S.I. No. 363/2012 - Industrial and Provident Societies and the European Cooperative Society (Fees) Regulations 2012.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th September, 2012.

I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by section 73 of the Industrial and Provident Societies Act 1893 (56 & 57 Vict., c. 39) and section 2 (as adapted by the Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 245 of 2011 )) of the Registry of Friendly Societies Act 1936 (No. 51 of 1936) and with the consent, required by section 3 (as adapted by the Finance (Transfer of Department Administration and Ministerial Functions Order 2011 ( S.I. No. 418 of 2011 )) of the Registry of Friendly Societies Act 1936 , of the Minister for Public Expenditure and Reform, hereby make the following regulations:

1. These Regulations may be cited as the Industrial and Provident Societies and the European Cooperative Society (Fees) Regulations 2012.

2. These Regulations come into operation on 1 October 2012.

3. (1) The fees to be paid to the Registrar of Friendly Societies for matters to be transacted or for the inspection of documents under the Industrial and Provident Societies Acts 1893 to 1978 and the European Communities (European Cooperative Society) Regulations 2009 ( S.I. No. 433 of 2009 ) shall be the fees that are specified in Part 1 of the Schedule.

(2) No fee shall be payable for the services provided by the Registrar of Friendly Societies which are specified in Part 2 of the Schedule.

4. The Industrial and Provident Societies (Fees) Regulations 1995 ( S.I. No. 4 of 1995 ) are revoked.

SCHEDULE

PART 1 — Fees Payable

Ref. No.

Service

Fee€

1.

Acknowledgement of registry of a society

200

2.

Acknowledgement of registry of a society, the rules of which are in the form of model rules approved by the Registrar, where the application for registration is made through and endorsed by the association or body which has sponsored the rules contained in the said model, a reduced fee of

100

3.

Acknowledgement of registry of an amendment of rules:

(a) complete amendment

100

(b) partial amendment

50

4.

Acknowledgement of registry of an amendment of rules where the rules are in the form of model rules approved by the Registrar, where the application for registration is made through and endorsed by the association or body which has sponsored the rules contained in the said model, a reduced fee:

(a) in the case of a complete amendment

50

(b) in the case of a partial amendment

25

5.

Registration of a special resolution by any society (including approval of a change of name)

100

6.

Appointment of an inspector by the Registrar of Friendly Societies

200

7.

Calling of a special meeting by the Registrar of Friendly Societies

130

8.

Determination of a dispute or an award for the distribution of funds:

(a) where the matter is settled without a hearing or on one hearing without adjournment(b) for every hearing after the first and for every adjournment

60 60

9.

Signature or seal of the Registrar to a document not chargeable with any other fee

15

10.

* (a) Inspection of a societys file* (b) Copy or extract of any document (in addition to fee for Registrars signature or seal)

6page 1 — no fee 0.25 per pagepages 2-10 0.10 per page thereafter

11.

Printout of name and address of Society

0. 25

12.

Filing of notice of change of registered office

15

13.

Filing of a societys annual return

40

14.

Filing of a societys triennial return

60

15.

Filing of an instrument of dissolution or any amendment thereto

100

16.

Filing or registering of documents concerning the winding up of a society under the provisions of the Companies Acts.

15

* A fee of €3 is applicable to obtain, inspect and copy all or part of an Industrial and Provident Society file in electronic form, irrespective of the number of pages therein.

European Cooperative Society (SCE) Fees

17.

Application for the formation of a European Cooperative Society (SCE), pursuant to Regulation 4 of the European Communities (European Cooperative Society) Regulations 2009 ( S.I. No. 433 of 2009 )

100

18.

Registration of a European Cooperative Society (SCE) on transfer of its registered office to the State, pursuant to Regulation 5 of the European Communities (European Cooperative Society) Regulations 2009 ( S.I. No. 433 of 2009 )

100

19.

Application to transfer a European Cooperative Societys (SCE) registered office to another Member State, pursuant to Regulation 7 of the European Communities (European Cooperative Society) Regulations 2009 ( S.I. No. 433 of 2009 )

100

20.

Delivery to the Registrar of Friendly Societies particulars for publication of transfer proposal or draft terms of conversion pursuant to Regulation 22 of the European Communities (European Cooperative Society) Regulations 2009 ( S.I. No. 433 of 2009 )

100

21.

Application for the conversion of a European Cooperative Society (SCE) into a Cooperative, pursuant to Regulation 24 of the European Communities (European Cooperative Society) Regulations 2009 ( S.I. No. 433 of 2009 )

100

22.

Delivery of notice to the Registrar of Friendly Societies of insolvency events by a European Cooperative Society (SCE), pursuant to Regulation 31 of the European Communities (European Cooperative Society) Regulations 2009 ( S.I. No. 433 of 2009 )

15

PART 2 — Services for which no fee is payable

1. Supply to a Department of State of any document or copy document.

2. Provision of any document in respect of which a fee is chargeable under any other Act or any other provision of the Industrial and Provident Societies Acts 1893 to 1978.

The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations.

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GIVEN under the Official Seal of the Minister for Public Expenditure and Reform.

24 September 2012.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

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GIVEN under my Official Seal,

25 September 2012.

RICHARD BRUTON,

Minister for Jobs, Enterprise and Innovation.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

The purpose of these Regulations is to revise the fees to be paid for matters to be transacted or for the inspection of documents under the Industrial and Provident Societies Acts, 1893 to 1978, and to set the fees to be paid for matters to be transacted under the European Communities (European Cooperative Society) Regulations 2009.