β¨ Stock Exchange Rules
shall not apply to country members unless otherwise specifically
stated in any particular rule, but save for any specific exemp-
tion granted in the rules a country member shall be subject to
and shall sign the rules of the Exchange.
- Every candidate for country membership shall be
proposed by a member and seconded by another member and
his name shall be submitted to the Committee with such
information as to his integrity, suitability, and financial
standing as the Committee may require. The name of the
candidate shall thereupon be put forward for election at a
general meeting in the same manner as is prescribed in
respect to the election of members. At its discretion, in lieu
of submitting the name of the candidate to a general meeting,
the Committee may give written notice to members, in the
same manner as is provided for notices of general meeting,
of the intention to accept the applicant for election at the
expiration of 14 days from the date of the notice. During the
14 days any member may request that the name of the
applicant be put before a general meeting for election, but if
no such request is made the Committee may at the expiration
of the period of 14 days declare the applicant elected as a
country member. No rejected candidate shall be again
proposed within 6 months of his rejection. Application for
admission to country membership shall be in the following
form;
To the Secretary of the Auckland Stock Exchange
Sir,
I am desirous of being admitted as a country member
by the Auckland Stock Exchange upon the terms of, 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 at this date and am willing to
sign them when called upon so to do.
I am, etc.,
Title of firm:
Names of Partners:
Proposed by:
Seconded by:
-
Upon election and after signing the rules a country mem-
ber shall receive a Certificate of Membership executed under
the official Seal of the Exchange but such certificate shall at all
times remain the property of the Exchange and the Com-
mittee shall be at liberty at any time to call for and compel
its production and delivery. Any person ceasing to be a
country member shall upon application by the Committee or
by the Secretary return his Certificate of Membership for
cancellation. -
An applicant for country membership shall furnish with
his application a written statement setting forth the full
names of each and every partner with whom he carries on
business and this information shall be furnished to members
of the Exchange before the applicant is considered for final
election. The applicant shall also supply such other informa-
tion as to the integrity or financial standing of the partners
with whom he carries on business as the Committee may
require. All the incoming partners of any firm of which one
of the members thereof is a country member of the Exchange
shall be notified to the Committee of the Exchange for
approval on the formation of the partnership. If the Com-
mittee do not approve of an incoming partner the question of
approval shall at the request of the country member be
referred to a general meeting of members for decision. In the
event of any partner not being approved by the Committee
or by the general meeting the Committee by notice in writing
shall call upon the country member to dissolve partnership
within 1 month with the partner who did not receive approval.
If within one month of the date of such notice the country
member has not dissolved such partnership he shall be
deemed to have retired from the Exchange and the Com-
mittee shall announce to the members that he has so retired,
and his name shall be erased from the list of country mem-
bers. The approval by the Exchange of the partners of any
such firm shall continue for so long only as the country
member through whom they have been so approved remains
a country member of the Exchange and their partnership
with him whilst he is a country member is undissolved. -
All country members must apply for re-election not
later than 1 November in each year or such other annual
date as the Exchange may fix by resolution and be re-elected
annually. Application shall be in writing and shall include
the signatures of two members as proposer and seconder.
Any application of a country member for re-election which
does not reach the Secretary by 1 November or other fixed
annual date in any year shall not be submitted to members
unless the Committee directs otherwise but the country
member shall be entitled to make a fresh application for
admission to membership in all respects as if it were an original
application including the payment of an entrance fee. Re-
election of country members shall take place at the annual
general meeting or at such special general meeting as the Com-
mittee may fix and any country member who has failed to
secure re-election by the conclusion of such general meeting
shall cease to be a country member from the conclusion of
the meeting.
- Country 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 country
member shall have no claim upon or interest in the assets
of the Exchange and a country member shall not be entitled
to assign his membership or propose a candidate for member-
ship in his stead.
Employees Trading
- A member shall not buy or sell shares for anyone
employed in another member's office.
Disputes
-
Where any dispute between members with reference to
stockbroking transactions or other transactions to which
these rules apply is brought under or referred to the con-
sideration of the Committee the decision of the Committee
shall be final and binding and shall be carried out forthwith
by the member or members concerned. In giving a decision on
a dispute between members the Committee may order that
reasonable costs of the hearing of the dispute should be paid
by any one or more of the members involved and may require
the deposit of up to $40 for hearing costs at the time a dispute
is referred to the Committee. -
It shall be a condition, precedent to the commencement
of any action by a member against any other member upon
any matter arising out of any transaction of stockbroking or
out of any transaction to which these rules apply, that the
dispute shall be first determined in the manner provided by
these rules and thereafter action shall be commenced only
for the enforcement of the decision given under these rules
and then only after the member sued shall have after 14
days' notice in writing refused or neglected to carry out such
decision. In any action as aforesaid no member shall dispute
the correctness of such decision or award, or the fact that it
was given in accordance with these rules.
Complaints and Charges
-
A complaint or charge may be made to the Committee
in respect of any alleged breach of these rules, or alleged
professional misconduct, or any act or matter alleged to be
detrimental to the well being or proper conduct of the
Exchange or the Association, and may be made by any
Exchange member or by a member of another Exchange or
subject to rule 88 by a non-member. -
Members and their clerks when required so to do by
the Committee shall attend any meeting of the Committee
and then and there shall give such information as may be in
their possession relative to any matter under investigation. In
the event of a complaint or charge being made which in their
opinion justifies such procedure the Committee shall have full
power to call upon any member to produce for the inspection
of the Committee or an Inspector appointed by them or to
make available at the member's office for such inspection all
books, letters, telegrams, and office records or other docu-
ments or copies thereof as the member may have in his
possession or control as the Committee may direct and the
member shall forthwith produce such documents or make
them available for inspection as the case may be. -
The Committee shall take cognisance of all violations
of these rules, and of the rules of the Stock Exchange Associa-
tion of New Zealand whether in letter or spirit and the
Committee shall have the power to reprimand, to fine, to
suspend from membership, and to recommend the expulsion
of any member found by it to be guilty of such violation or
of failure to comply with any of the decisions of or regula-
tions made by the Committee or the Association, or of
conduct which in the opinion of the Committee is unworthy
of a member. Should the Committee decide to recommend
a member's expulsion it shall report accordingly to the
members at a Special General Meeting called for that
purpose. It shall be competent for the Special General Meet-
ing to confirm or vary the Committee's recommendation to
expel the offender and the meeting may resolve to deal with
the offending member by reprimand, fine, or suspension.
Unless the meeting otherwise resolves, the decision shall be
taken by secret ballot. The decision of the meeting shall be
deemed to be immediately adopted and given by the Com-
mittee and shall thereupon apply forthwith to the offending
member but without prejudice to his right of appeal to the
Association.
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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
Auckland Stock Exchange Rules - Country Membership and Applications
(continued from previous page)
π Trade, Customs & IndustryStock Exchange, Country Members, Membership rules, Application process, Re-election
π Auckland Stock Exchange Rules - Employees Trading
π Trade, Customs & IndustryStock Exchange, Employees, Trading, Members' offices
π Auckland Stock Exchange Rules - Disputes and Arbitration
π Trade, Customs & IndustryStock Exchange, Disputes, Arbitration, Committee decision, Costs
π Auckland Stock Exchange Rules - Complaints, Charges, and Member Conduct
π Trade, Customs & IndustryStock Exchange, Complaints, Charges, Professional misconduct, Member conduct, Reprimand, Fine, Suspension, Expulsion