Industrial and Provident Societies Act of 1920 (10 Geo v No. 32) (Qld)
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9292 SHIPPING.-SOCIETIES. Industrial and Provident Societies Act. 10 GEO. V. No. 32~ rates, dues, and charges,' and shall be accounted for to the Treasurer and be by him paid into the Consolidated Revenue Fund. Every vessel, ;not later than twenty-four hours after arrival and twenty-four hours prior to departure, shall be reported by the owner, master, consignee, or agent~ at the Harbour Office at the port of entry or departure~ on the forms provided for that purpose, and for any neglect to do so the owner, master, consignee, or. agent shall be liable to a penalty not exceeding five pounds. Repeal of 5. The First Schedule of *" The Port Dues Revision FScirhsetdule. . Act of 1882" is repealed. SHOPS AND FACTORIES. See LABOUR. SOCIETIES. 10 N G o e . n 3 . 2 V . . An Act to make better provision for Industrial and THE Provident Societies. INDUSTRIAL BE' E PRO~ ~ ~ ENT AC SO T C O IE F T l I l E J2 S 0. [ASSENTED TO 11TH .MARCH, 1920.] It enacte d b y t h e K' mg ' s M ost xce 11 ent M aJ ' esty. _ by and with the. advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- ShorttitJe 1. This Act may be cited as "The Industrial and : ~ !mence. Provident Societies Act of 1920," and shall come into ment of Act. operation on the first day of May, one thousand nine hundred and twenty. Amendment 2. (1.) The following amendments are made in oSfocFireiteiensdly t" The Friendly Societies Act of 1913" : - Act. (a) In section two the definition of "Industrial Trading Societies" is repealed ; (b) In section eight the paragraph (ii.) "Industrial Trading Societies" is repealed; * 46 Vie. No. 12, supra, page 3134. t 4 Geo. V. No. 13, 8upra, page 5991.
SOCIETIES. s.3. 9293 1920. Industrial and Provident Societies Act. (c) In paragraph (a) of subsection (ii.) of section twenty-four the words " industrial trading societies" are· repealed; (d) In subsection three of section twenty-seven the words "or to industrial trading societies or their branches" are repealed; (e) In section thirty-four of the Second Schedule the words" Industrial Trading Societies and" are repealed. (2.) Every subsisting industrial trading society regis- ~ xistin! l tered under *" T . he Friendly Societie . s Act of 1913" shall t m r d a u d ~ I t n r g lal on the commencement of this Act cease to be so societies registered, and shall forthwith be registered without fee as an industrial and provident society under this Act; and the rules of each such society shall, so far as they are not inconsistent with this Act, continue in force until altered or rescinded. 3. (1.) In this Act, unles!3 the context otherwise Definitions. rreesqpueicret sI· V, et1hyeasfsol. lglnoewdintg 0 ttheremms, ths. haat llI. S htoavseayth: - e. meanings c5. 63 & 9, 5 B 7 . V79ic. t. "Amendment of Rule" includes a new rule, and a Amendment resolution· rescinding a rule; of Rule. " Committee"-The committee of management or Committee. other directing body of a society; "Companies Act"- t~ ' The Companies Acts, 1863 Companies to 1913," or any Act for the time being in Act. force in Queensland relating to Joint Stock Companies; "Court of Petty Sessions"-A police magistrate or, Court of when permitted, any two or more justices ~ettl sitting in petty sessions under t" The Justices eBB10nB. Acts, 1886 to 1909" ; " Land" includes hereditaments and chattels real, Land. of whatever description; "Meeting" includes, when the rules so allow, a Meeting. meeting of delegates appointed by members; " Office"-The registered office for the time being Office. of a society; * 4 Geo. V. No. 13, supra, page 599l. t 27 Vic. No. 4 and amending Acts, supra, pages 186 et seq. and 5829. t 50 Vic. ~ o. 17 and amending Acts, supra, pages 1132 et seq.
9294 s.3. SOCIETIES. Indtf,Strial and Provident Societies Act. 10 GEO. V. No. 32, Officer. Persons claiming through a. member. Property. Registered Society. Registrar. Rules. This Act. " Officer" extends to a trustee, treasurer, secretarYt member of the committee, manager, or servant other than a servant appointed by the com- mittee, of a society; "Persons claiming through a member" includes the executors, administrators, and assigns of a. member, and also his nominees where nomination is allowed; "Property "-AlI real and personal estate, including books and papers; " Registered Society "-A society registered under this Act; "Registrar"-The Registrar of Friendly Societies appointed under *" The Friendly Societies Act of 1913" or bis deputy; " Rules' ~ - The registered rules for the time being of a society: the term includes any registered amendment of rules; "This Act "-This Act and all regulations made thereunder. Meaning of (2.) For the purposes of this Act a special resolution srepseocliualtion. means a resolution which is- 56 & 57 Vict. c. 39, s. 51. (a) Passed by a majority of not less than three- fourths of such members of a registered society for the time being entitled under the rules to vote as have voted in person, or by proxy (Where the rules allow proxies) at any general meeting of which notice, specifying the intention to propose the resolutions, ha.s been duly given according to the rules; and (b) 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 (Where the rules allow proxies) at a subsequent general meeting of which notice has been duly given, held not less than fourteen days nor more than one month from the day of the meeting at which such resolution Was first passed. At any meeting mentioned in this subsection a declaration by the chairman that the resolution has been carried shall be conclusive evidence of the fact. * 4 Geo. V. No. 13, supra, page 5991.
SqCIETIES. ss. 4-6. 9295 1920. Industrial and Provident Societies Act. 4. A society which may be registered under this Societies Act (herein called an industrial and provident society) ~ hich .may is a society for carrying on any industries, businesses, or t: r:~ ~ s. trades specified in or authorised by its rules, whether 56 ~ 57 ~ ict. wholesale or retail, and including dealings of any descrip- c. ,s.. tion with land: Provided that- (a) No member other than a registered society shall have or claim any interest in the shares of the society exceeding one hundred pounds; (b) In regard to the business of banking, the society shall be subject to the provisions hereinafter contained; le) No society can be registered which does not consist of seven persons at least ; (d) No society can be registered under a name identical with that under which any other existing society is registered, or in any name likely, in the opinion of the registrar, to mislead the members or the public as to its nature or its identity; (e) The word" limited" shall be the last word in the name of every society registered urider this Act. 5. For the purpose of registry an application to Application rseegcirsettearryt,heansdoctiwetoy, psrmi. gtneedd cboypI.essev 0 efn tmheemrub I eerss, ashnaldlbtrheeegf 5 ol 6 rs. & rta 57 o t V i' nic. t. sent to the registrar : c3. & 3 4 9, G s e . o 5 . . V. Provided that a society consisting solely of two or c. 31, s. l. more registered societies may be registered if the applica- tion to register the society is signed by two members of the committee and the secretary of each of the constituent societies, and is accompanied by two printed copies of the rules of ~ ach such society. 6. (1.) The rules of every society sent for registry Provisions as shall contain provisions in respect of the several matters to x:u 1es and set forth in the First Schedule to this Act.. : g~ t~ ~ · Vict. . . c. 39, ss. 6. (2.) The registrar, on being satIsfied that a sOCIety 8,10. i: has complied with the provisions of this Act as to registry, ~ ~~ : . & IV. shall issue to such society an acknowledgment of registry in Form No. 1 of the Fourth Schedule to this Act.
9296 ss. 7, 8. SOCIETIES. Indttstrial and Provident Societies Act. 10 GEO. V. No. 32, (3.) The acknowledgment of registry shall be con- clusive evidence that the society therein mentioned is duly' registered, unless it is proved that the registry of the society has been suspended or cancelled. (4.) An amendment of a rule of a registered society shall not be valid until the same has been registered under this Act, for which purpose two copies of the same, signed by three members and the secretary, shall be sent to the registrar. The registrar shall, on being satisfied that any amendment of a rule is not contrary to the provisions of this Act, issue to the society an acknowledgment of registry of the same in Form No. 2 of the Fourt,h Schedule to this Act, which shall be conclusive evidence that the same is duly registered. (5.) The rules of a registered society, or any schedule thereto, may set forth the form of any instrument neces- sary for carrying the purposes of the society into effect. •> (6.) The rules of every registered society shall pro- vide for the profits being appropriated to any purposes stated therein or determined in such manner as the rules direct. Incorpora- 7. The registration of a society shall render it a ! ~Ocie~ ; with body corporate by the name described in the acknowledg- l~mi~ ~ d ment of registry, by which it may sue and be sued, with h56ab & lh5t7y. Vict. perpet uaI succeSSI.On anda commIon seda, an Wl 'th Il' ml' ted c. 39, s. 21. liability; and shall vest in the society all property for the time being vested in any person in trust for -the society. All -legal proceedings pending by or against the trustees of any such society may be prosecuted by or against the society in its registered name without abatement. W~ en 8. (1.) The registrar may refuse registration of rmegaIySrterafruse to any ruIe or amend ment 0 f ruIes whl'Ch,I.n hl' Et Op.ln.IOn,- register rules. (a) Would adversely ~ffect the financial position of a society to the eFtent of unduly reducing the assets; or (b) Imposes any unreasonable condition affecting the rights of members or inequitable provision relating to the settlement of disputes or the terms of secession of members.
SOCIETIES. ss. 9-13. 9297 1920. Industrial and Provident Societies A.ct. (2.) The registrar may require the revision or amendment of any rule or rules, whether registered or submitted for registration, containing any such provisions. 9. Subject to this Act, the rules of a registered Rules to saonc d ieatyll sphearlslobnsincdlatihmeinsgoctihertyouagnhd tahlelmmeremsbpeercstI . vtheelyretoof 5mb6ien & md b5e7rVs. ict. the same extent as if each member had subscribed his C. 39, S. 22. name and affixed his seal thereto and there were contained in such rules a covenant on the part of such member, his executors, administrators, and assigns, to conform thereto. 10. (1.) If the registrar refuses to register the society Appeals or any ~ rules or amendments of rules, the societ • y may ft 0 rormegI ~ S eft e U r Sal appeal from such refusal to the Supreme Court. lb. s. 7. . (2.) If the refusal of registry is overruled on appeal, an acknowledgment of registry shall thereupon be given to the society by the regist,rar. 11, (1.) All rules or amendments of rules forwarded Rules,&c., to to the registrar in pursuance of this Act and all docu- be recorded. ments by this Act required to be sent t~ the registrar, lb. s. 56. shall be deposited With the rules of the. societies to which the same respectively relate, and shall be registered or recorded by the registrar with such observations thereon, if any, as he thinks fit. (2.) A copy of every special resolution for any of the purposes of this Act, signed by the chairman of the meeting and countersigned by the secretary, shall be sent to the registrar's office and registered there. UntH such copy is so registered, such special resolution shall not take effect. 12.(1.) No society can change its name without the Change of sanction of the Attorney-General. ~ ~ ~ · 52. (2.) A society may, by special resolutton, with the approval in writing of the Attorney- Gener~l, change its name. But such change shall not affect any right or obliga- tion of the society or of any member, and notwithstanding its new name any pending legal proceedings may be continued by or against the society or the trustees or any authorised officer. 13. The provisions set forth in the Second Schedule Rul~ s aB to , to this Act governing the business proceedings and o bU f S S l O ll C ~ I S e S tl ~ e & s C . .• property of societies shall be observed. Schedule n. ,
9298 s.14. SOCIETIES. Industrial and Provident Societies Act. 10 GEO. V. No. 32, saCinaodnncsoeuflslipnegn. socie 1 ty 4. by (1. w ) rTithinegruegnidsetrrahrismhayancdan- cel the registry of a registry. 56 £ 57 Vict. c. 39, s. 9. (a) If at any time it is proved to his satisfaction that the number of the members of the society has been reduced to less than seven, or that an acknowledgment of registry has been obtained by fraud or mistake, or that the society has ceased to exist ; (l) If he thinks fit, at the request of a society, to be evidenced in such a manner as he from time to time directs ; (c) With the approval of the Attorney-General, on proof to the registrar's satisfaction that the society exists for an illegal purpose, or has wilfully and after notice from the registrar violated any of the provisions of this Act. (2.) The registrar, in any case in which he might, with the approval of the Attorney-General, cancel the registry of a society, may suspend the sam~ , by writing under his hand, for any term not exceeding three months, and may, with the approval of the Attorney-General, renew such suspension from time to time for the like period. (3.) Not less than two months' previous notice in writing, specifying briefly the ground of any proposed cancelling or suspension of registry, shall be given by the registrar to a spciety before the registry of the same can be cancelled (except at its request) or suspended; and notice of every cancelling or suspension shall be published in the Gazette, and in some newspaper circulating in the locality in which the registered office of the society is situated, as soon as practicable after the same takes place. (4.) A society may appeal from the cancelling of its registry, or from any suspension of the same which is renewed after three months in manner herein provided for appeals from the registrar's refusal to register. (5.) A society whose registry has been suspended or cancelled shall, from the date of publication in the Gazette of notice of such suspension or cancelling (but, if sus- pended, only whilst such suspension lasts, and subject also to the right of appeal hereby given), absolutely ceaso to enjoy as such the privileges of a registered society, but without prejudice to any liability actually incurred by such society, which may be enforced against the same as if such suspension or cancelling had not taken place.
SOCIETIES. ss. 15-17. 9299 1920. Indtlstrial and Provident Societies Act. draw 1 a 5 b . le (1 s . h ) aNreo craepgI. itsatlersehdalslocciaetryrywohnichthheasbauns' my e w s i s th 0 _ C fo o b n f y d bs i oa t nc i ike ~ mt n ie s gs. banking. 56 & 57 Vict. c. 39, s. 19. (2.) Every registered society which carries on the business of banking shall on the first Mondays in February and August in each year make out and keep (until replaced by a later statement) conspicuously hung up in its registered office, and every other office or place of business belonging to it where the business of banking is carried on, a statement in the form in the Third Schedule Schedule III to this Act, or as near thereto as the circumstances admit. (3.) The taking deposits of not more than ten shillings in anyone payment, nor more than twenty pounds for anyone depositor, payable on not less than two clear days' notice, shall not be included in the business of banking within the meaning of this Act; but no society which takes such deposits shall make any payment of withdrawable capital while any claim due on account of any such deposit is unsatisfied. 16. Notwithstanding any Act to the contrary, a Exemption registered society shall not be chargeable under any State ! ~ ~: ne tax Income Tax Act unless the number of shares of the lb. s. 24. society is limited either by its rules or its practice. But no member of or person employed by the society shall be exempt from any assessment to the said tax to which he would be otherwise liable. 17. Any register or list of members or shares kept Register of tbhye a f n 0 1 y 1 oswo ' mcigetpyarsthl . Calul 1 abres e p n r t i e m re a d fa t c h ie e ' reevmid: e-nce of any of sm l h b ea . mr s e . bs. 3 er 4 s . or (a) The names, addresses, and occupations of the members, the number of shares held by them respecti vely, the numbers of sllch shares. if they are distinguished by numbers, and the amount paid or agreed to be considered as paid on any such shares; (b) The date at which the name of any person, company, or society was entered in such register or list as a member; (c) 'rhe date at which any such person, company, or society ceased to be a member.
~ 300 ss. 18-20. SOCIETIES. Industrial and Provident Societies Act. 10 GEO. V. No. 32, Holding of 18. A registered society may (if it"! rules do not ~6n! 57 Vict. direct otherwise) hold, purchase, or take on lease in its c. 39, s. 36. own name any land, and may sell, exchange, mortgage, lease, 01' build upon the same (with power to alter and pull down buildings and again rebuild). No purchaser, assignee, mortgagee, or tenant shall be bound to inquire as to the authority for any sale, exchange, mortgage, or lease by the society. The receipt of the society shall be a pischarge for all moneys arising from or in connection with such sale, exchange, mortgage, or lease. Amalgama. 19. (1.) Any two or more registered societies may, ttrioannsafnerd of by special resolution of all such societies, become engage- amalgamated together as one society, with or without mlbe.n s t . s. 53. any dissolution or division of the funds of such societies or any of them, and the property of such societies shall become vested in the amalgamated society without the necessity of any form of conveyance other than that contained in the special resolution amalgamating the societies. (2.) Any registered society may by special resolution transfer its engagements, to any other registered society which undertakes to fulfil the engagements of such society. Conversion of society into com- pany. lb. s. 54: 20. (1.) A registered society may by special resolu- tion determine to convert itself into a company under the CompaniesAct, or to amalgamate with or transfer its engagements to any such company. (2.) If a special resolution for converting a registered society into a company contains the particulars by the CompaniesAct required to be contained in the memo- . randum of association of a company, and a copy thereof has been registered at the office of the registrar of joint stock companies, a copy of such resolution under the seal or stamp of the said office shall have the same effect as a memorandum of association duly signed· and attested under the Companies Act. (3.) If a registered society is registered as, or amalga- mates with, or transfers all its engagements to a company, the registry of such society under this Act shall thereupon become void, and the same shall be cancelled by the registrar.
SOCIETIES. s. 21. 9301 1920. Ind1lstrial and Provident Societies Act. The registration of a society as a company shall not affect any right or claim for the time being subsisting against such society, or any penalty for the time being incurred by such society. For the purpose of enforcing any such right, claim, or penalty, the society may be sued and proceeded against in the same manner as if it had not become registered as a company. Every such right or claim, or the liability to such penalty, shall have priority, as against the property of such company, over all other rights or claims against or liabilities of the company. 21. (1.) A company registered under the Companies Conversion ~ct ~ ay, by a ~ pecial res?lution, determiJ?-e to conve~ t f~ t~ Os~ ~ : ~ : Itself mto a regIstered sOCIety, and for thIS purpose, III 56 & 57Vict. any case where the nominal value of its shares held by c. 39, s. 55. any member other than a registered society exceeds one hundred pounds, may by such resolution provide for the conversion of the excess of such share capital over one hundred pounds into a, transferable loan stock, bearing such rate of interest as may thereby be fixed, and repay- able on such conditions only as are in such resolution determined. (2.) A resolution for the conversion of a company into a registered society shall be accompanied by a copy of the rules of the society therein referred to, and shall appoint seven persons, members of the company, who, together with the secretary, shall sign the rules, and who may either be authorised to accept any alterations made by the registrar therein without further consulting the company, or may be required to lay all such alterations before the company in general meeting for acceptance, as the resolution may direct. (3.) With the rules a copy of the special resolution for conversion of the company into a registered society shall be sent to the registrar, who, upon the registration of the society, shall give to it, in addition to the acknow- ledgment of registry, a certificate similarly sealed or signed that the rules of the society referred to in the resolution have been registered, but in the registered name of the company as a society the word "company" shall not be used. (4.) A copy of the resolution for the conversion of the company. into a registered society under the seal
9302 ss. 22-24. SOCIETIES. Industrial and Provident Societies Act. 10 GEO. V. No. 32, of the company, together with the certificate so issued by the registrar, shall be sent for registration to the office of the registrar of joint stock companies, and upon the registration of such resolution and certificate the conversion shall take effect. (5.) Upon the conversion of a company into a registered society the registry of the company under the Companies Act shall become void, and shall be cancelled by the registrar of joint stock compal1.ies. The registration of a company as a registered society shall not affect any right or claim for the time being subsisting against the company, or any penalty for the time being incurred by such company. :I!"'or the purpose of enforcing any such right, claim, or penalty the company may be sued and proceeded against in the same manner as if it had not become . registered as a society. Every such right or claim, and the liability to such penalty, shall have priority as against the property of such society over all other rights or claims against or liabilities of the society. Saving 22. An amalgamation or transfer of engagements in , ~r~ l~ ~ . pursuance of this Act shall not prejudice any right of a 56&57Vict. creditor of any registered society party thereto. c. 39,8.57. Provisions as to dissolution of societies. lb. s. 58.' 23. A registered society may be dissolved- (a) By an order to wind up the society, or a resolution for the winding up thereof, made as is directed in regard to companies by the CompaniesAct, the provisions whereof shaH apply to any such order or resolution, except that the term "registrar" shall for the purpose of such winding up have the meaning given to it by this Act; or (b) By the consent of three-fourths of the members testified by their signatures to an instrument Ill! dissolution. Dissolution 24. On dissolution or transfer of engagements of ~ f~ ; ; : ; : : er a registered society the society FlhaH not be dissolved ments. and registration of the society shall not be cancelled until ! . ~ t~ e~ : v. a certificate signed by the liquidat.or, or by the secretary or some other officer of the SOCIety apI!roved by the
SOCIETIES. SS. 25-27. 930:3 ·1920. Industrial and Provident Societies Act. registrar, has been lodged with the registrar that all property vested in the society has been duly conveyed or transferred by the society to the persons entitled. 25. (1.) Every penalty imposed or to be imposed by Recov?ryof this Act, or by the rules of a registered society, shall be ~ ~ n~ l; l; \ 7~ : recoverable summarily by complaint under *" The Justices c. 39, s. 69. Acts , 1886£0 1909." . c 3 . & 314, s G . e n o. . v. (2.) Any such penalty, if imposed by this Act, shall be recoverable upon the complaint of the registrar, or of any person aggrieved, and, if imposed by the rules of a registered society, shall be recoverable upon the com- plaint of the society. (3.) Any costs or expenses ordered or directed by the registrar to be paid by any person under this Act shall be recoverable as a civil debt. (4.) Where proceedings are taken against a society for the recovery of any penalty under this Act, the complaint or other process shall be sufficiently served by leaving a true copy thereof at the registered office of the society, or, if that office is closed, by posting the copy on the outer door of that office. 26. (1.) The Governor in Council may, from time to Regulati?ns time, make regulations respecting registry and procedure fort c1r~ YIng under this Act, and the forms to be used for such registry, ~ ~ & :7·Vict. and tp.e duties and functions of the registrar, and the c. 39, s. 74. inspection of documents kept by the registrar under this Act, and the fees to be paid for mattersto be transacted or the inspection of documents under this Act, and generally for carrying this Act into effect. Such regulations may impose a penalty not exceeding twenty pounds for any br~ ach thereof. (2.) All such regulations shall be laid before both Houses of Parliament within ten days after the making thereof if Parliament is then sitting, or, if not then sitting, then within ten days from the then next assembling of Parliament. 27. Every copy of rules or other instrument or Evidence of document, or copy or extract of an instrument or docu- ~~ ~ :, n7e; ts. ment, bearing the seal or stamp of the registrar, shall be received in evidence without further proof; and every document purporting to be signed by the registrar, 01' * 50 Vic. No. 17 and amending Acts, supra, pages 1132 et Beq.
9304 ss. 28, 29. SOCIETIES. Sch. I. rr. 1-12. Indu.strial and Provident Societies Act. 10 GEO. V. No. 32, any inspector or auditor under this Act, shall, in the absence of any evidence to the contrary, be received in evidence without proof of the signature. Registrar to 28. The registrar shall in ~ very year transmit to the report yearly. Governor in Council a report of his proceedings and of the principal matters transacted by him during the preceding year. CSuopurretmrueles. of su2ch9.juTdhgeesjuodfgewshoofmthethSeuCprheimefeJuCsotuicrte, oshr aallmbaejo o r n i e ty ~ may make rules as to the form of appeals under this Act and the hearing thereof and otherwise in relation thereto. SCHEDULE I. MATTERS TO BE PROVIDED FOR BY THE RULES OF REGISTERED SOCIETIES. 1. Object, name, and registered office of the society. 2. Terms of admission of the members, including any society or company investing funds in the society under this Act. 3. Mode of holding meetings, scale and right of voting, and of making, altering, or rescinding rules. 4. Appointment !J,nd removal of a committee of management, by whatever name, of managers or other officers, and their respective powers and remuneration. 5. Determination of the amount of interest, not exceeding one hundred pounds sterling, in the shares of the society which any member other than a registered society may hold. 6. Determination whether the society may contract loans or receive money on deposit subject to this Act from members or others; and, if so, under what conditions, on what security, and to what limits of amount. 7. Determination whether the shares or any of them shall be transferable; provision for the form of transfer and registration of the shares, and for the consent of the committee thereto; determination whether the shares or any' of them shall be withdrawable, and pro- vision for the mode of withdrawal and for payment of the balance due thereon on withdrawing from the society. 8. Provision for the audit of accounts. 9. Determination whether and how members may withdraw from the society, and provision for the claims of the representatives of deceased members, or the trustees of the property of insolvent members, and for the payment of nominees. 10. Mode of application of profits. 11. Provisions for the custody and use of the seal of the society. 12. Determination whether, and by what authority, and in what manner, any part of the capital may bp, invested.
1920. SOCIBTIES. Sch. 11. ss. 1-5. Industrial and Provident Societies Act. 9305 SOHEDULE Il. 1. Every registered society shall have a registered office to which Registered all communications and notices may be addressed, and send to the office. registrar notice of the situation of such office, and of every change therein. . 2. Every registered society shall from time to time- ~ urniBhiJ; tg (i.) Furnish to the registrar sllt}b information as he may require; mformatlOn.. and (ii.) If the registrar has cause to believe the books are im properly kept, comply with the requirements of the registrar in relation to the books and forms of accounts. kept or to be kept, and the entries made or to be made therein, and the manner in which such entries iare made 01.' to be made therein. 3. Every registered society shall- (a) Paint or affix, and keep painted or affixed, its registered Publication name on the outside of every office or place i;n which the of name. . business of the society is carried on, in a conspicuous 56 3~ 57 i~ ct. position in letters easily legible; and c. • s. . (b) Have its registered name engraven in legible characters on its seal; and (c) Have its registered name mentioned in legible oharacters in all notices, advertisements, and other official ',publications of the society, and in all bills of exchange, promissory notes, endorsements, cheques, and orders for money or goods, purporting to be signed by or on behalf of such society, and in all bills of parcels,· invoices, receipts, and letters of credit of the society. 4. If any officer of a registered society, or any person qn its behalf, Penalty for uses any seal purporting to be a seal of the society, whereon its name not using is not So engraved as aforesaid, or issues or authorises the issue of any na~ ~ of notice, advertisement, or other official publication of the society, or ~ ~ ~ l: . ~ · 6. signs or authorises to be signed on behalf of the society, any bill of exchange, promissory note, endorsement, cheque, order for money or goods, or issues or authorises to be issued any bills of parcels, invoice, receipt, or letter of credit of the society, wherein its name is not mentioned in manner aforesaid, he shall be liable to a penalty not exc'eerung fifty pounds, and shall further be personally lil1ble to the holder of any such bill of exchange, promissory note, cheque, or order for money or goods for the amount thereof unless the same is duly paid by the society. . 5. (1.) Save as provided by this Act, no member or person shall Inspection of have any right to inspect the books of a registered society. books by (2.) Any member or person having an interest in the funds of a ~mbers, registered society shall be allowed to inspect his own account and Ib: s. 17. the books containing the names of the members at all reasonable hours at the office, or at any place where the same are kept, subject toO such regulations as to the time and manner of such inspection as may be made from time to time by the general meetings of the society. R
9306 Sch. 11. s. 6. SOCIETIES. Industrial and Provident Societies Act. 10 GEO. V. No. 32, (3.) A registered society may, by the rules, authorise the inspec- tion of any of its books therein mentioned, in addition to the said books containing the names of members, under such conditions as are thereby imposed; but so that no person, unless he is an officer of the society, or is specially authorised by a resolution thereof, shall have the right to inspect the loan or deposit account of any other member without his written consent. (4.) The registrar may, if it appears to him necessary, or at the request of the trustees or a majority of them, require the production of the books and securities of a registered society at his office or at any place appointed by him for inspection and examination by himself or any other person authorised under his hand. The registrar may at his discretion obtain from any bank in which the funds are deposited a statement of such deposit and any particulars relating thereto, and such bank shall be bound to furnish the same. Audit. 6. (1.) Once at least in every year every registered society or 56 & 57 Vict. branch shall submit its accounts and securities for audit to an auditor G ~ c . . : 391 4 , s. ~ 1 ~ · 3. y '1li9c1en3s," edoruntode s r u s e e h c ~ ti w o o n towr emntoyr- efivauedoitfo * rs " T a h s e th F e ri s e o n c d i l e y ty So in cie a ti c e c s or A d c a t nc 0 e / with its rules appoints; or If no such appointment is made; or If the registrar is dissatisfied with the manner in which such audit is made or with the annual J'flturn; or If the dUly audited annual return is not delivered at the registrar's office on or before the first day of March; to a licensed auditor appointed by the registrar or to some other auditor or auditors so appointed. (2.) The cost of an audit pursuant to appointment by the registrar shall be paid by the society concerned, and in default of payment m'1y be recovered as a debt by the auditor so appointed. (3.) The auditor or auditors- (a) Shall have access to all books, papers, deeds, documents, and accounts; and (b) Shall examine the genera\statement of the receipts and expenditure, funds, securities, and effects, and verify the same with a banker's certificate (which certificate they are empowered to. obtain) and the accounts and vouchers relating thereto and by examining the securities held; and (c) Shall either sign the same as found to be correct, duly vouched and in accordance with law, or specially report to the society or branch in what respect the same are found to be incorrect, unvouched, or not in accordance with law. (4.) If auditors who are not licensed auditors are appomted by the society, one of them at least shall retire in each year, and shall not be eligible for reappointment for a period of twelve months there~ after. * 4 Geo. V. No. 13, 8upra, page 5991.
SOCIETIES. 8ch. 11. ss. 7.9. 9307 1920. Industrial and Provident Societies Act. . 'i. (1.) Every registered society shall once in every year, not Annual later than the thirty-first day of March, send to the registrar an annual returns. . return.of the receipts and expenditure, funds, and effects of the society; . 63t~ : ~ ~ ct. as audIted. 3 & 4 Geo. V. (2.) The annual return- c. 31, s. 3. (a) Shall be signed by the auditor or auditors ; and (b) Shall show separately the expenditure in respect of the several objects of the society; and (c) Shall be made up from the date of its registration or last annual return to that of its last published balance-sheet, unless the last-mentioned date is more than four months before or more than one month after the thirty-first day of December, in which case it shall be made up to the said thirty-first day of December inclusive; and (~ ) Shall state whether the audit has been conducted by a licensed auditor appointed as by this Act is provided, and by whom. (3.) A registered society shall, together with the annual return, send to the registrar a copy of the report of the auditor or auditors and a copy of each balance-sheet made during the period included in the return. S. A registered society shall, once at least in every three years, Triennial make out and send to the registrar, together with the annual return returns of for the year, a special return signed by the auditor or auditors showing~ hrde- the holding of each person in the society (whether in shares or loans) 3 0& : G~ o. v. at the date to which the said annual return is made out: Provided c. 31, s. 4. that, where such persons are in the list of members kept by the society distinguished by numbers, it shall be sufficient if they are distinguished in the special return by such numbers, and in that case it shall not be necessary to specify their names. 9. (1.) The registrar may, if he thinks fit, on the application Inspection of of ten members of a registered society, each of whom has been a member books by of the society for not less than twelve months immediately precedingord. e~ of the date of the application, appoint an accountant or actuary to ~ ~ gJ~ ~ ~ rVict. inspect the books of the society, and to report thereon. c. 39,s. 18. (2.) Provided tbt- (et.) The applicants shall deposit with the registrar such sum as a security for the costs of the proposed inspection as the registrar may require; and (b) All expenses of and incidental to any such inspection shall be defrayed by the applicants, or out of the funds of the society, or by the members or officers, or former members or officers, of the society as or in such proportions as the registrar may direct. (3.) A person appointed under this section shall have power to make copies of any books of the society, and to take extracts there- from, at all reasonable hours, at the office, or at any place where the books are kept. (4.) The registrar shall communicate the results of any such iaspection to the applicants and to the society. ;
9308 Sch. 11. ss. 10, 11. SOCIETIES. Industrial and Provident Societies Act. 10 GEO. V. No. 32, Pow~r to 10. (1.) Upon the application of one-tenth of the whole number !,ppomt of members of a registered society, or of one hundred members in the ~ ~~ ~ t; ~ i· ct. case of a society exceeding one thousand members, the registrar, with c. 39, s. 50. the consent of the Attorney-General, may- (a) Appoint an inspector or inspectors to examine into and report on the affairs of such society ; or (b) Call a special meeting of the society. (2.) The application under this section shall be supported by such evidence, for the purpose of showing that the applicants have good reason for requiring such inspection to be made or meeting to be called, and that they are not actuated by malicious motives in their application, and such notice thereof shall be given to the society, as the registrar directs. (3.) The registrar may, if he thinks fit, require the applicants to give security for the costs of the proposed inspection or meeting before appointing any inspector or calling such meeting. (4.) All expenses of and incidental or preliminary to any such inspection or meeting shall be defrayed by the members applying for the same, or out of the funds of the society, or by the members or officers, or former members or officers, of the society as or in such proportions as the registrar directs. (5.) An inspector appointed under this section may require the production of all or any of the books, accounts, securities, and docu- ments of the society, and may examine on oath its officers, members, agents, and servants in relation to its business, and may administer an oath accordingly. (6.) The registrar may direct at what time and place a special meeting under this section is to be held, and what matters are to be discusHed and determined at the meeting, and the meeting shall have all the powerS of a meeting called according to the rules of the society, and shall in all cases have power to appoint its own chairman, any rule of the society to the contrary notwithstanding. Security by 11. (1.) Every officer of a registered society having receipt or o~cers to be charge of money shall, before taking upon himself the execution of his ~ : es~ : 47,48. office, become bound with one, at least, sufficient surety in a bond Sch. IV. f. 3. according to the form set forth in Form No. 3 of the ]'ourth Schedule to this Act or give the security of a guarantee society in such sum, not less than twenty pounds, as the rules direct, or if no sum is so directed in a sum of not less than twenty pounds, conditioned for his rendering a true account of all moneys received and paid by him on account of the society at such times as the rules appoint, or as the society or the committee thereof require him to do, and for the payment by him of all sums due from him to the society: Provided that no such bond or security need be executed or given where the rules make provision for covering the risk of loss of moneys due from any such officer by means of a distinct guarantee fund. Accounts of (2.) Every such officer, his executors or adminislrators, shall, at officers. such times as are fixed by the rules, or upon demand made or notice in writing given or left at his last or usual place of residence, give in his account as required by the society, or by the committee thereof, to be examined and allowed or disallowed by them, and shall, on the
SOCIETIES. Sch. 11. ss. 12-15. 9309 1920. Industrial and Provident Societies Act. like demand or notice, pay over all moneys and deliver all property for the time being in his hands or custody to such person as the t'ocietyor the committee appoint. In case of any neglect or refusal to deliver such account, or to pay -over such moneys, or to deliver such property in manner aforesaid, the trustees or authorised officers of the society or branch may sue upon the bond or security before mentioned, or may apply to the nearest District Court (which may proceed in a summary way) or to a court of petty sessions, and the order of either of such courts shall be final and conclusive. 12. Upon the death or insolvency of any officer having in his Priority on possession, by virtue of his office, any money or property belonging to ~eath, the society, or upon any execution, attachment, or other process being ~ solv~ ncy, issued against him or against his property, his executors, or ad- o~ ~ e~ . ministrators, or trustee in insolvency, or the sheriff or other person executing such process shall, upon demand in writing of the society or any person authorised by the society, or by the committee thereof to make such demand, pay such money and deliver over such property to the society in preference to any other debts or claims against the esta.te of such officer. In this rule" insolvency" includes liquidation of a debtor's affairs by arrangement. 13. Every registered society shall- Keeping and (i.) On application, supply gratuitously to any member or suPplyi~ g person interested in the funds a copy of the last annual ~ ~ ~ ~ : l 0 return, or a balance-sheet or other document duly audited returns, &c. containing the same particulars as to receipts and expendi- 56 & 57 ViCl. ture , funds , and eff . ects as are contained in the annual 1 c. 6. 39, ss. 15, return ; (ii.) Always keep hung up in a conspicuous place at its office a copy of the last annual balance-sheet and the report of the auditor or auditors; (ill.) Deliver a copy of its rules to every person on demand, on payment of a sum not exceeding one shilling. 14. Any ilerson who, with intent to mislead or defraud, gives to Delivery of \ any other person- untrue rule. lb. s. 67. Ca) A copy of any :tIbles, laws, regulations, or other documents . other than the rules for the time being registered, on the pretence that the same are existing rules of a registered society, or that there are no other rules of such society, or (b) A copy of any rules on the pretence that such rules are the rules of a registered society when the society is not registered- is guilty of an offence under this Act. 15. It shall be an offence under this Act if- Offences by (a) A registered society, or an officer or member thereof,orsocieties, any other pfirson fails to give any notice, send any return : ~ 4 Geo V or document, or do or allow to be done anything which c. 31, s. 10. • the society, officer, or member, or person is by this Act required to give, send, do, or allow to be done; or wilfully • /
9310 8ch. 11. ss. 18-20. SOCIETIES. Industrial and Provident Societies Act. 10 GEO. V. No. 32, -- - -~ - -- - -- - -- - - - neglects or refuses to do any act, or to furnish any infor- mation required for the purposes of this Act by the registrar, or by any other person authorised under this Act, or does anything forbidden by this Act; or makes. a return, or wilfully furnishes information in any respect false or insufficient; (b) A registered society carries on the business of banking when it has any withdrawable share capital, or in carrying on such business does not make out and keep conspicuOUSly hung up such statement as is hereinbefore required, or makes any payment of withdrawable capital contrary to' this Act. Offences by 16. (1.) Every offence by a society under this Act shall be i10cieties to deemed to have been also committed by every officer of the Same b~ also b bound by the rules thereof to fulfil the duty whereof such offence is a ~ ~ c~ : S & ~ . breach, or, if there is no such officer, then by every member of the 56 & 57 Vict. committee of the same, unless such member is proved to have been c. 39, s. 63. ignorant of or to have attempted to prevent the commission of such offence. (2.) Every act or default under this Act constituting an offence, if continued, shall constitute a new offence in every week during which the same continues. Punishment 17. If any person obtains possession by false representation or pomfriifsarataipoupndr. oo. r iimn phoissiptioosnseosfsiaonnywpirthohpoelrdtys oofr amriseagpisptleieresdthsoecsieatmy, e, oor rhawviilfnuglltyheapspalmiees lb. s. 64. any part thereof to purposes other than those expressed or directed in the rules of the society and authorised by this Act, he shall, on the complaint of the society, or of any member authorised by the society, or the committee thereof, or of the registrar, be liable to a penalty not exceeding twenty pounds with costs, and to be ordered to deliver up all such property or to repay all moneys applied improperly, and, in default of such delivery or repayment, or of the payment of such penalty, to be imprisoned, with or without hard labour, for any time not exceeding three months ; but nothing in this section shall prevent any such person from being proceeded against by way of indictment, . if not previously convicted of the same offence under this Act. Penalty for 18. If any person wilfully makes, orders, or allows to be made falsification. any entry or erasure in, or omission from, any balance-sheet of a lb. s. 65. registered society, or any contribution or collecting book, or any return or document required to be sent, produced, or delivered for the purposes of this Act, with intent to falsify the Same, or to evade ~ ny of the provisions of this Act, he shall be liable to a penalty not exceeding fifty pounds. Penalties for 19. Every society, officer or member of a society, or other person, ordinary guilty of an offence under this Act for which no penalty is expressly ~ :~ ~ ~ V8. provided herein, shall be liable to a penalty not exceeding five pounds. Form and deposit of documents. . lb. s. 20. 20. Every return and other document required for the purposes of this Act shall be made in such form aJ:ld shall contain such particulars as the registrar prescribes, and shall be deposited and registered or recorded, with 01' without observations thereon, in such manner as the registrar directs.
1920. I SOCIETIES. 8ch. 11. ss. 21, 22. - - - - - - - - - - . - - - .. - - - - - - I Industrial and Provident Societies Act. 9311 21. (1.) A registered society may invest any part of its capitahnvestments and funds in or upon any security authorised by its rules, and also, if by societi~ . the rules do not direct otherwise- 5 c. 63 & 9. 5 s 7 s. V 3 l 8 c , t. (a) In the Queensland Government Savings Bank; 39. . (b) In l'j,ny Australian Government security; (c) In or upon any security in which trustees are for the time being authorised by law to invest; (d) In or upon any bond, debenture, debenture stock, corpora- tion stock, or other security (not being securities payable to bearer) of any local authority authorised by or under any Act of Parliament passed or to be passed ; (e) In the shares or on the security of any other registered society, or registered building society, or of any company registered under the CompaniesAct or incorporated by Act of Parliament or by charter, provided that no such investment shall be made in the shares of any society or company other than one with limited liability. (2.) A society so investing shall be deemed to be a person within the meaning of the CompaniesAct and of any Act relating to building societies. 22. (1.) A member of a registered society not being under the Nomina- age of sixteen years may, by writing under his hand delivered at or tions. sent to the office during the lifetime of such member or made in any 3 &14 Geo. V book kept thereat, nominate any person or persons to or among whom c. 3 , s. 5. there shall be transferred at his decease such property in the society as may be his at the time of his decease (whether in shares, loans, or deposits, or otherwise), or so much thereof as is specified in such nomination, if the nomination does not comprise the whole. If on the death of the nominator the amount of his property in the society comprised in the nomination exceeds one hundred pounds the nomination shall be valid to the extent of the sum of one hundred pounds, but not further or otherwisE' : Provided that a person so nominated shall not be an officer or servant of the society unless such officer or s~ rvant is the husband, wife, parent, child, brother, sister, nephew, or niece of the nominator. (2.) A nomination so made may be revoked or varied by a subse- quent nomination signed and delivered or sent or made as aforesaid, or by any similar document in the nature of a revocation or variation under the hand of the nominator so delivered, sent, or made as afore- said, but shall not be revocable or variable by the will of the nominator or by any codicil thereto. (3.) The society shall keep a book wherein the names of all persons so nominated and all revocations or variations (if any) of such nomina- tions shall be recorded, and the property comprised in any such nomi- nation to an amount not exceeding one hundred pounds shall be payable or transferable to the' nominee although the rules of the society declare the shares not to be transferable. (4.) The marriage of !1 member of a society shall operate as a revocation of any nomination made by him before such marriage, provided that, in the event of an officer of a society having transferred any property of a member to a nominee, in i'gnorance of a marriage
9312 Sch. 11. ss. 23-25. SOCIETIES. Industrial anq, Provident Societies Act. 10 GEO. V. No. 32, contracted subsequent to the date of the nomination, the receipt of the nominee shall be a valid discharge to the society, and the society shall be under no liability to any other person claiming such property. (5.) On receiving satisfactory proof of the death of a nominator, the committee of the society shall, subject to the limitation on amount hereinbefore provided, either transfer the property comprised in the nomination in manner directed by the nomination, or pay to every person entitled thereunder the full value of the property given to him, unless the shares comprised in the nomination, if transferred as directed by the nominator, would raise the share capital of any nominee to a sum exceeding one hundred pounds, in which case they shall pay him the value of such excess. ' (6.) Where a nominee who is nominated under this Act is under sixteen years of age, the society may pay the sum nominated to either parent, or to a guardian of the nominee, or to any other person of full age who will undertake to hold the same in trust for the nominee or to apply the same for his benefit and whom the society may think a fit and proper person for the purpose, and the receipt of such parent, guardian, or other person shall be a sufficient discharge to the society for all moneys so paid. Provisions 23. (l.) If any member of a registered society entitled to property forintesta~y. therein in respect of shares, loans, or deposits, not exceeding in the 563~ 57 ifct. whole, at his death, one hundred pounds, dies intestate, without having c. ,s. . made any nomination thereof then subsisting, the committee may, without letters of administration, distribute the same among such persons as appear tb them, on such evidence as they deem satisfactory, to be entitled by law to receive the same. (2.) If any such member is illegitimate and leaves no widow, widower, or issue, the committee shall deal with his property in the society as the Attorney-General directs. Payments to persons apparently entitled valid. lb. s. 30. 24. All payments or transfers made by the committee of a regis- tered society, under the powers conferred by this Act with respect to payments or transfers to or on behalf of deceased members, to any person who at the time appears to the committee to be entitled thereunder, shall be valid and effectual against any demand made upon the committee or society by any other person whatever. Transfer of stock standing in name of trustee. lb. s. :n, 25. (l.) When any person in whose name any stock belonging to a registered society is standing, either jointly with another or others or solely, as a trustee therefor, is absent from Queensland, or becomes insolvent, or files any petition or executes any deed for liquidation of his affairs_ by assignment or arrangement or for composition with his creditors, or becomes insane, or is dead, or has been removed from his office of trustee, or if it is unknown whether such person is living or dead, the registrar, on application in writing from the secretary and three members of the society, and on proof satisfactory to him, may direct the transfer of the stock into the names of any other persons as trustees for the society. (2.) The transfer shall be made by the surviving or continuing trustees, and if there is no such trustee, or if such trustees refuse or are unable to make such transfer, and the'registrar so directs, then by the Public Curator.
1920. SOCIETIES. Sch. 11. ss. 26-29. -----.--------- Industrial and Provident Societif)s Act. 931:3 (3.) The Public Curator is hereby indemnified for anything done by him or any of his officers in pursuance of this provision against any claIm or demand of any person injuriously affected thereby. 26. A promissory note or bill of exchangfl shall be deemed to Promissory have been made, accepted, or endorsed on behalf of any registered n?tes and society if made, accepted, or endorsed in the $me of the society, or bill~ of by or on behalf or account of the society, by any person acting under ~ ~ c& a5i~ ict. the authority of the society. c. 39, s. 33. _ 27. Contracts on behalf of a registered society may be made, Contracts varied, or discharged as follows : - ho~ made, ( a) Any contract, wh l · C h' 1 f made etbween p'rIvate persons dviasrciehda,rgoerd would be by law required to be in writing, and if made Tb. s. 35. according to the English law to be under seal, may be made on behalf of the society in writing under the seal of the society, and may in the same manner be varied or discharged. (b) Any contract, which if made between private persons would be by law required to be in ~ iting and signed by the persons to be charged therewith, may be made on behalf of the society in writing by any person acting under the express or implied authority of the society, and may in the same manner be varied or discharged. (c) Any contract under seltl which, if made between private persons, might be varied or discharged by a writing not under seal, signed by any person interested therein, may be similarly varied or discharged on beh,alf of the society by a writing not under seal, signed by a~ person acting under the express or implied authority of the society. (d) Any contract, which if made between private persons would be by law valid though made by parol only and not reduced into writing, may be made by parol on behalf of the society by any person acting illUder the express or implied authority of the society, and may in the same manner be varied or discharged. . (e) A signature, purporting to be made by a person holding any office in the society, attached to a writing whereby any contract purports to be made, varied, or discharged by or on behalf of the society, shall prima facie be taken to be the signature of a person holding a,t the time when the signature was made the office 80 stated. All contracts which may be or have beeU! made, varied, or dis- -charged according to the provisions contained in this section shall, 80 far as concerns the form thereof, be effectual in law and binding on the society and all other parties thereto, their executors or a.dministrators, as the case may be. 28. The rules may provide for advances M money to members Advances to on the security of real or personal property, or, i,n the case of a society members. registered to carry on banking business, in any manner customary in lb. s. 40. the conduct of such business. 29. (1.) All moneys payable by a member to a registered society Remedy for shall be a debt due from such member to the society, and shall be debts from recoverable as such either in the District Court of the district in which ~ embers, the office is situated, or in that of the district ~n which such member }. s. 2:\ resides, at the option of the society.
\ ' 9314 8ch. 11. ss. 30-33. SOCIETIES. Industrial and Provident Societies Act. 10 GEO. V. No. 32, (2.) A registered society shall have a lien on the shares of any member for any debt due to it by him, and may set off any sum credited to the member thereon in or towards the payment of such debt. Membership 30. A person under the age of twenty-one but above the age of of minors.. sixteen may be a member of a registered society, unless provision is 56 ~ 57 ~ ~ ct. made in the rules thereof to the contrary, and may, subject to the c.. " s. . rules of the society, enjoy all the rights of a member (except as by this Act is provided), and execute all instruments and give all acquittances necesSary to be executed or given under the rules, but shall not be a member of the committee, or trustee, manager, or treasurer of the society. Societies 31. A registered society which has invested any part of its capital members of in the shares or on the security of any other body corporate may other bodies appoint as proxy anyone of its members although such member is mcoarypovroattee not personally a shareholder of such other body corporate. blby, p 8 r , o 4 x 1 y . . takenThien vpirrotxuye sthhaelrle, odf uarsinhgotlhdeingcotnhteinunaunmcbe eorf ohfisshaaprpeos ihnetmldebnyt, thbee society by whom he is appointed, for all purposes except the transfer of any such shares or the giving receipts for any dividends thereon. Body corporate may hold shares in a society. lb. s. 42. 32. Any other body corporate may, if its rules or regulations permit, hold shares by its corporate name in a registered society. Discharge of 33. (1.) A receipt in full, signed by two members of the committee mortgages and countersigned by the secretary of a registered society, for all e ~ ndor ~ sed. moneys secured to the society on the security of any property to whi.ch lb. ss. 43,45. such receipt relates, and being in the form set forth in Form No. 4- Sch. IV. f. 4. of the Fourth Schedule to this Act, or in any other form specified in the rules of the society .or any schedule thereto, if endorsed on or annexed to any mortgage or assurance, shall vacate the same and vest the property therein comprised in the person entitled to the equity of redemption thereof without any formal re-conveyance or surrender. (2.) If such mortgage or other assurance has been, registered under any Act for the registration or record of deeds or titles, the registrar under such Act, or k~ per of the register, shall- (a) On production of such receipt verified by oath or statutory declaration of any person, enter satisfaction on the register of such mortgage or of the charge made by such assurance; and (b) Grant a certificate, either upon such mortgage or assurance or separately'to the like effect, which certificate shall be received in evidence in all courts and proceedings without further proof. There shall be paid to such registrar or keeper of the register, for making the said entry and granting the said certificate, a fee of two shillings and sixpence.
SOeJIETIES. Sch. 11. s. 34. 9315 1920. Indttstrial and Provident Societies Act. (3.) Where a registered society is in liquidation, the signature Receipt to such a receipt as aforesaid of the liquidatol' or liquidators for the wh~ re . time being, described as such, shall have the same effect as would ~ . OCl~~ Yt~ ~ n under this Act attach to a similar receipt signed as aforesaid if the lqUl al. society were not in liquidation. 34. (1.) Every dispute between a member of a registered society, Disputes. or any person aggrieved who has not for more than six months ceased 56 & 57 Vict. to be a member of a registered society or person clanning through such c. 39, s. 49. member or person aggrieved or clainting under the rules, and the l!Ociety or an officer thereof, shall be decided in manner directed by the rules. (2.) The decision so made shall be binding and conclusive on all parties without appeal, and shall not be removable into any court of law or restrainable by injunction. Application for the enforcement thereof may be made to a District Court. (3.) Provided that the parties to a dispute in a society may by consent (unless the rules expressly forbid it) refer such dispute to the Attorney-General, who shall, either by himself or by the regIStrar or any other person whom he appoints, hear and determine such dispute, and may order the expenses of determining the same to be paid either out of th~ funds of the society or by such parties to the dispute as he thinks fit. Such determination and order shall have the same effect and be enforceable in like manner as a decision made in the manner directed by the rules. (4.) The Attorney-General or other person to whom any dispute is referred may administer oaths, and may require the attendance of all parties concerned and of witnesses, and the production of all books and documents relating to the matter in question. Any person refusing to attend or to produce any documents or to give evidence before such Attorney-General or other person is guilty of an offence under this Act. (5.) Where the rules direct that disputes shall be referred to justices, the dispute shall be determined by a court of petty sessions : Provided that, in every case of dispute cognisable under the rules by such court, the parties thereto may enter into a consent referring such dispute to a District Court, which may hear and determine the matter in dispute. (6.) Where the rules contain no direction as to disputes, or where no decision is made on a dISpute within forty days after application to the society for a reference under its rules, the member or person aggrieved may apply either to a District Court or to a court of petty sessions, which may hear and determine the matter in dispute. (7.) The Attorney-General, court, or registrar may, at the request of either party, state a case for the opinion of the Supreme Court on any question of law, and may also grant to either party such discovery as to documents and otherwise, or such inspection of documents, as might be granted by any court of law; such discovery to be made on behalf of the society or branch by such officer of the same as the Attorney-General, or such court or registrar, may determine.
~ 316 Sch. 11. S. 35. SOCIETIES. Industrial and P.fJ'ovident Societies Act. 10 GEO. V. No. 32, (8.) This rule does not apply to any dispute with any officer of a society- (a) Touching any alleged breach of trust, misfeasance, or neglect of duty other than concerning bis liability to a penalty or forfeiture imposed by the rules; (b) Touching any money or property of the society alleged to be in his hands, or for which he is alleged to be accountable, or any salary, allowance, or remuneration to which he claims to be entitled. (9.) In this rule the expression "dispute" includes any dispute arising on the question whether a member or person aggrieved is entitled to be or continue to be a member or to be reinstated as a member, and extends to any person aggrieved who has ceased to be a member of a society for not more than six months, or any person claiming through such person aggrieved, and the society or any officer thereof. Provisions 35. Where a registered society is terminated by an instrument ·as to of dissolution- ~ nstrument of (i.) The instrument of dissolution shall set forth- dissolution. .56 & 57 Vict. (a) The liabilities and assets'in detail; c. 39. s. 61. (b) The number of members and the nature of their respective interests; (c) The claims of creditors (if any) and the provision to be made for their payment; (d) The intended appropriation or division of the funds and property of the society, unless the same is stated in the instrument of dissolution to be left to the award of the Attorney-General: (ii.) Alterations in the instrument of dissolution may be made with the like consents as hereinbefore provided, and testified in the same manner: (iii.) A statutory declaration shall be made by three members and the secretary of the society that this Act has been complied with, and shall be sent to the registrar with the instrument of dissolution; Any person knowingly making a false or fraudulent declaration in the matter is guilty of an indictable offence and punishable accordingly: (iv.) The instrument of dissolution and all alterations therein shall be registered in the manner provided by this Act for the registry of rules, and shall be binding upon all the members of the society: (v.) The registrar shall cause a notice of the dissolution to be advertised at the expense of the society in the Gazette and in some newspaper circulating in the locality in which the office of the society is situated; Unless, within three months from the date of the Gazette in which such advertisement appears, a member or other person interested in or having any claim on the funds of the society commences proceedings to set aside
Sch. 11. s. 36. SOCIETIES. Sch.llI. 9317 1920. Industrial and Provident Societies Act. the dissolution of the society, and such dissolution is set aside accordingly, the society shall be legally dissolved from the date of such advertisement, and the requisite consents to the instrument of dissolution shall be considered to have been duly obtained without proof of the signatures thereto: (vi.) Notice shall be sent to the registrar of any proceeding to set aside the dissolution of a society, not less than seven days before it is commenced, by the person by whom it is taken, or of any order setting it aside, within seven days after it is made by the society. 36. Where a registered society is wound up in pursuance of an Liability of order or resolution, the liability of a present or past member of the members in society to contribute for payment of the debts and liabilities of the 5indi: f~ p~ society, the expenses of winding ~ p, and the adjustment of the rights 0 6 3~ ssf:'· of contributories amongst themselves, shall be qualified as follows:-' ,. . (a) No individual, society, or company, who or which has ceased to be a member for one year or upwards prior to the commencement of the winding up, shall be liable to con- tribute; , (b) No individual, society, or company shall be liable to contri- bute in respect of any debt or liability contracted after he ~ r it ceased to be a member; •. (c) No individual, society, or company, not a member, shall be liable to contribute, unless it appears to the court that the contributions of the existing members are insufficient to satisfy the just demands on the society; (d) No contribution shall be required from any individual, society, or company exceeding the amount, if any, unpaid on the shares in respect of which he.or it is liable as a past or present member; (e) An individual, I?ociety, or company shall be taken to have ceased to be a member, in respect of any withdrawable share withdrawn, from the date of the notice or application for withdrawal. SCHEDULE Ill. FORM OF STATEMENT TO BE MADE OUT BY A SOCIETY OARRYING ON THE BUSINESS OF BANKING. 1. Capital of the society- (a) Nominal amount of each share; (b) Number of shares issued; (c) Amount paid up on shares. 2. Liabilities of the society on the first day of Ja!luary (or July) last previous- (a) On judgments; (b) On specialty ; (c) On notes or bills; (d) On simple contract; (e). On estimated liabilities.
:9318 8ch. Ill. SOCIETIES. 8ch. IV. ft. 1-3. Industrial and Provident Societies Act. 10 GEO. V. No. 32, 3. Assets of the society on the same date- (a) Government or other securities (stating them); (b) Bills of exchange and promissory notes; (c) Cash at the bankers; (d) Other securities. SCHEDULE IV. Form No. I. ACKNOWLEDGMENT OF REGISTRY OF SOCIETY. The , Limited, is registered under " The Industrial and ProvidentSocieties Act of 1920 " this da.yof (Seal of office and signature of regisfrar.] Form No. 2. ACKNOWLEDGMENT OF REGISTRY OF AMENDMENT OF RULES. The foregoing amendment of the rules of the Limited, is registered under" The Industrial and Provident Societies Act of 1920 " this day of [Seal of office and signature of registrar.] Form No. 3. FORMS OF BOND. (a) Know all men by these presents that we, A.B., of , Qne of the officers of the , Limited, hereinafter referred to as" the Society," whose registered office is at , and C.D. of (as surety on behalf of the said A.B.), are jointly and severally held and firmly bound to the said society in the .sum of , to be paid to the said society or their certain attorney, for which payment well and truly to be made We jointly and .severally bind ourselves, and each of us by himself, our and each of our executors and administrators, firmly by these presents. Sealed with Qur seals. Dated the day of Whereas the above-bounden A.B. has been duly appointed to the Qffice of of the Society, and he, together with the above-bounden C.D. as his surety, have entered into the above-written bond, subject to the condition hereinafter contained: Now, therefore, the condition of the above-written bond is such, that if the said A.B. do render a just and true account of all moneys received and paid by him on account of the society, at such times as the rules thereof appoint, and do pay over all the moneys remaining in his hands, and assign and transfer or deliver all property (including books and papers) belonging to the society in his hands or custody to such person or persons as the society or the committee thereof appoint, according to the rules of the society, together with the proper and legal receipts or vouchers for such payments, then the above-written bond shall be void, but otherwise shall remain in full force. Sealed and delivered in the presence of
1920. SOCIETIES. Sch. IV. r. 4. Industrial wnd Provident Societies Act. (b) Know all men by these presents that I of , am firmly bound to Limited, hereinafter referred to as "the Society," whose registered office is at , in the sum of pounds sterling to be paid to the said society or their assigns, for which payment to be truly made to the said society or their certain attorney or assigll.s I bind myself, my heirs, executors, and administrators, by these presents sealed with my seal. [And know further that I (we) as surety (sureties) for the abovenamed principal obligor and such obligor are jointly and severally bound to the society in the sum aforesaid to be paid to the society or their assigns, for which payment to be truly made to the society or their certain attorney or assigns we firmly bind ourselves and .each of us, our and each of our heirs, executors, and administrators, by these presents sealed with our seals.] . Dated the day of 19 The condition of the above-contained bond is that if the said faithfully execute the office of to the society during such time as he continues to hold the same in virtue either of his present appointment, or of any renewal thereof if such office is of a renewable character [withoull wasting, stealing, losing, misspending, misapplying, or unlawfully making away with any of the moneys, goods, chattels, wares, merchandise, or effects whatsoever of the society at any time committed to his charge, custody, or keeping by reason or means of his said office], and render a true and full account of all mo~ eys received or paid by him on its behalf as and when he is required by the committee of management of the society for the time being, and pay over all the moneys remaining in his hands from time to time, and assign, transfer, and deliver up all securities, books, papers, property, and effects what- soever of or belonging to the society in his charge, custody, or keeping, to such person or persons as the said committee may appoint, according to the rules or regulations of the society for the time being, together with the proper or legal receipts or vouchers fo1- such payments; and in all other respects well and faithfully perform and fulfil the said office of to the society according to the rules thereof, then the above-contained bond shall be 'Void and of rio effect; but otherwise shall .remain in full force. Sealed and delivered by the above-na.med in the presence of 9319 FMin No. 4. FORM OF RECEIl'T TO :B:Jl! ENDOR~ ED ON MORTGAGE, ETC. The , Limited, hereby acknowledges to have i'eooived all moneys intended to be secured by the within (or above) ",Titten deed. Dated this day of 19 of the ittee. ecretary.
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