Building Societies Act 1986

34 (1) If a member of a building society who purports to exercise his right—

(a) to appoint a proxy to vote instead of him at a meeting of the society, or

(b) to vote in a postal ballot, or

(c) to vote on a poll at a meeting of the society,

fails to make a declaration in accordance with sub-paragraph (2) below in the instrument of appointment or, as the case may be, on the voting paper, the appointment made or, as the case may be, the vote cast by him is invalid.

(2) The declaration to be made by a person in pursuance of sub-paragraph (1) above is as follows—

(a) that he has attained the age of 18 years or will have attained that age on or before the voting date or, where he is voting by proxy, on or before the date of the meeting;

(b) where the vote is to be cast otherwise than on a borrowing members’ resolution, that on the voting date he is or, so far as he can reasonably foresee, will be a shareholder of the society;

(c) where the vote is to be cast on a borrowing members’ resolution, that on the voting date he is or, so far as he can reasonably foresee, will be a borrowing member of the society; and

(d) where the member is not entitled to vote unless he had a qualifying shareholding at the qualifying shareholding date, that he had or, so far as he can reasonably foresee, will have such a shareholding on that date.

(3) A building society shall secure that every document issued by it for use as a voting paper or as an instrument for the appointment of a proxy incorporates a form of declaration under this paragraph for completion by the member using it.

(4) If a building society fails to comply with the requirements of sub-paragraph (3) above, the society shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale and so shall any officer who is also guilty of the offence.

(5) In this paragraph—

• “qualifying shareholding” shall be construed in accordance with paragraph 23(5) above;

• “qualifying shareholding date” has the same meaning as it has for the purposes of paragraph 23 above; and

• “voting date” has the meaning given by paragraph 23(6) above.

Modifications etc. (not altering text)

C1 Sch. 2 Pt. III paras. 22, 34 excluded by S.I. 1987/426, art. 3