S.I. No. 324/2018 - Friendly Societies (Fees) Regulations 2018


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 14th August, 2018.

I, HEATHER HUMPHREYS, Minister for Business, Enterprise and Innovation, in exercise of the powers conferred on me by section 96 of the Friendly Societies Act 1896 , as adapted by section 2 (and as adapted by the Jobs, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2017 ( S.I. No. 364 of 2017 )) 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 Departmental 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 Friendly Societies (Fees) Regulations 2018.

2. In these Regulations:

“electronic form” means in relation to the doing of any act specified in the second column of Part 1 of the Schedule to these Regulations the doing of that act by means of the electronic filing system in use by the Registrar of Friendly Societies;

“paper form” means, in relation to a matter specified in the second column of Part 1 of the Schedule to these Regulations:

(a) the filing of a document or an application in paper form, or

(b) the inspection of a document or an application submitted in paper form, or

(c) the submission of a document in paper form.

3. (1) The fees to be paid to the Registrar of Friendly Societies are those set out in the third and fourth columns of Part 1 of the Schedule to these Regulations opposite the mention of the matter specified in the second column of the Schedule.

(2) No fee shall be payable for the services specified in Part 2 of the Schedule to these Regulations.

4. The Friendly Societies (Fees) Regulations 1995 ( S.I. No. 6 of 1995 ) are hereby revoked.

SCHEDULE

Part 1

Table of Fees.

Reference Number

Matter in respect of which Fee is payable

Fee:Paper form

Fee: Electronic form

1

Acknowledgement of registry of an amendment of rules of a Specially Authorised Society:

(a) Complete amendment

€30.00

€15.00

(b) Partial amendment

€30.00

€15.00

2

Acknowledgement of registry of an amendment of rules of a Specially Authorised Society which is registered under the Special Authorities Regulations dated 16th May, 1896, 13th April, 1903 and 15th August, 1917, and which contains in its rules provisions (a) and (b) of the Societies Borrowing Powers Act, 1898:

(a) Complete amendment

(b) Partial amendment

€30.00€30.00

€15.00€15.00

3

Registry of a special resolution by any society other than a change of name

€15.00

Not applicable

4

Registry of a special resolution by any society for approval of a change of name

€100.00

€50.00

5

Direction to transfer stock

€50.00

Not applicable

6

Appointment of an inspector

€200.00

Not applicable

7

Calling of a special meeting

€130.00

Not applicable

8

Determination of the Registrar on a dispute or his/her award for dissolution or distribution of funds:

(i) where the matter is settled without a hearing or on one hearing without an adjournment

(ii) where more than one hearing is required the same fee as at (i) together with for every hearing after the first and for every adjournment

(iii) award for appropriation or division of assets of a society or branch (a) where the assets do not exceed €250.00 (b) for every additional €125.00*

€60.00€60.00€60.00€13.00

Not applicable

*Provided that where application is made for investigation into the affairs of a society with a view to dissolution thereof on the grounds that the rates of contribution fixed in the rules of the society are insufficient to cover the benefits assured, the Registrar, before making his/her award, may require the payment of such fees as he/she deems fit not exceeding the relevant fees specified at Reference Number 13.

ReferenceNumber

Matter in respect of which Fee is payable

Fee:Paper form

Fee:Electronic form

9

Order dispensing with consents and conditions for amalgamation or transfer of engagements:

(i) where the matter is settled without a hearing or on one hearing

(ii) for every hearing after the first and for every adjournment

€60.00€60.00

Not applicable

10

Filing of notice of change of registered office

€15.00

Nil

11

Filing of notice of appointment of trustees

€30.00

Not applicable

12

Filing of a society’s annual return

€40.00

€20.00

13

Exemption from valuation of society which periodically divides its funds or in the case of any society where the requirement has been dispensed with pursuant to Section 28 (5) of the Friendly Societies Act, 1896

€130.00

Not applicable

14

Where a society desires its valuation to be carried out by an actuary to be named by the Registrar:

If the number of members does not exceed 150

If over 150 but not exceeding 250

If over 250 but not exceeding 350

If over 350 but not exceeding 500

If over 500 but not exceeding 700

If over 700 but not exceeding 1000

For every 500 members or portion thereof exceeding 1000

€190.00

€250.00

€320.00

€380.00

€500.00

€600.00

€120.00

Not applicable

15

Notice of establishment of a branch, or the rules of such branch or any amendment thereto

€25.00

Not applicable

16

Filing of an instrument of dissolution or any amendment thereto

€100.00

Not applicable

17

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

€12.00

€12.00

18

(a) Inspection of a society file

€6.00

Not applicable

(b) Copy or extract of any document (in addition to fee for Registrars signature or seal)

€3.00

€2.50

19

Printout of names and addresses of societies

€3.50

€3.50

Part 2

Services for which no fee is payable.

1. Acknowledgement of registry of any amendment of rules of, all class of societies, other than Specially Authorised Societies, under the Friendly Societies Acts 1896 to 2014.

2. Cancellation or suspension of registry of a society.

3. Any document or copy document supplied to a public department.

4. Any document or copy document in respect of which a fee is otherwise chargeable under the Friendly Societies Acts 1896 to 2014, or under any other Act.

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

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GIVEN under my Official Seal,

3 August 2018.

PASCAL DONOHOE,

Minister for Public Expenditure and Reform.

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GIVEN under my Official Seal,

1 August 2018.

HEATHER HUMPHREYS,

Minister for Business Enterprise and Innovation.

EXPLANATORY NOTE

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

These Regulations set out the fees to be paid to the Registrar of Friendly Societies in respect of matters under the Friendly Societies Acts 1896 to 2014.