Industrial and Provident Societies Act 1965 (repealed)

Status:

Point in time view as at 22/04/2014. This version of this provision has been superseded.

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There are currently no known outstanding effects for the Industrial and Provident Societies Act 1965 (repealed), Section 5.

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5 Name of society.E+W+S

(1)No society shall be registered under this Act under a name which in the opinion of the [F1FCA] is undesirable.

(2)Subject to subsection (5) of this section, [F2the last word in the name of every society registered under this Act shall be “limited” or, if the rules of the society state that its registered office is to be in Wales, either that word or the word “cyfyngedig”].

(3)A registered society may change its name in the following manner and in that manner only, that is to say—

(a)by a resolution for the purpose passed at a general meeting of the society after the giving of such notice as is required by the rules of the society of such a resolution or, if the rules do not make special provision as to notice of such a resolution, after the giving of such notice as is required by the rules of a resolution to amend the rules; and

(b)with the approval in writing [F3of the [F1FCA]]

(4)No change in the name of a registered society shall affect any right or obligation of the society, or of any member thereof, and any pending legal proceedings may be continued by or against the society notwithstanding its new name.

(5)If [F4the [F1FCA]] is satisfied that the objects of a society applying for registration under this Act or of a registered society are wholly charitable or benevolent, the [F1FCA] may register the society by a name which does not contain the word “limited”[F5or the word “cyfyngedig”] or, as the case may be, permit the society to change its name to one which does not contain [F6either of those words]; but if it subsequently appears to the [F1FCA] that the society, whether in consequence of a change in its rules or otherwise, is not being conducted wholly for charitable or benevolent objects, the [F1FCA] may direct that the word “limited”[F5, or in an appropriate case the word “cyfyngedig”,] be added as the last word in the name of the society and shall notify the society accordingly.

(6)Every registered society shall cause its registered name to be painted or affixed, and to be kept painted or affixed, in a conspicuous position and in letters easily legible, on the outside of its registered office and every other office or place in which the business of the society is carried on, and shall have that name F7... mentioned in legible characters—

(a)in all notices, advertisements and other official publications of the society;

(b)in all business letters of the society;

(c)in all bills of exchange, promissory notes, endorsements, cheques, and orders for money or goods, purporting to be signed by or on behalf of the society;

(d)in all bills, invoices, receipts, and letters of credit of the society.

[F8(e)in all its business correspondence and documentation that takes electronic form;

(f)on all its websites.]

(7)Any officer of a registered society, or any other person acting on such a society’s behalf, who—

F9(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)issues or authorises the issue of any document such as is mentioned in subsection (6)(a) [F10, (d) or (e)] of this section in which [F11the society’s registered ] is not mentioned in legible characters; or

(c)signs or authorises to be signed on behalf of the society any document such as is mentioned in subsection (6)(c) of this section in which that name is not so mentioned [F12; or]

[F12(d)causes or authorises the appearance on the internet of a website such as is mentioned in subsection (6)(f) in which the society’s registered name is not mentioned in legible characters,]

shall be liable on summary conviction to a fine not exceeding [F13level 3 on the standard scale] and, in the case of a conviction by virtue of paragraph (c) of this subsection, shall further be personally liable to the holder of any such document as is referred to in that paragraph for the amount specified in the document unless that amount is duly paid by the society.

[F14(8)The references in this section and section 5A to a society’s websites include a reference to a section of another person’s website—

(a)which relates to the society, and

(b)which the society placed, or the placement of which the society authorised, on the other person’s website.]

Textual Amendments

F1Word in s. 5 substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 2 para. 2(1)(a)(2)(d) (with Sch. 12)

F2Words in s. 5(2) substituted (21.12.1993) by 1993 c. 38, ss. 28(2), 36(1)

F3Words in s. 5(3)(b) substituted (1.12.2001) for subparagraphs (i)(ii) by S.I. 2001/2617, arts. 2(b), 13(1), Sch. 3 Pt. III para. 216(a) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)

F4Words in s. 5(1)(5) substituted (1.12.2001) by S.I. 2001/2617, arts. 2(b), 13(1), Sch. 3 Pt. III para. 215 (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)

F5Words in s. 5(5) inserted (21.12.1993) by 1993 c. 38, ss. 28(3)(a)(c), 36(1)

F6Words in s. 5(5) substituted (21.12.1993) by 1993 c. 38, ss. 28(3)(b), 36(1)

F7Words in s. 5(6) repealed (20.10.2003) by Co-operatives and Community Benefit Societies Act 2003 (c. 15), ss. 5(3), 7(1), Sch.; S.I. 2003/2678, art. 2(2)

F8S. 5(6)(e)(f) inserted (12.4.2011) by Mutual Societies (Electronic Communications) Order 2011 (S.I. 2011/593), arts. 1(1), 22(1)