Commonwealth Inscribed Stock Regulations (Amendment) (Cth)

Case
No judgment structure available for this case.

STATUTORY RULES.

1931. No. 17.

 

REGULATIONS UNDER THE COMMONWEALTH INSCRIBED STOCK ACT 1911-1927.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Commonwealth Inscribed Stock Act 1911-1927, to come into operation forthwith.

Dated this twenty-third day of February, 1931.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

JOHN. A. BEASLEY

for Treasurer.

 

Amendment of Commonwealth Inscribed Stock Regulations.

(Statutory Rules 1927, No. 157, as amended to this date.)

1. Regulation 17 of the Commonwealth Inscribed Stock Regulations is amended by inserting in sub-regulation (1.), after the word “corporation” (third occurring), the words and figures “on Form 48”.

2. Regulation 18 of the Commonwealth Inscribed Stock Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations:—

“(2.) A certificate of registration of marriage, under the hand of the proper State Officer, or the marriage certificate, of such person shall accompany the request together with such particulars as the Registrar deems necessary.

(2a.) Where the marriage certificate is produced, a copy thereof shall be retained by the Registrar and the original returned to the person concerned.”

3. Regulation 22 of the Commonwealth Inscribed Stock Regulations is amended by inserting after the words “ vice versa ” the words “ the amount of all Stock redeemed,”.

125.—Price 5d.

 

4. Regulation 32 of the Commonwealth Inscribed Stock Regulations is amended by omitting the words “State or to such person as the Auditor-General may appoint concerned”, and inserting in their stead the words “State concerned or to such person as the Auditor-General may appoint”.

5. Regulation 34 of the Commonwealth Inscribed Stock Regulations is amended by inserting after the word “transfer” the words “(or other transaction which would affect the balance of Stock inscribed)”, and by inserting after the word “or” the words “, except with the approval of the Secretary to the Treasury,”.

6. Regulation 62 of the Commonwealth Inscribed Stock Regulations is amended by inserting at the end thereof the following words “The Commonwealth will be under no legal liability for any delay which may occur in issuing such Bonds”.

7. Regulation 70 of the Commonwealth Inscribed Stock Regulations is amended by omitting the words and figures “Forms 48 and 49” and inserting in their stead the word and figures “ Form 49 ”,

8. Regulation 71 of the Commonwealth Inscribed Stock Regulations is amended—

(a) by omitting the figures and word “ 48 or ” (wherever occur ring) ; and

(b) by omitting the words and figures “Forms 48 and 49” and inserting in their stead the word and figures “Form 49”.

9. The Appendices to the Commonwealth Inscribed Stock Regulations are amended—

(a) by omitting from Form 1 the figures and words—

“48. Power of attorney to purchase stock from an existing owner.

49. Power of attorney to sell stock ”,

and inserting in their stead the figures and words—

“48. Authentication of Corporate Seal.

49. Power of attorney”.

(b) by omitting from Form 6 the words “Attached is a copy of the certificate of registration of my marriage” and inserting in their stead the following words:—

“ Attached is

a certificate of registration of my marriage*

my marriage certificate.*”;

and by adding at the end of the form the following words:—

“ *Strike out what is inapplicable.”

(c) by inserting after the words “witness to whom” occurring in Forms 12, 22 and 23, the words “(unless an officer of the Registry)”;

 

(d) by making the following alterations in Form 18:—

After “and is an/are” insert the following “…………………….”.

occupation

Under “signature” insert “(official capacity of claimant e.g. executor &c.)”. Omit the words “vesting order,” at foot, and insert “vesting order, and statutory declaration of identity of deceased and claimant, as may be required by the Registrar”.

(e)by omitting from Form 19 the following words:—

Sales and Transfer No.

per cent. maturing

Transmitted—

From name of

To name (s) of

Amount £

Registrar.

Entd.

Exd.

(f) by omitting from Form 31 the words “Sydney, Melbourne, Brisbane, Adelaide, Perth, Hobart, Townsville, or Launceston” and inserting in their stead the words “Sydney, Melbourne, Brisbane, Townsville, Rockhampton, Adelaide, Perth, Hobart, or Launceston ”.

(g)by inserting in Form 39, after the word “pounds)”, the words “bearing interest at……………per cent. per annum and maturing on……………………19……”; and by omitting from such Form the word “receipt,” and inserting in lieu thereof the words “ receipt, and on such Registry receiving authority from this Registry”.

(h)by inserting on Form 40 after the words “This advice must be” the words “promptly despatched, and is to be”.

(i)by inserting on Form 52 under the word and figures “Form 52” the word and figures “Regulation 17a (2.)”; and after the words “to receive”, the word “interest,”;

(j)by omitting Forms 36, 48 and 49, and inserting in their stead the following Forms:—

Form 36.

Regulation 60.

Commonwealth Government Inscribed Stock.

REQUISITION FOR SUPPLY OF TREASURY BONDS.

Registry of Commonwealth Government Inscribed

Stock at  

 19…

 

MEMO.

The Secretary to the Treasury,

Commonwealth Sub-Treasury,

Melbourne.

I beg to request that a supply of Treasury Bonds, as under, be forwarded to meet requirements at this office:—

Rate %.

Date of maturity.

Denomination of bonds.

Number of bonds on hand.

Number of bonds required.

Remarks.

£

……………………………………………

Deputy Registrar.

Form 48.

Regulation 17 (1).

(Registered address) 

  

AUTHENTICATION OF CORPORATE SEAL.

The Registrar,

Commonwealth Government Inscribed Stock,

.......................................

Dear Sir,

Please note that any  of the undermentioned*—

(1) .................................................................................

(Full names.)

(2) .................................................................................

(3) .................................................................................

(4) .................................................................................

(5) .................................................................................

(6) .................................................................................

who have signed this document at foot hereof, are authorized to sign on behalf of…………………………………..in conjunction with the……………………………………………. on the sealing of documents of the said Corporation and we certify that the Seal appearing hereon is that of..................................................................... and was affixed in accordance with.......... governing the affairs of the said Corporation, a duly authenticated copy of which and any

amendments thereto

is attached hereto.

has been supplied to you.

Signatures.

(1) ............................................................

(4) ..................................................................

(2) ............................................................

(5) ..................................................................

(3) ............................................................

(6) ..................................................................

Given under the

Common Seal of

Note.—The Office of the Registrar is at the Commonwealth Bank of Australia in each State Capital, and at Townsville, Rockhampton, and Launceston.

* Directors, “Trustees,” or as case requires.

 

Form 49.

Regulation 70.

No 

Commonwealth Government Inscribed Stock.

POWER OF ATTORNEY.

Signature of Attorney...

Know all Men by these presents that I................................................................................

............................................... of...............................................................................

....................................................................................... do hereby constitute and appoint

..........................................................................................................................................

my true and lawful attorney for me and in my name and on my behalf to purchase Commonwealth Government Inscribed Stock, and sell, assign, transfer, convert into some other Commonwealth Loan; or otherwise deal with any Commonwealth Government Inscribed Stock which may now or hereafter be inscribed in my name either solely or jointly with another or others, and for me and in my name and on my behalf to sign all Acceptances, Transfers, Receipts, Applications, instructions regarding payment of interest and other documents necessary and proper to be signed on occasion of the premises.

In witness whereof I have hereunto set my hand and seal this.........................................

day of........................................ One thousand nine hundred and........................................

Signed, sealed and delivered by the said

(Signature.)

in the presence of—

* Signature, occupation and address of witness.

Note.—1. Strike out words in italics, if not required.

2. Special attention is requested to the instructions for executing powers of attorney which are on the other side.

3. The Office of the Registrar is at the Commonwealth Bank of Australia in each State capital, and at Townsville, Rockhampton and Launceston.

4. Sub-section (3.) of section 56 of the Commonwealth Inscribed Stock Act 1911-1927 reads as follows:—

“(3.) A power of attorney shall be valid and effectual for all the purposes therein mentioned until notice of its revocation or of the bankruptcy, insolvency, lunacy, unsoundness of mind, or death of the principal, has been received by the Registrar at the Registry where the power of attorney is deposited.”

[On back of Form.]

INSTRUCTIONS FOR EXECUTING POWERS OF ATTORNEY, WHICH MUST BE STRICTLY OBSERVED.

1. The date must be inserted, at time of execution, in words and not in figures.

2. Each execution must be attested by two credible witnesses, who must state their full addresses and occupations. (In the case of a married woman, she must give her husband’s name, address and occupation.)

3. A wife is not a valid witness to any signature if her husband’s name appears either as stock-holder, attorney, or transferee; nor, in like circumstances, if the name of a wife appears, can a husband be admitted as a valid witness.

4. Where clerks or servants are witnesses, they should give the name and address of their employers.

5. Where the powers of attorney are executed by more than one person, the subscribing witnesses must insert in the attestation the name of the parties or party whose execution they attest, and if the parties do not all execute at the same time and in the presence of the same witnesses, the words “Signed by the said  in the presence of us”, must be repeated in each attestation.

6. Where a power of attorney is executed out of the Commonwealth of Australia, in addition to two witnesses, the signature must be attested by a British Minister, Consul, Vice-Consul, or other British authority, or by a Notary Public.

7. If it should be necessary for a Stock-holder to execute a power of attorneyby a mark instead of by signing his name, each witness must be a person of known position, such as a Minister of Religion, Magistrate, Commissioner for Affidavits, Commonwealth Commissioner for Declarations, Solicitor, Conveyancer, Bank Manager, member of recognized Stock Exchange, or Medical Practitioner; and the witness must declare in writing that the document has been read over and fully explained to and understood by the Stock-holder.

8. Any alteration, interlineation or erasure made in a power of attorney must be particularly mentioned in the attestation subscribed by the witnesses, and it must be stated to have been done previous to execution.”.

 

By Authority: H. J. Green, Government Printer, Canberra.

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0