2(1)A registered friendly society may be incorporated under this Act only if the following steps are taken—U.K.
(a)the proposal to apply for incorporation is submitted to the members of the society for their consent by the procedure required for a proposal to amend the rules (or, in the case of a society with branches, the general rules) of the society;
(b)consent to the application is given in accordance with that procedure;
(c)the society agrees, in accordance with that procedure—
(i)upon the purposes of the society after incorporation, and upon the extent of its powers, in a memorandum the provisions of which comply with the requirements of this Schedule; and
(ii)upon rules for the regulation of the society after incorporation which comply with the requirements of this Schedule; and
(d)there are sent to the [F1Authority]—
(i)3 copies of the memorandum and the rules, each signed by at least 7 members and by the secretary of the society; and
(ii)a statutory declaration by the secretary that the steps mentioned in paragraphs (a) and (b) above were taken.
(2)Where copies of the memorandum, the rules and the statutory declaration are sent to the [F1Authority] in accordance with paragraph (c) of sub-paragraph (1) above, the [F1Authority], if satisfied that—
(a)the steps mentioned in sub-paragraph (1)(a) and (b) were taken;
(b)the provisions of the memorandum and the rules are in conformity with this Act; F2. . .
(c)the name proposed for the society after incorporation is not, in its opinion, undesirable,
shall register the society and issue it with a certificate of incorporation.
(d)in the case of a society to which section 37(2) or (3) above applies, the principal place of business of the society is situated in the United Kingdom,.]
Textual Amendments
F1Words in Sch. 3 para. 2 substituted (17.8.2001 for specified purposes and otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8(1), 13(1), Sch. 3 para. 120(a) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)
F2Word in Sch. 3 para. 2(2)(b) omitted (18.7.1996) by virtue of S.I. 1996/1669, reg. 14(3)
F3Sch. 3 para. 2(2)(d) and the word “and" immediately preceding it inserted (18.7.1996) by S.I. 1996/1669, reg. 14(3)
Commencement Information
I1Sch. 3 para. 2 wholly in force; Sch. 3 para. 2 not in force at Royal Assent see s. 126(2); Sch. 3 para. 2 in force at 1.2.1993 by S.I. 1993/16, art. 2, Sch. 3