β¨ Stock Exchange Rules
taken in the same manner as provided in rule 46 and upon
such special terms as to the entrance fee or otherwise as the
Exchange may fix in general meeting.
- The Committee in dividing amongst members who are
creditors of a former or deceased member such funds as are
available for distribution whether on the sale or forfeiture
of a membership interest or otherwise howsoever shall not
necessarily distribute the same pro rata but may in their
discretion give preference either wholly or in part to claims
of recent date over claims of longer standing which were
not divulged to the Committee at the time they arose and in
any case claims that do not arise from transactions under
the rules, shall not be recognised by the Committee until all
claims that have arisen from transactions under the rules
shall have been satisfied.
Clerks
-
The Committee may at the request of a member or a
firm grant permission to a clerk in the service of such member
or firm to attend the trading meetings of the Exchange for
the purpose of making quotations or purchasing or selling
shares on behalf of such member or firm for such other
purposes as the Committee fixes from time to time and may
at any time of its own accord and shall at the request of
such member or firm withdraw or cancel such permission.
While such permission submits, such clerk shall be deemed
for the purposes of these rules to be an authorised clerk of
the member or firm in whose service he is. -
An authorised clerk while in attendance at a trading
or other meeting shall subject as hereinafter provided in these
rules, be deemed to be the agent for all the purposes mentioned in rule 74 of the member or firm in whose service he
is and such member or firm shall be responsible for all the
transactions of such clerk. -
A clerk shall not be eligible for admission unless he be
at least eighteen (18) years of age. -
A clerk shall not buy or sell time-bargains or deal except
in cash transactions unless he shall have written authority
to do so from his employer such authority to be lodged with
the Chairman and all his dealings shall be on account of his
employer. -
A member may by a letter addressed to the Secretary
withdraw the authority for his clerk to act but his responsibility shall continue until such withdrawal shall have been
notified to the members at a trading meeting or by written
notice from the Secretary.
Commission
- The rates of brokerage shall be those fixed or adopted
from time to time by the Stock Exchange Association of
New Zealand.
Trading Meetings
-
The trading meetings of official call meetings of the
Exchange shall be the meetings of members, held at such
place and times as the members shall appoint, at which the
business shall be to make prices, effect sales, receive and
record quotations and to carry on such other businesses as
the Committee may authorise from time to time. The quorum
for a trading meeting shall consist of representatives of one-quarter of the member firms of the Exchange. Such representative may be a member or an approved partner or an
authorised clerk of the member firm. Each member who
carries on business individually and each partnership of
members or approved partners shall be considered a
separate member firm for the purpose of this rule. Trading
meetings shall be presided over by the Chairman or in his
absence by the Vice-Chairman or should either be absent
or not wish to preside then by such Committee member or
member or employee of the Exchange as may be appointed
from time to time by the Chairman. -
The Chairman or other presiding officer of a trading
meeting in regulating the order and manner in which the
business of the meeting is conducted may from time to time
give rulings as to the customary practice or usage of the
Exchange in relation to maintaining quotations, priority of
buyers and sellers, reopening business in a particular stock,
and as to all other matters necessary for the orderly and
expeditious conduct of the meeting. The ruling of the Chairman or of another presiding officer if confirmed by the
Chairman shall be final and shall supersede any previous
ruling given on the same point until any other ruling is
given by a general meeting of the Exchange. -
Save as the Committee may otherwise provide by regulation time bargains shall not be made at a trading meeting
except at the conclusion of the ordinary business. Unless the
Chairman otherwise rules any member may then at the con-
closion of the meeting name any stock or shares in which
he wishes to make a time quotation and such stock or shares
shall then be called for time transactions only.
-
If any report of a sale be challenged the Chairman
shall as soon as practicable take steps to satisfy himself as
to the bona fides of the report by examination of the books,
papers, or office records of the member or in such other
manner as the Chairman deems appropriate. The Chairman
shall report the result of his investigation either to the
Committee in the first instance or to a trading meeting or
general meeting of the Exchange as he deems appropriate.
Any member refusing an inspection of his books, papers,
or office records shall have committed a breach of these
rules. The refusal shall be reported by the Chairman forthwith to the Committee and the Committee may treat such
refusal as evidence of the member being guilty of making
a false quotation and engaging in conduct unworthy of a
member. -
The general conduct of trading meetings shall be
subject to the control of the Committee which having regard
to changes in stockbroking practice may from time to time
make and promulgate regulations dealing with the conduct
and mode of operation of trading meetings and the business
to be transacted at such meetings and such regulations upon
adoption by a special resolution of members shall bind all
members and a breach of the regulations, if not otherwise
dealt with under the rules, shall carry a penalty of up to $50.
Contracts
- In contracts between members for the sale and purchase of shares and stocks they shall be held to be principals
to each other unless a written arrangement to the contrary
be made between buying and selling broker at the time of
the contract being made.
Non-members
-
Should the purchaser other than a member fail to
pay when due the amount owing by him to a member for
shares purchased on his account by the member then the
member shall be at liberty at any time thereafter and without any special notice to the non-member to sell such shares
through the Chairman or with his authority and all damages
or expenses which the member may sustain consequent upon
such resale shall be recoverable from the defaulting purchaser. If the member considers special circumstances justify
the course he may with the consent of the Chairman or
Vice-Chairman, send notice by telegram to the purchaser
addressed to his last known address giving notice of the
purchase of the shares and the amount due, and failing
payment within 48 hours of the dispatch of the telegram
the purchaser shall be deemed to have made default in payment of the amount due and the shares may be sold as
provided herein. -
In the event of any person other than a member failing to meet any engagement with a member of the Exchange
the member may report such matter to the Committee. The
Committee shall inquire into the case and if satisfied that
a default has taken place the Committee may notify the
name of the defaulter to members in such manner as the
Committee deems desirable. -
It shall not be incumbent upon a Committee to entertain any complaint or charge submitted by a non-member
against a member unless such member shall have been employed by the complainant and in that or any other case
in which a non-member desires the intervention of the local
committee, he shall previously to the case being heard submit a statement in writing of such complaint.
Country Members
- Any person carrying on business at a distance of not
less than 20 miles from the building where the Exchange is
for the time being transacting its business but closer to such
building than to the similar buildings of any other metropolitan member exchanges of the Association may be elected
a country member by the Exchange in the manner hereinafter
provided by these rules. A country member shall pay the
entrance fee fixed by the committee of the Exchange and
also the annual subscription payable in advance to the
Exchange. The annual subscription shall be such sum as
may be fixed from time to time by resolution of the Exchange.
Country members shall have the privilege of doing business
with any member of any exchange affiliated to the Association
but shall not be entitled to attend the trading or general
meetings of the Exchange, except as a guest and shall not
be entitled to vote or hold office or take part in the control
or management of the Exchange. Such portion of these rules
as deal with membership, management, and general meetings of the Exchange, election of members, interest in and
transfer of membership, subscriptions and funds of the
Exchange, being more particularly rules 3 to 63 both inclusive
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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 Stock Exchange Rules - Clerks, Trading Meetings, and Contracts
π Trade, Customs & IndustryStock Exchange, Clerks, Trading Meetings, Contracts, Non-members, Country Members