S.I. No. 155/1998 - Credit Union Act, 1997 (Fees) Regulations, 1998.


S.I. No. 155 of 1998.

CREDIT UNION ACT, 1997 (FEES) REGULATIONS, 1998.

I, MARY HARNEY, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 101(1) and 182(1)(n) of the Credit Union Act, 1997 (No. 15 of 1997) (as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 305 of 1997 )), after consultation with the Registrar of Friendly Societies, the Credit Union Advisory Committee and the Irish League of Credit Unions, hereby make the following regulations:

1. (1) These Regulations, may be cited as the Credit Union Act, 1997 (Fees) Regulations, 1998.

(2) These Regulations shall come into operation on the 1st day of June, 1998.

2. (1) It is hereby prescribed that the fee to be paid—

(a) for the inspection, or for the furnishing of copies, of any document in the custody of the Registrar in respect of the matter described in column (2) of Part I of the Schedule to these Regulations at any reference number shall be the fee specified in column (3) of that Part opposite that reference number,

(b) for the placing of any document on the public file of a credit union in respect of the matter described in column (2) of Part II of that Schedule at any reference number shall be the fee specified in column (3) of that Part opposite that reference number, and

(c) in connection with the exercise by the Registrar of any of his functions under the Credit Union Act, 1997 , in respect of the matter described in column (2) of Part III of that Schedule at any reference number shall be the fee specified in column (3) of that Part opposite that reference number.

(2) A reference in the Schedule to these Regulations to a provision is to a provision of the Credit Union Act, 1997 , unless it is indicated that reference to some other enactment is intended.

SCHEDULE

PART I

Reference Number

Description of matter

Fee

(1)

(2)

(3)

1

On the inspection of the public file of a credit union section 101(1) (other than by a public authority or a student undertaking research).

£5

2

On the furnishing of uncertified copies of any document in the custody of the Registrar under section 101(1) (other than to public authority or a student undertaking research).

20 pence per copy of any page or extract of any document or portion of any page or extract thereof.

3

Photocopying handling fee where the number of pages exceeds 10 (other than for a public authority or a student undertaking research).

10 pence per page.

4

On the furnishing of printouts of the name and addresses of credit unions (other than to public authority or a student undertaking research).

20 pence per credit union name and address.

5

On the certification by or on behalf of the Registrar of any document or extract of any document (other than to a public authority or a student undertaking research).

£20

PART II

Reference Number

Description of Matter

Fee

(1)

(2)

(3)

1

On application to the Registrar by a credit union under section 34(2) for the recording of a charge on any assets of the credit union.

£20

2

On application to the Registrar by a credit union for the recording of a notice of any release, discharge or other transaction relating to charge on any assets of the credit union where an application has been made under section 34(2).

£20

3

On application to the Registrar by a credit union under section 83(2) for registration of a special resolution.

£20.

4

On application for the filing or registration of any document concerning the winding up of a credit union under the Companies Acts, 1963 to 1990.

£20.

5

On application to the Registrar by a credit union under section 135(5) for the registration of an instrument of dissolution of a credit union and any amendments to it.

£20

PART III

Reference Number

Description of matter

Fee

(1)

(2)

(3)

1

On application to the Registrar under section 7 for the registration of a society as a credit union.

£250

2

On application by a credit union under section 11(2) for approval by the Registrar of a change in a credit union's registered name (save where the Registrar directs a change of name under section 11(5)).

£50

Reference Number

Description of matter

Fee

(1)

(2)

(3)

3

On application under section 12(4) by an association or group of credit unions for approval by the Registrar of the use of a name which includes the words "credit union" or "comhar creidmheasa" or any cognate term or any derivative of those words.

£50

4

On application to the Registrar by a credit union under section 14(2) for the registration of an amendment of the registered rules of a credit union—

(a) where a complete amendment is involved and the rules are in the form of model rules previously approved by the Registrar.

£100

(b) where a complete amendment is involved and the rules are in a form not previously approved by the Registrar, or

£250

(c) where a partial amendment of the rules is involved.

£100

5

On application by a credit union under section 27(3) for the dispensation from section 27(2).

£50

6

On application by a credit union under section 32(4) for a substitution of a higher or lower percentage than that for the time being applicable to the credit union under section 32(3).

£50

7

On application by a credit union under section 35(4) for approval by the Registrar of a larger percentage, in respect of the total amount of outstanding loans made to its non-qualifying members, instead of 10 per cent.

£50

8

On application by a credit union under section 43(5) (b) for permission to dispose of investments which do not fall within section 43(1) at such later date as the Registrar may permit.

£20

Reference Number

Description of matter

Fee

(1)

(2)

(3)

9

On application by a credit union under section 44(5) for consent in writing from the Registrar to increase the percentage applicable to it under section 44(3).

£50

10

On application by a credit union under section 73(3)for approval by the Registrar of such other security by an officer or voluntary assistant of a credit union who has receipt of a credit union who has receipt of charge of money in the credit union.

£20

11

On application by 30 members of a credit union under section 76(4) for the appointment by the Registrar of an accountant to inspect and report on its books and documents.

£100

12

On application by a credit union under section 80(4) for the consent of the Registrar that the notice required under section 80(1) be given by publishing a notice.

£20

13

On application to the Registrar by not less than 30 members of a credit union under section 92(1) for the appointment of one or more inspectors to investigate its affairs or for the calling of a special meeting of the credit union.

£250

14

On application by a credit union to the Registrar under section 111(2) to allow inclusion of corresponding particulars for the preceding financial year in the income and expenditure account, the balance sheet and the auditor's statement for each financial year.

£50

15

On application by a credit union to the Registrar under section 117(3) for approval of the notification to members of the intended resolutions specified in section 117(1) by advertisement.

£20

Reference Number

Description of matter

Fee

(1)

(2)

(3)

16

On transmission by a credit union to the Registrar under section 124(1) of its annual return for the preceding financial year.

Fee equivalent to 0.01 per cent of the total assets of the credit union specified in the annual return (rounded to the nearest£).

17

On application by a credit union under section 124(3) to the Registrar to allow the credit union to make its return up to a date other than the end of a financial year.

£50

18

On application by the parties to a dispute to refer the dispute to the Registrar under section 125(3)—

(a) where the matter is settled without a hearing or in one hearing without adjournment,

£50

(b) for every hearing after the first hearing and for every adjournment.

£50

19

On application under section 129(2) for the consent of the Registrar for a transfer of engagements to be resolved by a resolution of the board of directors.

£50

20

On application by one or more credit unions under section 130(4) for approval by the Registrar of a statement of amalgamation or transfer of engagements.

£50

21

On application by one or more credit unions under section 131(1) for confirmation by the Registrar of an amalgamation or a transfer of engagements.

£50

22

On application by a credit union under section 132 for the consent of the Registrar for the distribution of funds.

£50

23

On application by a credit union under section 135(2) for approval by the Registrar of an intended appropriation or division of any surplus or balance of credit union funds.

£50

GIVEN under the Official Seal, this 13th day of May, 1998.

MARY HARNEY,

Minister for Enterprise, Trade and Employment.

EXPLANATORY NOTE.

The purpose of these Regulations is to set a revised level of fees to be paid to the Registrar of Friendly Societies by credit unions and other specified persons in connection with services provided by his Office under the Credit Union Act, 1997 . These revised fees come into effect on 1 June, 1998.