Securities Amendment Act (No 2) 1997

1: Short Title
This Act may be cited as the Securities Amendment Act (No 2) 1997, and is part of the Securities Act 1978 the principal Act Amendments to principal Act
2: Completion of proceedings where member unable to attend meeting
The principal Act is amended by inserting, after section 15
15A:
1: Despite section 15
a: A meeting of the Commission with 3 or more members commences any proceeding, inquiry, or the transaction of other business; and
b: The number of those members able to attend any subsequent meeting is reduced to 2 as a result of illness, accident, or other unavoidable cause, or the expiration of a member's term, or the resignation or removal from office of a member,— the remaining 2 members of the Commission constitute a quorum for the purposes of completing the proceeding, inquiry, or transaction of business.
2: At a meeting of the Commission at which those 2 members are present, each of those members has a deliberative vote and, in the event of an equality of votes, the presiding member has a casting vote.
3: Assent to resolution without a meeting
Section 16 or telex message by all the , telex message, facsimile, electronic mail, or other similar means of communication by 3
4: Employees of Commission
Section 20 subsection (2)
5: Bank accounts
1: Section 31B(3) section 12 of the Securities Amendment Act 1982 ordinary practicable
2: Section 31B(4) by cheque signed effected
6: Restriction on distribution of prospectuses
Section 34 paragraph (a)
a: After it has been amended unless all the amendments have been incorporated in, or attached by way of memorandum to, every copy of the registered prospectus that is so distributed; or .
7: Registration of prospectus
Section 42(5) under his hand
8: Amendment of registered prospectus
1: Section 43 subsection (2)
2: Every memorandum of amendments to a registered prospectus delivered to the Registrar must be—
i: Signed by the issuer of the prospectus (if an individual) and every person who is a director of the issuer at the time the memorandum is delivered to the Registrar, or by its or his or her agent authorised in writing; and
ii: Delivered in duplicate and accompanied by a copy of the registered prospectus as amended.
2: Section 43(6) under his hand
9: Amendment of registered deed
Section 47(4) under his hand Amendments to Securities Amendment Act 1988
10: Amendments to Securities Amendment Act 1988
1: The Securities Amendment Act 1988 section 35
35A: Evidence not otherwise admissible
In the exercise of its jurisdiction under this Part, the Court may receive in evidence any statement, document, or information that would not be otherwise admissible that may in its opinion assist it to deal effectively with the matter. 1986 No 5 s 79
2: The principal Act is amended by repealing section 40
40: Effect of certain laws on authorised futures contracts and other contracts
1: Nothing in the Gaming and Lotteries Act 1977
a: An authorised futures contract; or
b: An agreement or a contract of the kind described in section 37(2)
2: Without limiting subsection (1)
3: A contravention of this Part does not affect the validity or enforceability of a contract referred to in subsection (1)