Industrial and Provident Societies Act 1965 (repealed)

Accounts, etc. E+W+S

37, 38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W+S

Textual Amendments

F1 Ss. 37, 38 repealed by Friendly and Industrial and Provident Societies Act 1968 (c. 55), Sch. 2

39 Annual returns. E+W+S

(1) Every registered society shall, [F2 within the period of 7 months beginning immediately after the end of the period required by this section to be included in the return], send to [F3 the Authority] a return [F2 relating to its affairs for that period], together with—

[F4 (a) where the period required to be included in the return is one at the end of which there is in force in relation to the period a disapplication under section 4A(1) of the Friendly and Industrial and Provident Societies Act 1968 (power to disapply the obligation under section 4 of that Act to have accounts audited), the documents mentioned in subsection (1A) of this section, and

(b) where it is not, the documents mentioned in subsection (1B) of this section.

(1A) The documents referred to in subsection (1)(a) of this section are—

(a) copies of the reports, if any, which the society is required, because of the disapplication, to obtain under section 9A of the Friendly and Industrial and Provident Societies Act 1968 (duty to obtain accountant’s reports where section 4 of that Act disapplied); and

(b) a copy of each balance sheet made during the period included in the return.

(1B) The documents referred to in subsection (1)(b) of this section are—]

(a) a copy of the report of the auditor or auditors on the society’s accounts for the period included in the return; and

(b) a copy of each balance sheet made during that period and of any report of the auditor or auditors on that balance sheet.

(2) The said return shall—

(a), (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(c) subject to subsections (3) and (4) of this section, be made up for the period beginning with the date of the society’s registration under this Act or [F6 with the date to which the society’s last annual return was made up, whichever is the later, and ending—

(i) with the date of the last balance sheet published by the society before the appropriate date; or

(ii) if the date of that balance sheet is earlier than 31st August immediately preceding the appropriate date or later than 31st January of the year in which the appropriate date falls, with 31st December immediately preceding the appropriate date,]

[F7 (2A) For the purposes of paragraph ( c ) of subsection (2) of this section “ the appropriate date ”, in relation to an annual return of a society, is 31st March of the year in which that return is required by subsection (1) of this section to be sent to [F3 the Authority ] or the date on which that return is so sent, whichever is the earlier. ]

(3) If [F3 the Authority] is of opinion that special circumstances exist [F8 it]may allow a society to make a return under this section up to a date other than that specified in subsection (2)(c)(i) or (ii) of this section, F9 . . ..

(4) The last return under this section by a registered society which is being terminated by an instrument of dissolution under section 55(b) of this Act shall be made up to the date of the instrument of dissolution.

(5) Every registered society shall supply free of charge to every member or person interested in the funds of the society who applies for it a copy of the latest return of the society under this section.

Textual Amendments

F2 S. 39(1) words substitiuted (1.9.1996) by S.I. 1996/1738, arts. 1, 5(2)(a)(b)

F3 Words in s. 39(1)(2A)(3) 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)

F4 S. 39(1) words inserted (1.9.1996) by S.I. 1996/1738, arts. 1, 9(1)

F5 S. 39(2)(a)(b) repealed by Friendly and Industrial and Provident Societies Act 1968 (c. 55), Sch. 2

F6 Words substituted by Friendly and Industrial and Provident Societies Act 1968 (c. 55), Sch. 1 para. 10

F7 S. 39(2A) inserted by Friendly and Industrial and Provident Societies Act 1968 (c. 55), Sch. 1 para. 10

F8 Word in s. 39(3) substituted (1.12.2001) by S.I. 2001/2617, arts. 2(b), 13(1), Sch. 3 Pt. III para. 222 (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)

F9 S. 39(3) words repealed (1.9.1996) by S.I. 1996/1738, arts. 1, 5(3)

Modifications etc. (not altering text)

C1 Power to apply s. 39 in part conferred by Friendly and Industrial and Provident Societies Act 1968 (c. 55), s. 4(7); s. 39 extended ibid., s. 13(7)

C2 S. 39(1) excluded by Credit Unions Act 1979 (c. 34, SIF 55:3), s. 24(2)

40 Display of latest balance sheet. E+W+S

Every registered society shall keep a copy of the latest balance sheet of the society, F10 . . ., hung up at all times in a conspicuous position at the registered office of the society.

Textual Amendments

F10 S. 40 words repealed (1.9.1996) by S.I. 1996/1738, arts. 1, 9(2)