S.I. No. 351/1986 - Industrial and Provident Societies (Forms) Regulations, 1986.


S.I. No. 351 of 1986.

INDUSTRIAL AND PROVIDENT SOCIETIES (FORMS) REGULATIONS, 1986.

I, MICHAEL NOONAN, Minister for Industry and Commerce in exercise of the powers conferred on me by section 74 of the Industrial and Provident Societies Act, 1893, as adapted by section 2 of the Registry of Friendly Societies Act, 1936 (No. 51 of 1936), and the Industry, Trade, Commerce and Tourism (Alteration of name of Department and Title of Minister) Order, 1986 ( S.I. No. 41 of 1986 ), hereby make the following Regulations:

1. These Regulations may be cited as the Industrial and Provident Societies (Forms) Regulations, 1986.

2. These Regulations shall come into operation on the 1st day of November, 1986.

3. ( a ) The Interpretation Act, 1937 (No. 38 of 1937), shall apply to these Regulations.

( b ) In these Regulations "the Regulations of 1894" means the Regulations dated January 1, 1894, and made by the Treasury under the Industrial and Provident Societies Act,

4. The Regulations of 1894 are hereby amended by the insertion after Regulation (8) of the following Regulation:

"(8a) Notwithstanding Regulation (8), notice before cancelling of registry shall be in Form Ga where that form is appropriate.".

5. The forms annexed to the Regulations of 1894 are hereby amended:—

( a ) by the substitution in paragraph 5 of Form A (substituted by Regulation dated March 28, 1914, made by the Treasury under the Industrial and Provident Societies Act, 1893) and in paragraph 5 of Form D (as so substituted) for "not exceeding £200 sterling," of "not exceeding £  ," ,

( b ) by the insertion after Form G of the form set out in Part I of the Schedule to these Regulations, and

( c ) by the substitution for Form AC of the form set out in Part II of the Schedule to these Regulations.

SCHEDULE

Part I

Form Ga. Reg. 8a.

INDUSTRIAL AND PROVIDENT SOCIETIES ACTS, 1893 TO 1978.

Notice before cancelling of Registry

Name of Society............................................................ ............................................................ ... Limited Register No. ............................................................ ............... (Country)............................................................ .................................

Notice is hereby given to the above-mentioned society that it is the intention of the Registrar to proceed on the ......................... day of .............................., 19 ........ , to cancel the registry of the society unless cause be shown to the contrary in the meantime.

The ground of such proposed cancelling is that the society has wilfully and after notice from the Registrar violated the provisions of the above-mentioned Acts in having failed to send to the Registrar the annual return of the said society for the year 19 ........ or has been duly wound up by the High Court or has suspended its business for a period of six months or has ceased to function.

......................................................

Registrar of Friendly Societies

Date........................ 19.............

PART II

Form AC. Regs. 31, 34.

INDUSTRIAL AND PROVIDENT SOCIETIES ACTS 1893 TO 1978.

(To be sent in duplicate by each society, accompanied by Form AB)

Application for Registry of Special Resolution for Amalgamagion of Societies.

*Name of Society (A)............................................................ ................................................ Limited

Register No. ............................................................ ..... (County) .....................................................

See note a.

Name of society (B) ............................................................ .................................................. Limited

Register No. (County) ............................................................ ..[And so on if more than two)

TO THE REGISTRAR OF FRIENDLY SOCIETIES

Application for registry of a special resolution for the amalgamation of the above-mentioned societies is made by the society whose seal and the three persons whose names are affixed and subscribed at the foot hereof.

1. The following is a copy of a special resolution passed by a [three-fourths]* majority of such members for the time being entitled under the rules to vote as have voted in person [or by proxy]* at a general meeting of (A)............................................................ ............................................................ ...................................... Limited, of which notice specifying the intention to propose the resolution was duly given according to the Rules, held on the ...................... day of .........................19 ........ and confirmed by a majority of such members for the time being entitled under the Rules to vote as have voted in person [or by proxy]* at a subsequent general meeting, of which notice was duly given, held on the ....................... day of .................................. 19 ........*, pursuant to section 51 of the Industrial and Provident Societies Act, 1893.

See note b.

See note c.

See note c.

See note d.

The resolution to be copied at length.

(It should be clearly stated which society's name and rules are to be used by the amalgamated society)

2. With this application is sent the prescribed fee*.

See note e.

Seal of society

............................................................ .................

Chairman of the first general meeting.

............................................................ .................

Secretary of the first-named society

............................................................ .................

Chairman of the subsequent general meeting.

Registered Office............................................................ ............................................................ ......

[of the A]

Date ............................................................ .............. day of .................., 19..........................

Notes:

a. As this application must be made by each society, the order in which the societies are named must be inverted or changed in each application.

b. To be deleted where each society has amongst its objects and is engaged in the manufacture of butter, cream or any other dairy product.

c. To be deleted if the Rules do not allow proxies.

d. The second meeting must be held not less than 14 clear days nor more than one month after the first meeting.

e. The prescribed fee is 50p.

GIVEN under my Official Seal, this 23rd day of October, 1986.

MICHAEL NOONAN,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

The purpose of these Regulations is to amend certain provisions in respect of registry and procedure under the Industrial and Provident Societies Act, 1893 and the forms to be used for such registry.