(i) in the case of the balance sheet, of the state of the society's affairs as at the end of its financial year, and (ii) in the case of the income and expenditure account, of the income and expenditure of the society for its financial year.
\n
(4)It shall be the duty of the auditor in preparing his report under this section to carry out such investigations as will enable him to form an opinion as to whether— (a) the society has kept proper books of account and records, and (b) the society has maintained a satisfactory system of control over its transactions and records and, in particular, whether subsections (2) and (4) of section 59 have been complied with; and, where the auditor is of opinion that the society has failed to keep proper books of account and records or to maintain a satisfactory system of control over its transactions and records, he shall so state in his report.
\n
(5)Every auditor of a society shall have a right of access at all reasonable times to the books, accounts, records and vouchers of the society and to all other documents relating to its affairs (including deeds relating to property mortgaged to the society), and shall be entitled to require from the officers of the society such information and explanations as he thinks necessary for the performance of the duties of the auditor.
\n
(6)The auditor of a society shall be entitled to attend any general meeting of the society, to receive at least 21 days' notice of the holding of any such meeting (together with any communications relating to such a meeting which any member of the society may receive) and to be heard at any meeting which he attends on any part of the business of the meeting which concerns him as an auditor.
\n
Submission of returns and information.
\n
70.—(1) Every society shall submit an annual return to the Registrar within 21 days after the date of the annual general meeting in such form as he shall direct and shall submit such other information and returns within such period as the Minister or the Registrar may require from time to time.
\n
(2)The annual return shall be signed by two directors and by the secretary or another officer of the society.
\n
(3)The Registrar may at his discretion, on application being made to him in writing, fix a period other than the period referred to in subsection (1) for the submission of the annual return in relation to a society or a particular class or classes of society or all societies.
\n
(4)The auditor of a society shall make a report on the annual return, and a copy of his report shall be attached to the return sent to the Registrar under this section.
\n
(5)The auditor's report on the annual return shall include the following— (a) whether in his opinion the annual return is properly drawn up in accordance with the requirements of this Act and any regulations under this Act, (b) whether the return gives a true and fair view of the matters dealt with in it, and (c) whether the return is in agreement with the accounts and records of the society.
\n
(6)Every member of a society and every depositor with a society shall be furnished on demand with a copy of the most recently available annual return (including the auditor's report thereon) on payment of such fee as may be fixed by the Registrar for this purpose.
\n
(7)Every society shall submit to the Registrar together with the annual return required under subsection (1) a return with respect to— (a) every property which has, during the financial year to which the return relates, been sold by the society in the exercise of its powers as mortgagee, and (b) every mortgage which has been transferred by the society during that financial year.
\n
(8)A person who has effected a mortgage in favour of a society, and any person to whom have passed (whether by operation of law or otherwise) any of the rights or liabilities under such a mortgage of the person who effected it, shall be entitled to be furnished by the society with a copy of so much of any return made under subsection (7) as related to that mortgage.
\n
Liability of officer.
\n
71.—(1) Any provision (whether contained in the rules of a society or in any contract with a society or otherwise) for exempting an officer of a society from, or indemnifying him against, any liability which by virtue of any rule of law would otherwise attach to him in respect of any negligence, default, breach of duty or breach of trust of which he may be guilty in relation to the society shall, subject to subsection (2), be void.
\n
(2)(a) Nothing in this section shall operate to deprive any person of any exemption or right to be indemnified in respect of anything done or omitted to be done by him before the commencement of this section. (b) A society may indemnify such officer against any liability incurred by him in defending proceedings, whether civil or criminal, in which judgment is given in his favour or in which he is acquitted, or in connection with any application under section 72 in which relief is granted to him.
\n
Court's power to grant relief to officer of a society.
\n
72.—(1) Where in any proceedings for negligence, default, breach of duty or breach of trust against an officer of a society it appears to the court hearing the case that that officer is or may be liable in respect of the negligence, default, breach of duty or breach of trust, but that he acted honestly and reasonably and that, having regard to all the circumstances of the case (including those connected with his appointment) he ought fairly to be excused for the negligence, default or breach of duty or breach of trust that court may relieve him (either wholly or partly) from his liability on such terms as the court may think fit.
\n
(2)Where an officer of a society has reason to apprehend that any claim will or might be made against him in respect of any negligence, default, breach of duty or breach of trust, he may apply to the Court for relief, and the Court on any such application shall have the same power to relieve him as it would have had under this section if it had been a court before which proceedings against that person for such negligence, default, breach of duty or breach of trust had been brought.
\n
(3)Where any case to which subsection (1) applies is being tried by a judge with a jury the judge after hearing the evidence may, if he is satisfied that the defendant ought under that subsection be relieved either in whole or in part from the liability sought to be enforced against him, withdraw the case in whole or in part from the jury and direct judgment to be entered for the defendant on such terms as to costs or otherwise as the judge may think proper.
\n
Register of members.
\n
73.—(1) Every society shall keep a register of the names and addresses of its members.
\n
(2)The register shall be kept at the chief office of the society or, with the consent in writing of the Registrar, at one or more offices of the society other than its chief office.
\n
(3)Every society having more than fifty members shall, unless the register is in such a form as to constitute an index, keep an index of the names of the members of the society and shall, within 14 days after the date on which any alteration is made in the register of members, make any necessary alteration in the index, and the index shall at all times be kept at the same place as the register of members.
\n
(4)(a) A member of a society may, for the purpose of communicating with other members on a subject relating to its affairs, request the secretary to transmit to those other members such information as he requires and where the secretary, having regard to the interests of members as a whole and to any other relevant circumstances, is satisfied that the application is made in good faith, he shall comply with the request. (b) Where the secretary of a society complies with a request under paragraph (a) the applicant shall be liable for any costs incurred by the society in complying with the request and the society may require the applicant to give security for payment of costs.
\n
(5)In the event of the refusal of a society to comply with a request under subsection (4), the secretary of the society shall notify the member who made the request of the grounds for such refusal and the member may refer the refusal to the Registrar.
\n
(6)A decision on a request under subsection (4) shall be notified to the member who made the request within a period of one month after the day on which the request is received by the society.
\n
(7)Where an applicant makes a reference to the Registrar under subsection (5), the Registrar may, having heard any representations made by the society, direct the society to comply with the request subject to such limitations or conditions (including conditions relating to the nature of the information to be given, and to arrangements for payment of costs) as the Registrar may think fit.
\n
Register of directors and secretary.
\n
74.—(1) Every society shall keep at its chief office or (with the consent in writing of the Registrar) at one or more of the offices of the society other than its chief office a register containing the following particulars relating to each director and the secretary of the society— (a) his present surname and forenames and any former names, and (b) his present residential address.
\n
(2)A register under this section shall also contain the following particulars relating to each director of a society— (a) his business occupation (if any); and (b) any other directorships held of bodies corporate incorporated in the State.
\n
(3)(a) A society shall, within the appropriate period referred to in paragraph (b), send to the Registrar a return in such form as he may require of the particulars contained in a register under this section and a notification of any change of director or secretary of a society, together with the date of such change. (b) The periods mentioned in paragraph (a) are— (i) in the case of the return, 14 days from the commencement of the section where a society is incorporated before such commencement, and 14 days from the date of appointment of the first directors where a society is incorporated after such commencement, (ii) in the case of a change, 14 days from the change.
\n
(4)Any member of a society or any other person may require a copy of the register, or of any part thereof on payment of such sum as the Registrar may fix, and the society shall cause any copy so required to be sent to the person within a period of ten days after the day on which the request for the copy is received by the society.
\n
(5)A register under this section shall be open to inspection by any member free of charge and by any other person on payment of such sum as the Registrar may fix, subject to such reasonable restrictions as the society concerned may impose at a general meeting, but so that not less than two hours in each day be allowed for inspection.
\n
Commission, insurance, etc.
\n
75.—(1) A society shall not give any commission in consideration of or in connection with the introduction of mortgage business to the society, or in consideration of or in connection with an undertaking to introduce such business.
\n
(2)A society shall not enter into an arrangement with a person having a financial interest in the disposition of an estate (or with any person acting on his behalf) under which, or the effect of which is, that the society will receive commission in consideration of or in connection with the making of, or with a decision or an undertaking to make, a loan in respect of the estate.
\n
(3)A person shall not accept any commission in consideration of or in connection with the introduction of mortgage business to a society, or in consideration of or in connection with an undertaking to introduce such business.
\n
(4)An officer, solicitor or surveyor of a society shall not accept, in addition to the remuneration authorised by the rules of the society, any commission for or in connection with any loan made or proposed to be made by the society.
\n
(5)A director of a society, who is also an auctioneer, shall not accept any commission in his capacity as auctioneer for or in connection with a transaction involving a property for which a loan is made or proposed to be made by the society.
\n
(6)An officer, solicitor or surveyor of a society shall not accept any commission in connection with the effecting of an insurance policy (including a life assurance policy), where— (a) a charge on the policy is given as additional security for a loan made or proposed to be made by the society, (b) the society makes an addition to a loan to enable payment to be made of a premium on the policy, or (c) the policy is taken out to comply with the terms on which a loan is made or proposed to be made by the society.
\n
(7)A society shall not require a borrower to take out, in consideration of or in connection with the making of a loan, a life assurance policy, other than a policy providing, in the event of the death of the borrower before the loan has been repaid, for payment of a sum not exceeding the amount then outstanding on the loan or a policy taken out to provide additional security under section 78 (2).
\n
(8)Subsection (7) shall not apply in relation to a loan in respect of which the sum advanced will, under the terms of the mortgage, be repaid out of the proceeds of a life assurance policy taken out at the time the loan is made on the life of the mortgagor.
\n
(9)A person who gives any commission the acceptance of which is prohibited by subsection (3), (4), (5) or (6) shall be guilty of an offence.
\n
Regulations relating to management of society.
\n
76.—(1) The Minister may, on the recommendation of the Registrar and after consultation with the Minister for Finance and the Building Societies Advisory Committee, make such regulations relating to the management of societies as he considers necessary or expedient for the purpose of securing their proper and efficient management or for the purpose of promoting the orderly and proper regulation of building society business.
\n
(2)Without prejudice to the generality of subsection (1), regulations under this section may provide— (a) for limits (calculated by reference to amounts, percentages or otherwise) on the expenditure that may be incurred by a society for the purpose of or arising from its operation and management, (b) for a code of practice relating to societies, with which societies shall take all practicable steps to comply.
\n
(3)Regulations under this section may apply to all societies or to a specified class or classes of societies, and to all expenditure of the type referred to in subsection (2) (a) or to a specified class or classes of that expenditure, and different limits and different provisions of a code of practice may apply to a specified class or classes of societies, and a class or classes of societies may be so specified by reference to such matters as the Minister, on the recommendation of the Registrar, may consider appropriate.
\n
(4)Where regulations are proposed to be made under this section, a draft of the proposed regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
\n
PART VI
\n
Loans Amounts and purposes of loans.
\n
77.—(1) Whenever the Minister considers it expedient, in the interests of the orderly and proper regulation of building society business and having regard to the demand for loans for house purchase, he may, subject to the consent of the Minister for Finance and after consultation with the Registrar, make regulations in relation to the purposes and amounts of loans by societies.
\n
(2)Without prejudice to the generality of subsection (1), regulations under this section may provide for all or any one or more of the following— (a) the maximum amount of a loan that a society may make; (b) the purposes for which loans may or may not be made by a society; and (c) the maximum amount that a society may lend to a body corporate and the total amount of such loans.
\n
(3)Regulations under this section may be expressed to apply to all societies or to all loans or to a specified class or classes of societies and loans (denoted by reference to such matters as the Minister, with the consent of the Minister for Finance, considers appropriate), and may provide for limits by reference to amounts or to percentages or otherwise and for the application of specified limits to a specified class or specified classes of societies and loans (denoted by reference to such matters as the Minister, with such consent, considers appropriate).
\n
(4)A society shall not make a loan to a body corporate within a period of two years after the society's incorporation or after the granting to it under section 19 of permission to advertise, whichever is the later.
\n
Security for loans.
\n
78.—(1) A loan made by a society shall not exceed the valuation in accordance with section 79 on the freehold or leasehold estate offered as security for the loan.
\n
(2)In determining the amount of a loan a society may take into account the value of any additional security, other than freehold or leasehold estate, which is available in respect of the loan.
\n
(3)The Registrar may give a direction in relation to the classes of security (other than freehold or leasehold estate) which may be taken into account by a society in determining the amount of a loan, and for this purpose may direct the conditions or arrangements which shall apply to the taking into account of a specified class or classes of additional security.
\n
(4)Where a loan is sought for the purpose of defraying the purchase price of an estate and security (other than freehold or leasehold estate) is taken into account in determining the amount of the loan, the amount of the loan shall not exceed that purchase price and shall not exceed by more than 25 per cent the maximum amount which the society would consider it proper to advance on the security of the estate if no other security were taken by the society.
\n
Valuation of security for loans.
\n
79.—(1) It shall be the duty of every director of a society to satisfy himself that the arrangements for assessing the adequacy of the security to be taken in respect of loans to be made by the society are such as may reasonably be expected to ensure that— (a) the adequacy of the security to be taken will be assessed either by the directors or by a director or other officer who is not disentitled by this section to make the assessment, and (b) there will be available to every person who has to assess the adequacy of the security to be so taken a written report prepared and signed by a competent person (who shall not be an officer of the society) experienced in matters relevant to the determination of the value of the security, and (c) the report relates to the value of any freehold or leasehold estate in the security and to any other matter likely to affect the value of the security.
\n
(2)A report by a person who has a financial interest in the disposal of an estate in relation to which a loan is to be made by a society shall not be accepted by the person or persons assessing the adequacy of the security as a report for the purposes of subsection (1) (b).
\n
(3)A person assessing the adequacy of the security for a loan by a society shall not be a person who has a financial interest in the disposal of the estate in relation to which the loan is to be made or a person who is entitled to receive any commission for introducing the parties to the transaction involving that disposition.
\n
Loan on second mortgage.
\n
80.—A society shall not make a loan on the security of any freehold or leasehold estate which is subject to a prior mortgage unless the prior mortgage is in favour of the society making the loan.
\n
Prohibition of balloting for loans.
\n
81.—A society shall not cause or permit applicants for loans to ballot for precedence or in any way permit the making of a loan depend on any chance or lot.
\n
Sale of mortgaged property.
\n
82.—(1) Where an estate mortgaged to a society is sold in exercise of a power given by the mortgage, the society shall pay to the mortgagor a sum equal to the value of the interest in the estate at the disposal of the society, after deducting the amount of the loan then remaining unpaid and any sum due for interest and all costs incurred by the society in the recovery and disposal of the estate.
\n
(2)(a) In exercising any power of sale under a mortgage a society shall ensure as far as is reasonably practicable that the estate is sold at the best price reasonably obtainable. (b) To the extent that any agreement relieves (or may have the effect of relieving) a society or any person from the obligation imposed by paragraph (a), the agreement shall be void.
\n
(3)(a) Where an estate is sold under subsection (1), the society shall, within 21 days after the completion of the sale, send a notice by registered post to the mortgagor at his last known address, containing particulars of the sale in such form as the Registrar may require. (b) Nothing in this section shall affect the operation of any rule of law relating to the duty of a mortgagee to account to a mortgagor.
\n
(4)In this section “mortgagor” means a person to whom a loan is made by a society, and includes the successor in title of such person.
\n
Records of loans.
\n
83.—(1) Every society shall cause records to be kept showing in relation to every loan the amount of the loan, the purpose for which it was made, the value placed on the freehold or leasehold estate, the name of the person by whom the report under section 79 (1) was made and particulars of any additional security taken by the society.
\n
(2)The records required by subsection (1) shall include such other information relative to loans made by the society as the Registrar may from time to time direct.
\n
Discharge of mortgage.
\n
84.—(1) Where in relation to unregistered land within the meaning of the Registration of Title Act, 1964 , all moneys intended to be secured by a mortgage or a further charge given to a society have been fully paid or discharged, the society may endorse on or annex to the mortgage or further charge either a reconveyance of the mortgaged property to the then owner of the equity of redemption (or to such persons and to such uses as he may direct) or a receipt under the seal of the society.
\n
(2)A receipt under this section shall operate to vacate the mortgage or further charge and shall, without any reconveyance or re-surrender, vest the estate of and in the property comprised in the mortgage or further charge in the person for the time being entitled to the equity of redemption.
\n
(3)(a) Where a mortgage or further charge given to a society has been registered in the Registry of Deeds established by the Registration of Deeds Act, 1707, the Registrar under that Act shall, on production of a receipt under subsection (1), make an entry opposite the entry of the mortgage or charge to the effect that the mortgage or charge is satisfied, and shall grant a certificate (either on the mortgage or charge or separately) to the like effect. (b) The power conferred on the Minister for Justice by section 35 of the Registry of Deeds (Ireland) Act, 1832, as adapted by the Registry of Deeds (Ireland) Act, 1832 (Adaptation) Order, 1956 (S.I. 281 of 1956), to fix fees shall include power to fix fees to be paid for making the entry and granting the certificate under this subsection, and any moneys received under this subsection shall be paid into the Exchequer.
\n
(4)A certificate under subsection (3) shall be received in evidence in all courts and proceedings without any further proof, and an entry under that subsection shall have the effect of clearing the register or record of the relevant mortgage.
\n
(5)Where in relation to registered land within the meaning of the Registration of Title Act, 1964 , all moneys intended to be secured by a mortgage given to a society have been fully paid or discharged, the society may issue to the registered owner of the estate a receipt under the seal of the society, which shall, for the purposes of section 65 of that Act, be sufficient proof of the satisfaction of the mortgage.
\n
PART VII
\n
Miscellaneous Registrar of Building Societies.
\n
85.—(1) The Registrar of Friendly Societies shall, for the purposes of this Act, be the Registrar of Building Societies (in this Act referred to as the Registrar).
\n
(2)Any power conferred by this Act on the Registrar to give directions and fix fees shall, except where the context otherwise requires, include power to vary or revoke such directions and to vary such fees.
\n
Annual report by Registrar.
\n
86.—The Registrar shall submit an annual report on the exercise by him of his functions under this Act to the Minister, the Minister for Finance and the Minister for Industry and Commerce, and a copy of the report shall be laid before each House of the Oireachtas.
\n
Guarantee by Minister for Finance of borrowings by societies.
\n
87.—(1) The Minister for Finance may, if he so thinks fit, guarantee in such form and manner and on such terms and conditions as he thinks fit the due repayment by a society of the principal of any moneys borrowed by the society (other than deposits accepted under section 22 (3)), or the payment of interest on such moneys, or both the repayment of the principal and the payment of the interest, together with any incidental expenses arising in connection with such borrowings.
\n
(2)The total amount of the principal remaining outstanding of any moneys the repayment of which is guaranteed under this section shall not exceed £20,000,000.
\n
(3)Where a guarantee under this section is in force, the society in respect of which it is given shall, if the Minister for Finance so requires, give to him such security as may be specified in the request for the purpose of securing to him the repayment of any moneys which he may be liable to pay or has paid under the guarantee.
\n
(4)The Minister for Finance shall, as soon as may be after the end of every year, lay before each House of the Oireachtas a statement specifying with respect to each guarantee under this section given during that year, or given at any time before the commencement of that year and in force at such commencement:— (a) particulars of the guarantee, (b) in case any payment has been made by the Minister for Finance under the guarantee before the end of that year, the amount of the payment and any amount repaid to him on foot of the payment, (c) the amount of principal covered by the guarantee which was outstanding at the end of that year.
\n
(5)All moneys from time to time required by the Minister for Finance to meet sums which may become payable by him under this section shall be advanced out of the Central Fund or the growing produce thereof.
\n
(6)The Minister for Finance may, for the purpose of providing for the advance of sums out of the Central Fund under this section, borrow on the security of the Central Fund or the growing produce thereof any sums required for that purpose and, for the purpose of such borrowing, may create and issue securities bearing such rate of interest and subject to conditions as to repayment, redemption or otherwise as he thinks fit, and shall pay all moneys so borrowed into the Exchequer.
\n
(7)The principal of and interest on all securities issued under subsection (6) and the expenses incurred in connection with the issue of such securities shall be charged on and payable out of the Central Fund or the growing produce thereof.
\n
(8)Moneys paid by the Minister for Finance under a guarantee under this section shall be repaid to him (with interest thereon at such rate or rates as he determines) by the society in respect of which the guarantee was given within two years from the date of the advance of the moneys out of the Central Fund.
\n
(9)Where the whole or any part of moneys required by subsection (8) to be repaid to the Minister for Finance has not been paid in accordance with that subsection, the amount so remaining outstanding shall be repaid to the Central Fund out of moneys provided by the Oireachtas.
\n
(10)Notwithstanding the provision of moneys under subsection (9) to repay the amount to the Central Fund, the society concerned shall remain liable to the Minister for Finance in respect of that amount and that amount (with interest thereon at such rate or rates as the Minister for Finance determines) shall be repaid to the Minister for Finance by the society at such times and in such instalments as he determines and, in default of such repayments and without prejudice to any other method of recovery, shall be recoverable as a simple contract debt in a court of competent jurisdiction from the society concerned.
\n
(11)Moneys paid by a society under subsection (8) or (10) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance thinks fit.
\n
(12)The powers conferred by subsections (1) and (2) shall be deemed to authorise the guarantee by the Minister for Finance of any moneys borrowed by a society from a bank since the 18th day of October, 1973.
\n
Financial year of a society.
\n
88.—A society the financial year of which does not end on a 31st day of December shall, as soon as practicable after the commencement of this section, alter its financial year to the year ending on that date by making up its accounts for one period of more than six months and not more than 18 months ending on a 31st day of December.
\n
Provisions as to evidence.
\n
89.—(1) A certificate of incorporation or of registration or other document relating to a society, purporting to be signed by the Registrar, shall, in the absence of any evidence to the contrary, be deemed to have been signed by the Registrar and shall be received in evidence accordingly.
\n
(2)A printed document purporting to be a copy of the rules of a society and certified by an officer of the society to be a true copy of its registered rules shall, in the absence of any evidence to the contrary, be deemed to be a true copy of its rules and shall be received in evidence accordingly.
\n
Form of registers, records and books of account.
\n
90.—(1) Any register, record or book of account required by this Act to be kept by a society or by the Registrar may be kept either by making entries in bound books or by recording the matters in question in any other manner.
\n
(2)Where any register, record or book of account required to be kept by a society is not kept by making entries in a bound book but by some other means, adequate precautions shall be taken by the person required to keep the register, record or book for guarding against falsification and for facilitating the discovery of any such falsification.
\n
Exemption from stamp duty.
\n
91.—Stamp duty shall not be payable on any of the following instruments— (a) any transfer of a share in a society; (b) any bond or other security (other than a mortgage) to be given to, or on account of, a society or by an officer of a society; (c) any order on an officer of a society for payment of money to a member; (d) any instrument appointing an agent of a society or revoking such an appointment; (e) any other instrument or document other than a mortgage, required or authorised to be given, issued, signed, made or produced in pursuance of this Act, or of the rules of a society.
\n
Offences.
\n
92.—(1) A person who or a society which contravenes a requirement of or under this Act or fails to comply with a requirement of this Act, including in either case a requirement in regulations made under this Act and including any direction given by the Registrar in pursuance of his powers under this Act but excluding any requirement in respect of which an offence is provided for failure to comply with the requirement, shall be guilty of an offence and shall be liable— (a) on summary conviction, to a fine not exceeding £100; or (b) on conviction on indictment, to a fine not exceeding £5,000, and if the contravention or failure in respect of which he or it was convicted is continued after the conviction he or it shall be guilty of a further offence and shall be liable on conviction on indictment to a fine not exceeding £250 for each day on which the contravention or failure is so continued.
\n
(2)Where an offence under this Act is committed by a society or by a person purporting to act on behalf of a society and is proved to have been so committed with the consent or approval of, or to have been facilitated by any wilful neglect on the part of, any person who is an officer of the society, that person shall also be guilty of the offence.
\n
(3)Where a loan is made in contravention of any requirement of or under this Act (including a requirement in any regulations made under this Act) the directors of the society who authorised the loan shall be jointly and severally liable for any loss on the loan occasioned to the society.
\n
Provisions relating to judgments against a society.
\n
93.—(1) Whenever a person (in this section referred to as a judgment creditor) obtains in any court in the State a judgment, order or decree against a society for the payment of a sum of money due to the judgment creditor by the society, the registrar or clerk of the court concerned shall notify the Registrar as soon as may be of the judgment, order or decree and of its terms and of any appeal against the judgment, order or decree and of the result thereof.
\n
(2)Subject to subsection (3), if within the period of twenty-one days beginning on the date of the judgment, order or decree, the society does not pay all moneys due (or, in the case of costs, at the option of the society, give security therefor in lieu of payment) or satisfy all claims under the judgment, order or decree, the society shall be deemed to be unable to meet its obligations to its creditors and for the purposes of section 95 to be unable to pay its debts.
\n
(3)If an appeal is instituted in any court against the judgment, order or decree, that court or the court by which the judgment, order or decree was made may by order postpone the application of subsection (2) for such period and, subject to subsection (4), on such terms as the court concerned may fix and specify in the order.
\n
(4)If a court makes an order under subsection (3), it may require the society to which the order relates, either, as that court thinks fit, to lodge in court an amount equal to the amount of all moneys due under the judgment, order or decree (or such lesser amount as the court may direct) or to give such security as the court may determine for the payment to the judgment creditor of all such moneys, together with, in either case, such further sum or security for the costs of the appeal as the court shall consider just.
\n
(5)An order under subsection (3) may be varied or revoked by the court that made it or before which an appeal in relation to it is brought.
\n
Suspension and cancellation of registration.
\n
94.—(1) (a) Where the Registrar is satisfied that a society has wilfully and after notice from the Registrar violated any provision of this Act or failed to comply with a requirement of or under this Act, he may suspend the registration of the society for a period of not more than three months and may extend the suspension from time to time by not more than three months on each occasion. (b) Where the Registrar is satisfied that a society has ceased to function, he may cancel the registration of the society.
\n
(2)As soon as practicable after a cancellation or suspension under this section takes effect, the Registrar shall cause a notice of the cancellation or suspension to be published in Iris Oifigiúil and in at least one daily newspaper published in the State and circulating in the area in which the chief office of the society is situated.
\n
(3)The Registrar shall, as soon as may be after a cancellation or suspension under this section, notify the Central Bank of the cancellation or suspension.
\n
(4)Where the registration of a society is cancelled or suspended under this section the society may, within the period of two months beginning on the date of receipt of the Registrar's decision, appeal to the Court and the Court may, if it thinks proper, set aside the cancellation or suspension.
\n
(5)Without prejudice to any other provision of this section, the Registrar may cancel the registration of a society at the society's request, evidenced in such manner as he may direct.
\n
(6)Where the registration of a society is cancelled or suspended under this section, the society shall, subject to subsection (4), cease from the coming into effect of the cancellation or suspension (and, in the case of a suspension, for as long as it continues) to enjoy the privileges of a society.
\n
(7)Subsection (6) shall have effect without prejudice to any liability actually incurred by the society and any such liability may be enforced against the society as if the cancellation or suspension had not taken place.
\n
Winding up.
\n
95.—(1) Subject to this section, a society may be wound up in accordance with Part VI of the Act of 1963, and accordingly that Part of that Act shall, subject to any necessary modifications, apply as if the society were a company.
\n
(2)Notwithstanding section 213 of the Act of 1963, a society may be wound up under this section by the Court if— (a) the society has by special resolution resolved that the society be wound up by the Court; (b) the society does not commence its business within a year from its incorporation or suspends its business for a period of twelve months; (c) the society is unable to pay its debts; (d) the Court is of opinion that it is just and equitable that the society should be wound up.
\n
(3)(a) Notwithstanding anything in section 215 (as applied by this section) of the Act of 1963, an application under that section for the winding up of a society may be made by the Registrar. (b) Section 215 (d) of the Act of 1963 shall not apply to the winding up of a society.
\n
(4)The winding up of a society shall not bar the right of the Registrar to have it wound up by the Court.
\n
(5)Part X of the Act of 1963 shall not apply to a society and, notwithstanding anything in that or any other Act, a society may not be wound up except in accordance with this section.
\n
(6)Where a society is being wound up, a person to whom a loan has been made by the society under a mortgage or other security shall not be liable to pay the amount payable in respect of the loan except at the time or times and subject (as may be appropriate) to the conditions set out in the mortgage or other security.
\n
(7)Where a society is being wound up under this section the Court may on the application of the liquidator of the society order that the amount deposited by it under section 20 with the Central Bank, together with any interest accrued thereon, shall vest in the liquidator by his official name, and thereupon that amount and interest shall vest accordingly.
\n
(8)The liquidator shall pay from the amount vested in him under subsection (7) to the persons maintaining deposits with the society the amount of each deposit (including interest credited to such persons) remaining due by the society to such persons or, if the amount so vested in him is insufficient for that purpose, shall distribute it to such persons in proportion to the amount of each such deposit so remaining due, and, before making such payments or distribution, the liquidator shall pay or retain out of the amount so vested in him— (a) any such costs and expenses of the liquidator in relation to the amount aforesaid and to the payments or distribution to such persons as the Court may allow, (b) any sum which satisfies any claim in relation to interest payable by the society by agreement on amounts deposited with the society, and any amount remaining after such use of the said balance shall be included in the assets of the society for the purpose of the winding up.
\n
(9)If the total amount so vested in the liquidator is not sufficient to discharge the claims of the persons among whom he is required by subsection (8) to distribute it, those persons may claim as ordinary creditors of the society in respect of the unsatisfied portion of their claims.
\n
(10)Where the winding up of a society commences within one year after the society has changed its name, the former name as well as the existing name shall appear on all notices and advertisements relating to the winding up.
\n
(11)In this section “company” has the same meaning as in the Act of 1963.
\n
Building Societies Advisory Committee.
\n
96.—(1) The Minister may appoint a body which shall be known as the Building Societies Advisory Committee and is in this section referred to as the Committee.
\n
(2)The Committee may advise the Minister in relation to any matter affecting the operation of building society business and on any other matter relating to building societies referred to it by the Minister.
\n
(3)The Committee shall consist of such number of persons, not being more than nine, representative of the Department of Local Government, the Department of Finance, the Registrar, the Central Bank, the Irish Building Societies Association and such other bodies as he may from time to time consider appropriate, appointed for such period as the Minister thinks fit.
\n
(4)The Minister shall from time to time nominate one member of the Committee to act as chairman thereof.
\n
(5)The Minister may at any time remove any member (including the chairman) of the Committee from office.
\n
Savings, etc.
\n
97.—(1) In so far as any order, regulation, rule, agreement, appeal, application, conveyance, decision, lease, loan, mortgage, payment or reference made or any approval, consent or direction given, requirement imposed, certificate or instrument issued or register kept, resolution passed, notice served or any other thing done under any enactment repealed by this Act could have been made, given, imposed, issued, kept, passed, served or done under a corresponding provision of this Act, it shall not be invalidated by any repeal effected by this Act but shall, if in force immediately before that enactment was so repealed, have effect as if made, given, imposed, issued, kept, passed, served or done (as the case may be) under the corresponding provision of this Act.
\n
(2)The repeals effected by this Act shall not affect the registration or incorporation of any society registered or incorporated under an enactment so repealed, and any such registration or incorporation shall be deemed to be a registration or incorporation under this Act.
\n
(3)Where any act or omission is an offence under an enactment repealed by this Act and that enactment provides a penalty for the continuation of the offence, the continuation of the act or omission after the commencement of this section shall be an offence under the provision of this Act which corresponds to the provision of the repealed enactment creating the offence.
\n
(4)Where, in its application to a particular building society, a period of time specified in a provision (referred to as the repealed provision) of an enactment repealed by this Act has not expired at the commencement of the provision (referred to as the corresponding provision) of this Act corresponding to the repealed provision, the corresponding provision shall have effect as if it had been in operation at the commencement of the period.
\n
(5)A reference in any document to an enactment repealed by this Act shall, unless the context otherwise requires, be construed as a reference to the corresponding provision of this Act.
\n
(6)Where the Registrar, after consultation with the Minister and the Minister for Finance, is satisfied that it would be in the public interest or in the interest of the orderly and proper regulation of building society business to do so, he may declare a society to be a society to which this subsection applies.
\n
(7)The Registrar may not declare a society to be a society to which subsection (6) applies unless written evidence has been produced satisfying him that— (a) the officers and members of the society are linked by trade, occupation or employment in one business undertaking, (b) the funds of the society are used solely to enable members to acquire houses for their own occupation, (c) no fee, emolument or other remuneration is paid to any officer of the society (other than an auditor) from the funds of the society, (d) the society had been incorporated on or before the 5th day of December, 1965, and had begun to carry on business on or before that date, (e) the society has not, since the 5th day of December, 1965, advertised for or otherwise solicited deposits or subscriptions for shares other than from persons in trade, occupation or employment in the business undertaking referred to in paragraph (a), and (f) the society is able to meet its obligations to its creditors, has not suspended any payments lawfully due by it and is not in arrears with any interest due on shares in, or deposits with, the society.
\n
(8)Where the Registrar declares under subsection (6) a society to be a society to which that subsection applies, such requirements of sections 20, 37 and 38 as he shall specify in the declaration shall not apply to the society.
\n
(9)Where the Registrar is of opinion that all of the matters specified in subsection (7) no longer apply to a society, he may cancel a declaration under subsection (6) relating to that society and thereupon all the provisions of sections 20, 37 and 38 shall apply to that society.
\n
(10)A declaration under subsection (6) may be varied by the Registrar after consultation with the Minister and the Minister for Finance.
\n
(11)In this Act “under this Act” shall, where the context requires, include any Act repealed by this Act or the corresponding provision of such a repealed Act, and cognate words and phrases shall be construed accordingly.
\n
SCHEDULE Enactments Repealed
\n
Section 6.
\n
Session and Chapter or Number and Year Short title Extent of repeal
\n
(1)
\n
(2)
\n
(3)37 & 38 Vict., c. 42.
\n
The Building Societies Act, 1874.
\n
The whole Act.
\n
38 Vict., c. 9.
\n
The Building Societies Act, 1875.
\n
The whole Act.
\n
40 & 41 Vict., c. 63.
\n
The Building Societies Act, 1877.
\n
The whole Act.
\n
47 & 48 Vict., c. 41.
\n
The Building Societies Act, 1884.
\n
The whole Act.
\n
57 & 58 Vict., c. 47.
\n
The Building Societies Act, 1894.
\n
The whole Act.
\n
No. 51 of 1936.
\n
Registry of Friendly Societies Act, 1936 Sections 2 (1) (a) and 5 (2); in section 2 (2) (a) the words “in the Building Societies Acts, 1874 to 1894, or”.
\n
No. 9 of 1942.
\n
The Building Societies Act, 1942.
\n
The whole Act.
\n
No. 9 of 1974.
\n
The Building Societies Act, 1974 .
\n
The whole Act.
\n
Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais