« EelmineJätka »
37 & 38 Vic.
c. 42, s. 10. ]
Mode of registration of existing Society. [Compare 37 & 38 Vic. c. 42, s. 10.]
Property, &c., to vest on incorporation.
37 & 38 Vic. c. 42, s. 9.]
6. No existing Society shall be registered under this Act except by the authority of a general meeting of the Society convened and held in accordance with its rules for the time being and specially called for the purpose, and the Registrar may require a statutory declaration from the secretary and such other evidence (if any) as he may think fit, that such authority was duly given.
7. Any existing Society entitled to be registered under this Act and desiring to be so registered shall transmit to the Registrar two copies of its rules, purporting to be duly certified under "The Friendly Societies Act, 1876,"* or some Act thereby repealed, and authenticated by the statutory declaration of the secretary and such other evidence (if any) as the Registrar may require; and the Registrar, if satisfied that such rules were duly certified under the said Acts or some or one of them, and that the necessary authority for the registration of the Society under this Act has been given, shall retain and register one copy of such rules, and shall return the other copy to the secretary with a certificate of registration, and thereupon such Society shall be deemed to be registered under this Act.
8. Upon the registration under this Act of any existing Society, such Society shall forthwith, by passing a new rule for the purpose, make provision for the device, custody, and use of the common seal of the Society, which must bear the registered name thereof.
9. All rights of action and other rights, and all estates and interests in real and personal estate whatsoever, including land under the provisions of "The Real Property Act of 1861," belonging to or held in trust for any existing Society registered under this Act, shall, on the incorporation of the Society under this Act, vest in the Society without any conveyance, transfer, or assignment whatsoever.
Notification of Registration of Societies.
10. Upon the registration of a Society under this Act the Registrar shall forthwith notify in the Gazette, in the form or to the effect in the First Schedule. First Schedule to this Act, that such Society is registered, and thereupon the then present members of the Society, together with such other persons as may from time to time become members of the Society, shall be a body corporate by the name contained in its rules, capable forthwith of exercising all the functions of a corporation and having perpetual succession and a common seal. Such notice shall be conclusive evidence that all the requirements of this Act in respect of registration have been complied with.
incorporation. Second Schedule.
37 & 38 Vic. c. 42, s. 20.]
Rules to contain certain matters.
[37 & 38 Vic.
c. 42, s. 16.]
Name and place of business.
11. A certificate in the form or to the effect in the Second Schedule to this Act, under the hand of the Registrar (whose handwriting it shall not be necessary to prove, and who is hereby required to give such certificate to any person applying for the same on payment of one shilling), shall be conclusive evidence that the Society named in such certificate is incorporated under this Act.
12. The rules of every Building Society established under this Act shall set forth
(1) The name of the Society and chief office or place of meeting for the business of the Society;
40 Vic. No. 13, repealed; see Historical Table, Index Volume. See now "The Friendly Societies Act of 1894" and Amendment Act of 1902, infra, this title.
+25 Vic. No. 14, title Real Property.
(2) The manner in which the stock or funds of the Society is or Issue of
(3) The purposes to which the funds of the Society are to be Application
and investment of funds.
(4) Whether shares may or may not be withdrawn, and if so, Withdrawal of upon what terms, and the terms upon which mortgages may redemption of be redeemed;
(5) The manner of altering and rescinding the rules of the Society Rules.
(6) The duties and powers of, and manner of appointing, Duties, &c., of
(7) The manner of calling general and special meetings of the Meetings.
and the mode of voting and number of votes to be given by
(8) The mode of drawing and signing cheques, drafts, bills of Choses in
(9) The security to be given by any paid officer of the Society Security to having the receipt or charge of any money belonging to the be given by Society;
(10) Provision for an annual or more frequent audit of the Audit.
and other securities belonging to the Society;
(11) Whether disputes between the society and any of its mem- Arbitration.
or how otherwise;
(12) Provision for the device, custody, and use of the seal of the Seal. Society, which shall in all cases bear the registered name thereof;
(13) Provision for the custody of the mortgage deeds and other Custody of securities belonging to the Society;
(14) The fines and forfeitures to be imposed on members of the Fines and Society;
(15) The manner in which the Society, whether terminating or Termination permanent, shall be terminated or dissolved.
13. A Registered Society may by its rules prescribe the forms of any Forms of conveyance, mortgage, transfer, agreement, bond, security for a deposit conveyance, or loan, or any other instrument necessary for carrying its purposes into
&c., may be
[37 & 38 Vic. c. 42, s. 19.]
alter rules. [Compare
14. An existing Society registered under this Act may alter or Existing rescind any of its rules, or make any additional rule, in manner prescribed by its rules; or if no manner is so prescribed, then by a resolution carried by a majority of two-thirds of the members present at a general meeting of the Society convened and held in accordance with its rules for the time being, and specially called for the purpose, by
37 & 38 Vic.
42, s. 18.]
c. 42, s. 18.]
Copy of rules, &c., to be supplied.
Registrar refusing to register to state reason.
seven days' notice at the least, published in some newspaper or newspapers, circulating in the locality, specifying the proposed alteration, rescission, or addition.
15. Every Society registered under this Act altering or rescinding any rule, or making an additional rule, shall forward to the Registrar two copies of the resolution for the alteration or rescission of the rule, or of the additional rule, signed by three members and the secretary, accompanied by a fee of three guineas to be paid to the certifying barrister for his own use.
The Registrar, on receiving a certificate from the certifying barrister that such alteration, rescission, or addition is in conformity with this Act, shall register one of such copies and return the other to the secretary with a certificate of registration, and no such alteration, rescission, or addition, shall be of any force or validity until so registered.
16. Every Society registered under this Act shall furnish to any person requiring the same a complete printed copy of its rules for the time being in force, with a printed copy of its certificate of incorporation appended thereto, and shall be entitled to charge therefor a sum not exceeding one shilling.
17. The rules of a Society registered under this Act shall be binding on the several members and officers of the Society, and on all persons claiming through or under a member, or under the rules, all of whom shall be deemed and taken to have full notice thereof, and shall not be entitled to question or impugn the legality or validity thereof.
18. Copies of the rules of any Registered Society printed for the Society and certified by the secretary or any member of the Committee of Management, shall in any Court of justice or before any person having, by law or by consent of parties, authority to hear and receive evidence, be primâ facie evidence of the contents of such rules as at the date on which they purport to have been registered, whether such rules are in force or have been rescinded or altered, and any printed document purporting to be a copy of such rules, and so printed and certified as aforesaid, shall be deemed to be a true copy of the rules unless the contrary is shown.
19. If upon an application for the registration of a Society under this Act, or for the registration of any alteration of or addition to the rules of a Society registered under this Act, the Registrar refuses, or for the space of thirty days after the transmission to him of any such original, altered, or additional, rule or rules, neglects to register the same, the secretary or intended secretary of the Society may, by notice in writing, require the Registrar to set forth in writing under his hand the grounds of such refusal or neglect, and if the Registrar does not, within seven days after service upon him of such notice in writing, set forth such grounds and deliver a copy thereof to such secretary or intended secretary, such secretary or intended secretary may call upon the Registrar, by summons before the Court or a judge thereof, to show cause why he should not furnish such grounds, and the Court or judge may make such order thereon as may seem fit.
Upon such grounds being furnished, such secretary or intended secretary may summon the Registrar to appear before the Court or a judge to substantiate and uphold such grounds of refusal or neglect. And upon the hearing of the summons the Court or judge may make
such order thereon as the circumstances of the case may require. And upon any such summons the Court or judge may make such order as to costs as may seem fit.
Powers, Rights, and Privileges of Building Societies.
37 & 38 Vic.
20. Unless it is otherwise provided by the rules of the Society, a Minors. married woman or minor may be a member of a Registered Society, and [Compare may execute all instruments, give all necessary acquittances, and enjoy c. 42, s. 38. ] all the privileges except the privilege of holding office, and shall be liable to all the responsibilities, appertaining to other members, notwithstanding his or her incapacity or disability in law to act for himself or herself.
21. A corporation or joint stock company may, if allowed by its own Joint holders constitution so to do, hold shares in a Registered Society, and two or and more persons may hold such shares jointly.
22. The liability of a member of a Society registered under this Act in respect of any share upon which no advance has been made shall be limited to the amount actually paid or in arrear on such share, and in respect of any share upon which an advance has been made shall be limited to the amount payable thereon under any mortgage or other security, or under the rules of the Society.
[37 & 38 Vic. 42, s. 14.]
23. A Registered Society may employ its funds for such of the follow- Employment of ing purposes as are provided for in its rules
(a) For making advances to members of the Society upon
() For making advances to members and other persons and to
(c) For making advances to other Registered Societies; and
(d) Generally for carrying out such purposes of mutual advan-
24. A Registered Society may from time to time, in accordance with Issue of its rules, raise funds by the issue of shares of one or more denominations, either paid up in full, or to be paid by periodical or other subscriptions, and with or without accumulating interest, and may repay such funds at such time as is provided in the rules of the Society.
37 & 38 Vic.
25. A Registered Society may purchase, build, hire, or take upon Business lease, any building in which to conduct its business, and may purchase Compare or hold upon lease any land for the purpose only of erecting thereon a building in which to conduct the business of the Society, and may sell, mortgage, exchange, or let such building, or any part thereof.
c. 42, s. 37.]
26. A Registered Society may receive deposits or loans, at interest, Deposits and a ter n not less than two months, from the members or other persons,
or from any Building Society or Friendly Society, to be applied to the purposes of the Society.
Provided that the total amount received on deposit or loan, and not repaid by any Society, shall not at any time, in the case of a Permanent Society, exceed three times the amount for the time being of the existing paid-up capital or subscriptions of the Society and the accumulations thereon, and shall not at any time, in the case of a Terminating Society exceed three years' income on the shares for the time being in existencè.
Purchaser, &c., not bound to see to
application of purchase money.
37 & 38 Vic.
Paid officers to give security. [Compare 37 & 38 Vic. c. 42, s. 23.]
Paid officers to
Any deposits with, or loans to, an existing Society made before its registration under this Act in accordance with its certified rules, are hereby declared to be valid and binding on the Society, although such deposits or loans may exceed the limit aforesaid; but all such deposits and loans shall be taken into account in determining the amount which any such Society may legally receive on deposit or loan after being registered under this Act.
Any member or other person, or Building Society or Friendly Society, depositing or lending money with or to a Registered Society shall not be bound to see to the application thereof or to see that the Society has not exceeded the limit of its borrowing powers.
27. No member of a Registered Society, or purchaser of land from a Registered Society, shall be obliged to inquire into the application of the consideration money mentioned in any transfer, conveyance or reconveyance, receipt, or statutory release, or be answerable or accountable for the misapplication, non-application, or loss thereof.
28. A Registered Society may from time to time, unless its rules otherwise direct, invest any portion of its funds not immediately required for its purposes on deposit in any bank or banking company, or in the public funds, or in or upon any Government debentures, stock, or securities, or in or upon any debentures, stock, or securities payment of the interest on which is guaranteed by authority of Parliament.
29. Every paid officer of a Registered Society having the receipt or charge of any money belonging to the Society shall give security in such manner as the rules of the Society direct, and in such sum as the Committee of Management require, for rendering a just and true account of all moneys received and paid by him on account of the Society, and for payment of all sums of money due from him to the Society at such times as its rules appoint or as the Committee of Management may require.
30. Every paid officer of a Registered Society, his executors or administrators, shall, upon demand made or notice in writing given or left at his last or usual place of residence, furnish to the Committee of Management an account of all moneys received by him from or on account of the Society, to be examined and allowed or disallowed by them, and shall on the like demand or notice pay over all the moneys remaining in his or their hands, and deliver all securities and effects, books, papers, and property of the Society in his or their hands or custody, to such person as the Committee of Management may appoint; and in case of any neglect or refusal to furnish such account, or to pay over such moneys, or to deliver such securities and effects, books, papers, and property, in manner aforesaid, the Society may sue upon the security given by such officer, or may apply to the Court by motion, either upon notice or ex parte, as the Court may think fit; and the Court may proceed thereupon in a summary way and make such order thereon and as to the costs of such application as to the Court shall seem just, which order shall be final and conclusive.
31. Contracts on behalf of a Society registered under this Act may be made, varied, or discharged, as follows, viz. :—
Any contract which if made between private persons would by law be required to be in writing and under seal may be made by the Society in writing and under its common seal, and may be varied or discharged in the same manner.