Section 14 of 30 & 31 Vict. c. 117 substitutes the schedule annexed to that Act for this schedule. Sect. 48 of 18 & 19 Vict. c. 63, and 30 & 31 VICT. c. 117. An Act to amend the Industrial and Provident Societies Acts. [20th August, 1867.] WHEREAS by the Industrial and Provident Societies Act 1862, the Industrial and Provident Societies Act 1852 and certain therein-recited Acts for the Amendment thereof were repealed, and provision was made for the constitution and regulation of such societies in future: And whereas doubts having arisen as to the effect of the said Act in certain cases, it is expedient that the same should be removed, and that the provisions so made should be amended in other respects: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this present parliament assembled, and by the authority of the same, as follows: 1. There shall be repealed, from and after the passing of this Act, the forty-eighth section of the eighteenth and nineteenth Victoria, chapter sixty-three, and 25 of 25 & 26 fifth, ninth, fifteenth, sixteenth, and twenty-fifth sec Sects. 5, 9, 15, 16, and Industrial and Provident Societies Act, 1867. 731 repealed. tions of the recited Act, and so much of the third Vict. c. 87, section as excepts the working of mines and quarries from the objects for which any society may be established under the Act. of interest 2. A society registered under this Act may hold in Limitation its registered name any amount of interest in any of members. other society so registered, but if any other person hold or claim in any society so registered an interest exceeding two hundred pounds sterling, such person shall incur a penalty equal to the excess of such interest over the said sum. of the Acts applied and provi 3. The provisions following contained in the Acts Provisions under mentioned relating to Friendly Societies shall Friendly apply to all societies registered under this Act, and no Societies such provision shall be affected in its application to to industrial such societies by its repeal in regard to Friendly Societies, dent unless the contrary be expressly declared by the Act societies. repealing the same; and in applying such provisions words concerning the trustee of any society shall be taken to apply to the society, except the context precludes such construction; (that is to say,) So much of the Friendly Societies Acts, 1855 and 1858, as relates to c. 63, s. 24. c. 63, ss. 41, The punishment of fraud in witholding any 18 & 19 Viet- The power to any society to change its name. c. 101, s. 1. c. 63, s. 30. c. 63, s. 37. 21 & 22 Vict. c. 101, s. 4. 732 OTHER ACTS RELATING TO COMPANIES. Certificate of 4. Two copies of the rules shall be forwarded to the registration. registrar of friendly societies of England, Scotland, or Power to nominate persons unto the interests may be transferred at their death. Ireland, according to the place where the office of the society is situate, and shall be dealt with by him in the manner provided by "The Friendly Societies Act, 1855," and he shall thereupon give his certificate of registration, and such certificate shall in all cases be conclusive evidence that the society has been duly registered, and thereupon the members of such society shall become a body corporate, by the name therein described, having a perpetual succession and a common seal, with power to purchase, erect, and sell, and convey, or to hold lands and buildings, with limited liability. See Industrial and Provident Societies Act, 1871, below. 5. A member of any society registered under this Act may, by any writing under his hand delivered at whose name the registered office of the society, appoint any person of members being the husband, wife, father, mother, child, brother, sister, nephew, or niece of such member, to whom his shares in the society shall be transferred at his decease, provided that the sum credited to the account of such member in the books of the society does not exceed fifty pounds sterling, and may from time to time revoke or vary any such nomination by a writing under his hand similarly delivered; and the secretary of every such society shall keep a book wherein the names of all persons so nominated shall be regularly entered, and the shares comprised in any such nomination shall be transferable to the nominee, although the rules of the society declare its shares to be generally not transferable provided nevertheless, that the society may, in lieu, of making such transfer, elect to pay to any nominee the full value of the shares comprised in the nomination to him, and shall pay him the full value of any such shares which, if transferred into his name, would Industrial and Provident Societies Act, 1867. increase his interest in the society to an amount exceeding two hundred pounds sterling. 733 6. All penalties imposed by the Industrial and Pro- Recovery of vident Societies Act, 1862, or by this Act, or by the penalties. rules of any society registered under the said Act, shall be recoverable, with costs, and dealt with in a manner directed by the Friendly Societies Acts, in regard to the penalty thereby imposed, on any default in transmitting the returns thereby required, and at the suit of the registrar in the case of penalties imposed by the recited Act or by this Act, or in the case of penalties imposed by the rules of any society so registered at the suit of the society. of or addi tered. 7. Two copies of every alteration of or addition to Alterations the rules of every society registered under this Act, tions to rules signed by seven members of the society, and counter- to be regissigned by the secretary, shall be sent to the registrar for his certificate of registration, and shall be accompanied by a declaration in the form contained in the schedule hereto annexed; and no alterations of or to accomadditions to the rules of any society registered under pany copies. this Act, made after the passing hereof, shall be valid until they are so certified. Declarations 8. The registrar shall give his certificates respectively Form of in the forms contained in the said schedule in the cases certificate. thereto mentioned. not sending returns, &c. 9. All returns required under the twenty-fourth sec- Penalties on tion of the recited Act to be made to the registrar of Friendly Societies shall be sent to him by each society registered thereunder on or before the first day of March in every year; and every such society which does not send any such return, or furnish copies thereof, or of its rules, as is required by the recited Act or hereby, shall incur a penalty not less than forty shillings nor exceeding five pounds for each such offence; and every person who makes or orders to be made any false statement or any omission in any such return with 734 Form of rules provided as moved. (Sic) Societies established either Act. Exemption tax. OTHER ACTS RELATING TO COMPANIES. intent to deceive the registrar, shall incur a penalty not exceeding fifty pounds sterling for each return so dealt with. 10. The form of rules contained in the schedule hereto may be adopted by any society desirous of being registered under this Act, either without any addition or with any additions or alterations agreeable to law. (a) 11. Every society established previous to the passing deemed to be of the recited Act for any of the purposes in such Act from regis mentioned shall be deemed to be a society established tration under under such Act from the registration of such society under the provisions of the recited Act or of this Act. 12. A society registered under this Act, and not from income allowing any member thereof to hold or claim any interest therein or monies therefrom exceeding in value the sum of two hundred pounds, shall not be chargeable with the duty under schedule (C.) or schedule (D.) of the Income Tax Acts: provided that the above exemption shall not be construed to relieve any member of such society, or person employed by such society, to whom any portion of the profits of the society shall be paid, from assessment to the said duties in respect of such payment in any case in which the total income of such member or other person, inclusive of his portion of the said profits, shall amount to the sum of one hundred pounds or upwards. Lists to be returned to commissioners for special purposes containing the names, &c., of persons entitled to profits. 13. The secretary or other managing officer of any society registered under this Act shall, within twentyone days after the sixth day of April in every year, transmit to the commissioners for special purposes of the Income Tax Acts a list containing the name and residence of every member of such society or other person to whom profits made by the society have been paid or shall be payable within or for the year ended (a) The Schedule contains no form of rules, but only a list of matters to be provided for by rules. |