as the Committee in its absolute discretion thinks fit.
The Committee may exercise this power of temporary
suspension without calling on or hearing the member involved. -
A member shall be declared a defaulter by the Committee if he has committed an act of bankruptcy or is
insolvent or in the opinion of the Committee the member
is in difficulties and has failed or is likely to fail to meet
his liabilities and upon such declaration being made the
defaulting member shall be automatically suspended from
all trading and from the exercise of all rights of membership
of the Exchange and notice of the name of the defaulter shall
be given forthwith to all members. -
Where any member has failed to pay when due any
debt incurred by him to another member the Committee may
suspend such member for such period as it thinks fit and may
also censure fine or recommend the member for expulsion.
Should the Committee decide to recommend the member's
expulsion they shall report accordingly to the members at a
Special General Meeting called for that purpose. It shall be
competent for the said Special General Meeting to confirm
the Committee's recommendation and expel the member so
brought before them or deal with him by fine or suspension
from membership. -
The Committee shall have power to order that all open
transactions including time bargains between any member
declared a defaulter and other members shall be closed within
a time to be named by the Committee. Such transactions shall
be closed accordingly by the Chairman buying or selling in
the market on account of the defaulter such stocks or shares
as he may have contracted to sell or purchase. The Chairman
shall charge current rate of brokerage to the defaulter and
such brokerage shall be the personal property of the Chairman.
Members shall without delay render full statements of
account to the Committee. -
In case any member shall make default in payment of
any amount payable to any other member the last mentioned
member shall give notice in writing of such default to the
Chairman or in his absence to the Vice-Chairman within 24
hours after such default. -
The Committee shall have power to investigate the
accounts of members with a member in default and to reject
or require the correction of any items which they may deem
unsatisfactory. -
Members who are creditors of a member in default
shall have a preferential claim on all surpluses in the hands
of other members resulting on the closing of transactions
open at the time of default and also on all moneys which
may become payable to a member in default out of funds
in the hands of the Committee from the estate of another
member in default. All surpluses in the hands of members
resulting on the closing of open transactions with a member
in default shall be paid to the Committee. -
The Committee shall distribute as soon as possible
amongst members creditors of the member in default the
surpluses received from other members on his account and
all moneys due to him out of funds in the hands of the
Committee from the estate of another member in default.
Forfeiture on Expulsion or Insolvency
- Any member who is expelled from the Exchange shall
forfeit to the Exchange all interest whatsoever in his membership. Any member who is found by the Committee to have
become insolvent or to have been adjudicated bankrupt or
to have assigned his estate for the benefit of or to have
compounded with his creditors shall upon such finding by the
Committee cease to be a member and shall forfeit to the
Exchange all interest whatsoever in his membership. Upon
such forfeiture for expulsion insolvency or otherwise the
member shall cease to have any claim whatever on or to the
property or funds of the Exchange. The Exchange shall fix
the asset value of the membership interest of such member
as at the date of forfeiture of membership and upon such
value being fixed the Committee shall apply the sum of money
representing the asset value of the membership interest in
the following manner; first in payment to the Exchange of
a sum equal to the transfer fee that would have been due had
the seat been sold and of any subscription fine or other
liability owing to the Exchange by the former member,
secondly in payment of the claims of any member or members
who at the time of such forfeiture were creditors of the
former member, and thirdly in paying any balance to the
former member or his personal representatives or assigns or
widow or next of kin as the Committee in its discretion shall
fix and the decision of the Committee as to the person or
persons to whom the balance be paid shall be final and binding
on all persons. The Exchange may also authorise the Com-
mittee to sell the membership interest of the former member
and the proceeds received by the Committee from such sale
over and above the asset value of the membership interest
as fixed as at forfeiture shall be dealt with as the Exchange
directs. A member who has forfeited his membership may in
special circumstances be reinstated by a ballot of members
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VUW Te Waharoa —
NZ Gazette 1969, No 43
NZLII —
NZ Gazette 1969, No 43
β¨ LLM interpretation of page content
π
Rules of the Auckland Stock Exchange - Transfer of Membership Interest
(continued from previous page)
π Trade, Customs & IndustryStock Exchange, Membership, Transfer, Resign, Election, Ballot, Fee, Partner, Clerk
π Rules of the Auckland Stock Exchange - Interest in Assets
π Trade, Customs & IndustryStock Exchange, Membership, Assets, Value, Resignation, Death, Insolvency
π Rules of the Auckland Stock Exchange - Defaulters
π Trade, Customs & IndustryStock Exchange, Defaulters, Suspension, Insolvency, Bankruptcy, Censure, Fine, Expulsion
π Rules of the Auckland Stock Exchange - Forfeiture on Expulsion or Insolvency
π Trade, Customs & IndustryStock Exchange, Forfeiture, Expulsion, Insolvency, Bankruptcy, Asset Value, Creditors