(3) Notwithstanding anything herein contained, a Society may accept as sufficient a written notice of desire to transfer in other than the prescribed form. (4) In the event of a notice of desire to transfer being withdrawn by the member within thirty days of the date of such notice or being declared cancelled in accordance with the provisions of proviso (b) to sub-section (1) or of sub-section (3) of Section 14 of the Act of 1918, any transfer fee paid shall forthwith be repaid by the Society to the member. (5) In the case of a member transferring from a Society in whose Administration Account a deficiency had been disclosed, the provisions of Section 21 of the Act of 1918, shall apply to any levy imposed to meet the deficiency as though the deficiency had been disclosed on a valuation made under Section 36 of the Principal Act and the levy had been imposed under a scheme made under Section 38 of the same Act, and as though the interval between the end of the period in which the deficiency occurred and the imposition of the levy, was the interval between the date as at which the valuation was made and the date on which the said scheme came into operation. 74. A person shall not be entitled to transfer from a Society Declaration unless he has signed a statement declaring that he has received as to joining from another Society an undertaking in writing to admit him as new Society. a member on his being held entitled to transfer, or that he has intimated to the Commissioners that he desires to become a deposit contributor. 75.-(1) Save as hereinafter provided, no person shall be Date of entitled to transfer from a Society except as on the first day of transfer. a half-year, which day is hereinafter referred to as a "date of transfer." (2) A member of a Society giving notice of desire to transfer shall not be entitled to transfer from the Society until the date of transfer first occurring after the expiration of eight weeks from the date on which the notice is given to the Society: Provided that if a Society so agrees and delivers or sends to the member prior to the date of transfer aftermentioned a statement in writing in the form set out in the second part of the Fourth Schedule to these Regulations or in any other form providing for substantially the same particulars, such member may transfer as at the first date of transfer occurring after the date on which notice has been given to the Society, notwithstanding that eight weeks have not elapsed between the last mentioned. date and the said date of transfer. (3) In the case of any person who commences a voyage as a master, seaman or apprentice on a foreign-going ship or on a ship engaged in regular trade on foreign stations between the date on which he gives notice of desire to transfer and the date of transfer which would otherwise have been applicable to him, the transfer shall, notwithstanding anything herein contained, take effect as on the day of the commencement of the voyage. 76. Nothing in this Part of these Regulations shall apply as Saving as to respects a transfer which takes effect prior to the commencement previous of these Regulations. transfers. Amalgamation of Societies. Ainalgama tion of branches. PART VIII. AMALGAMATION AND TRANSFER OF ENGAGEMENTS. Procedure for Amalgamation. 77. The amalgamation of any two or more Approved Societies or of any Approved Society with a Society which is not an Approved Society shall be carried into effect in accordance with the following provisions: (1) Where a Society which proposes to amalgamate is registered or established under any Act of Parliament, other than the principal Act, or by Royal Charter, and the Act or Charter under or by which it is registered or established or any rule of the Society made thereunder lays down the procedure to be adopted with reference to the holding of any meeting and passing of any resolution for amalgamation, or otherwise in connection with an amalgamation, that procedure shall be adopted, so, however, that in any case the Society shall (a) at least ten days before the first meeting at which the resolution to amalgamate is to be considered, or upon the issue of voting papers, send to each insured member a statement in a form approved by the Commissioners containing particulars relating to the proposed amalgamation; and (b) immediately after passing any resolution relating to the proposed amalgamation, forward to the Commissioners a copy thereof and a statement of the number of members of the society, the number present at the meeting, the manner in which a poll (if any) was taken and the number of votes cast for and against the resolution by insured members and other members respectively, together with such other particulars as the Commissioners may require : Provided that no meeting at which a resolution for amalgamation is submitted shall be held earlier than six in the afternoon, unless the rules of the Society otherwise provide, or the Commissioners otherwise determine. (2) In the case of any other Society, the procedure to be adopted shall be that set forth in the first part of the Fifth Schedule to these Regulations, but no resolution for amalgamation shall be valid, unless it is carried by not less than threefourths of the members voting. 78. The amalgamation of two or more branches of a Society shall be carried into effect in the following manner: (1) Where the rules of the Society provide for the manner in which the amalgamation of branches is to be carried out, the procedure provided in those rules shall be adopted, so, however, that where by the rules a meeting or meetings are required to be held, or a ballot of the members is required to be taken, for that purpose, the branch shall in any case (a) at least ten days before the first meeting at which the resolution to amalgamate is to be considered, or upon the issue of voting papers, send to each insured Provided that no meeting at which a resolution for amalgamation is submitted shall be held earlier than six in the afternoon, unless the rules of the branch otherwise provide or the Commissioners otherwise determine. (2) Where the rules do not provide for the procedure to be adopted by the branch, the procedure shall be that set forth in the first part of the Fifth Schedule to these Regulations, but no resolution for amalgamation shall be valid, unless it is carried by not less than three-fourths of the members voting. Transfer of Engagements. 79.-(1) The transfer of the engagements under the principal Transfer of Act of one Society to another Society shall be carried engagements by Society. into effect in the following manner, provided that where it appears to the Commissioners, upon receipt of notice of the negotiations, that the transaction is of such a nature as to be in effect an amalgamation, they may direct that the procedure for amalgamation herein before set forth or referred to shall apply: (a) The Committee of Management of the Society to which it is proposed to transfer the engagements (in this Part of these Regulations referred to as the "Transferee Society ") shall, if authorised so to do by the rules of the Society, pass a resolution in the form set out in the second part of the Fifth Schedule to these Regulations offering to accept the engagements of the other Society (in this Part of these Regulations referred to as the "Transferor Society "), and shall furnish a copy thereof to the Transferor Society; and (b) Upon receipt of the said copy of the resolution the Com mittee of Management of the Transferor Society shall carry out the procedure set forth in the first part of the Fifth Schedule to these Regulations, but no resolution for transfer shall be valid, unless it is carried by not less than three-fourths of the members voting. (2) The transfer of engagements of a Society under the principal Act to two or more Societies shall be carried out in accordance with the provisions of the preceding paragraph, with the necessary adaptations. Transfer of to 80. The transfer of the engagements of a branch of a Society engagements to another Society or to a branch of another Society or to two by branch of or more branches of another Society or to two or more other a Society to Societies, shall be carried out in accordance another with the Society. provisions of the immediately preceding Article, subject the modification that for this purpose the Committee of Management of the branch shall be substituted for the Committee of Management of the Society, but no such transfer shall take place without the consent of the Committee of Management of the Society of which the transferor branch is a branch, and where the transfer is to a branch or branches of another Society, of the Committee of Management of that other Society. Rules not to apply after transfer. Transfer of 81. Where a Society transfers its engagements under the principal Act in accordance with this Part of these Regulations, the rules of the Society relating to business under the principal Act shall cease to have effect from the date of the consent of the Commissioners to the transfer or such other date as the Commissioners may determine. 82. (1) Where a Society has transferred its engagements to engagements another Society being a Society with branches, it shall be entitled to Society with to transact business under the principal Act as a branch of that branches. Society from such date as the Commissioners may direct, notwithstanding that anything required by the Friendly Societies Acts, 1896 and 1908, to be done for the purpose of the registration of the Society as a branch or otherwise has not been done. Transfer of engagements relating to part of United Kingdom or to men or to women by Society or branch. (2) The preceding paragraph shall, if the circumstances so require, apply (a) in the case of a Society which has transferred part of its engagements to a Society with branches, and (b) in the case of a branch of a Society to which two or more branches of that Society have transferred their engagements. 83. (1) The transfer of the engagements of a Society or branch relating only to insured members resident in a particular part of the United Kingdom or to insured members being men or to insured members being women shall, so far as regards the transferor Society or branch, be carried into effect in the following manner: (a) A resolution to transfer such of the engagements of the Fifth Schedule to these Regulations with the neces- (ii) a notice of meeting and voting paper in the (2) The provisions of this Part of these Regulations relating to the procedure to be adopted by the transferee Society or branch and to the consent of the Commissioners, and in the case of a branch, of the Committee of Management of the Society being obtained shall apply to the transfer of the engagements of a Society or branch relating only to insured members resident in a particular part of the United Kingdom or to insured members being men or to insured members being women as they apply to the transfer of the whole of the engagements under the principal Act of a Society or branch. 84. The transfer of engagements by a branch of a Society to any other branch of the Society shall be carried into effect in the following manner :· Transfer of engagements by branch of a Society to branch of same (1) Before approving any scheme for the transfer of engagements by a branch to another branch of the Society, as hereinafter provided, the Committee of Management of the Society Society. shall, unless they are authorised by the rules of the Society to 6979 F 2 |