S.I. No. 363/2018 - Industrial and Provident Societies (Forms) Regulations 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st September, 2018.

I, HEATHER HUMPHREYS, Minister for Business, Enterprise and Innovation, in exercise of the powers conferred on me by section 74 (1) of the Industrial and Provident Societies Act 1893 (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 )), hereby make the following Regulations:

1. These Regulations may be cited as the Industrial and Provident Societies (Forms) Regulations 2018.

2. In these Regulations:

“Act of 1893” and “the Act” means the Industrial and Provident Societies Act 1893 ;

“Act of 1913” means the Industrial and Provident Societies (Amendment) Act 1913 ;

“Act of 2014” means the Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Act 2014 ;

“Registrar” means the Registrar of Friendly Societies.

3. The Industrial and Provident Societies (Forms) Regulations, 1894 (S.I. 731 of 1894), the Industrial and Provident Societies (Forms) Regulations, 1914 (S.I. 1551 of 1914) and the Industrial and Provident Societies (Forms) Regulations, 1986 (S.I. 351 of 1986) are hereby revoked.

Applications to register society or an amendment of rules

4. Every application to register a society under the Act of 1893 (as amended by the Act of 1913 and as amended by the Act of 2014), shall be in Form A, subjoined into these regulations, and shall be sent to the Registrar.

5. An amendment of the rules of a society may be either:

(a) a partial amendment, consisting of the addition of a new rule or rules, or part of a rule or rules, to the existing rules, or the substitution of a new rule or rules, or part of a rule or rules, for any existing rules, or any part thereof, or a rescission of any of the existing rules, or any part thereof, without any substitution, or more than one or all of these modes; or

(b) a complete amendment, consisting of the substitution of an entire set of rules for the existing set of rules, and bearing at the beginning the words “all previous rules rescinded."

6. An application to register a partial amendment of rules must be made by the secretary of the society, in Form B, and must be sent to the Registrar, accompanied by:

(a) a statutory declaration in Form C; and

(b) two copies of the new rules as they have been altered following the proposed changes and the copy of the new rules must be signed by three members and the secretary.

7. An application to register a complete amendment of rules must be made by the secretary of the society in Form D, and must be sent to the Registrar, accompanied by:

(a) a statutory declaration in Form C; and

(b) two copies of the new rules as they have been altered following the proposed changes and the copy of the new rules must be signed by three members and the secretary.

Cancelling and suspension of registry

8. Every request to cancel registry shall be sent to the Registrar in Form F, and shall name some newspaper circulating in or about the locality in which the registered office of the society is situated. Wherein it is desired that the cancelling of registry shall be published, and shall be accompanied by the sum requisite to defray the expense of such publication, and by the further sum requisite for publication of such cancelling in Iris Oifigiúil.

9. Where application is made to cancel registry under the compulsory powers of the Registrar, the Registrar may require such application to be supported by such statutory declaration as the Registrar may direct.

10. Notice before cancelling of registry shall be in Form G.

11. Notice before suspension of registry shall be in Form GB.

12. Notwithstanding Regulation 11, notice before cancelling of registry shall be in Form GA where that form is appropriate.

13. The cancelling of registry shall be in Form H, and the suspension or renewal of suspension of registry shall be in Form I.

14. The advertisement of cancelling or suspension shall be in Form JS.

15. The notice for the advertisement of cancelling a society at its own request shall be in Form J.

Registered office

16. Every notice of a change in the situation of the registered office of a society shall be sent to the Registrar within 14 days after every such change in Form K. Notice of the situation of the registered office of a society on first registry shall be deemed to be given by the rules and by submission of Form A.

Inspection of books by order of the Registrar

17. Every application to the Registrar to appoint an accountant or actuary to inspect the books of a society shall be in Form L.

Nominations

18. Every registered society shall keep a record or register of all nominations made by the members, and of all revocations and variations of the same, and for the recording or registering of every such nomination, revocation, or variation the rules of the society may require the member nominating to pay a sum not exceeding €1.

Transfer of stock

19. Every application to the Registrar to direct a transfer of stock shall follow as near as may be Form M, and shall be accompanied by a statutory declaration in Form N, or as near thereto as the facts admit, and by the certificate of the stock in respect of which the application is made.

20. Before making the application the society shall submit to the Registrar for examination a draft copy of the proposed application and declaration.

21. The Registrar, before directing the transfer, may require such further proof of any statement in the application as may seem to him or her to be necessary.

22. The Registrar shall give his or her direction in Form O, so framed in each case as to suit the particular circumstances.

Disputes

23. Every reference of a dispute to the Registrar shall be written in Form P.

24. Every notice of hearing by the Registrar and every requisition for the attendance of parties and witnesses, and the production of books and documents, shall be in Form Q.

25. Where it is necessary to enforce the attendance of a particular witness, or the production of a particular document, notice shall be in Form R.

26. If an order for discovery is necessary it shall be in Form S.

27. The determination and order of the Registrar shall be in Form V, or as near thereto as the circumstances of the case may in his or her judgement allow.

Inspectors and special meetings

28. An application for appointment of inspectors or for calling a special meeting shall be sent to the Registrar, written in Form W, and shall be accompanied by a statutory declaration in Form X, signed by at least three of the applicants.

29. The appointment of inspectors shall be in Form Y, or as near thereto as circumstances may allow.

30. The notice of special meeting shall be in Form Z.

31. The chairman of the special meeting shall report to the Registrar as he or she may direct in Form ZA.

Special resolution

32. Every application for approval of change of name must be made in Form AA, and must be sent to the Registrar, accompanied by a statutory declaration in Form AB.

33. Every application to register a special resolution for the amalgamation of societies must be made by each of the societies in Form AC, and must be sent to the Registrar, accompanied by statutory declarations from officers of each society in Form AB. No acknowledgement of registry shall be given to either society until special resolutions in the like terms have been submitted for registry by the other or others.

34. Every application to register a special resolution for the transfer of the engagements of a society to another must be in Form AD, and must be sent to the Registrar accompanied by statutory declarations in Forms AB and AE.

35. Every application to register a special resolution for converting a society into a company must be in Form AF, and must be sent to the Registrar, accompanied by a statutory declaration in Form AB.

36. An application for registry of a special resolution for amalgamation with a company, or for transfer of engagements to a company, shall be in Form AC, or Form AD, as the case may be, with the necessary modifications to suit the facts, and shall be accompanied by statutory declarations in Forms AB and AG.

37. Where the special resolution is for conversion into, amalgamation with, or transfer of all the engagements of a society to a company, the following words shall be added:

“The registry of the ....................................... Society is hereby cancelled (or directed to be cancelled).

Registrar”

Dissolution

38. Every instrument of dissolution shall be in Form AH, and shall be accompanied by a statutory declaration in Form AI, and by a statement naming some newspaper circulating in or about the locality in which the registered office of the society is situated, wherein it is desired that notice of the dissolution shall be published, and shall be accompanied by the sum requisite to defray the expenses of such publication, and by the further sum requisite for the like publication in Iris Oifigiúil.

39. The Registrar shall acknowledge registry in Form AK.

40. Alterations in the instrument of dissolution shall be signed, declared to, and registered in like manner.

41. The advertisement of dissolution by instrument shall be in Form AL.

42. Every award of the Registrar for distribution of funds shall be in Form AP.

43. The notice of a proceeding to set aside a dissolution shall be in Form AY, and the notice of an order setting aside a dissolution in Form AZ.

Modification of forms

44. The forms hereto annexed may be modified to suit particular cases, by authority of the Registrar.

GIVEN under my Official Seal,

13 September 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.)

The purpose of these Regulations is to prescribe the forms to be used for the purposes of certain provisions of the Industrial and Provident Societies Acts 1893 to 2014.