Building Societies Act 1986

76 Summary financial statement for members and depositors.U.K.

(1)The directors of a building society shall, with respect to each financial year, prepare for members and depositors a summary financial statement for that year, that is to say, a statement derived from the annual accounts, annual business statement and director’s report, giving a summary account of the society’s financial development during and financial position at the end of the year.

(2)Where the society has [F1connected undertakings] the statement shall (so far as they are dealt with in the group accounts) give an account of the financial development and position of the society and its [F2connected undertakings].

(3)The Commission may, by regulations made with the consent of the Treasury, make provision with respect to—

(a)the form of the summary financial statement, and

(b)the information which must be included in it.

(4)Every summary financial statement shall also include in the prescribed form statements to the effect that—

(a)it is only a summary of information in the accounts, business statement and directors’ report;

(b)in so far as it summarises the information in the accounts, those accounts have been audited;

(c)the accounts, business statement and director’s report will be available to members and depositors free of charge on demand at every office of the society after a specified date.

(5)Every summary financial statement shall include a statement of the auditors’ opinion as to its consistency with the accounts, business statement and directors’ report and its conformity with the requirements of this section and regulations made under it.

(6)The power to make regulations under subsection (3) above is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)The summary financial statement shall be signed by two directors on behalf of the board of directors and by the chief executive of the society.

(8)A copy of the summary financial statement and, where this subsection extends under section 78(6) to the auditors’ report also, of the auditors’ report shall be sent by the society, not later than 21 days before the date of the annual general meeting at which the accounts and reports are to be considered, to—

(a)every member of the society who is entitled to receive notice of the meeting,

(b)the Commission, and

(c)the central office.

(9)A copy of the summary financial statement and, where this subsection extends under section 78(6) to the auditors’ report also, of the auditors’ report shall be given or sent by the society free of charge, at any time during the period ending with the publication of the next summary financial statement, to—

[F3(a)any individual who for the first time subscribes for shares in the society, on his first subscribing for the shares, and]

(b)any member of the society who was not sent a copy under subsection (8)(a) above, within seven days of his making a demand for a copy.

(10)If default is made by a building society in complying with subsection (8) above, the society shall be liable on summary conviction—

(a)to a fine not exceeding level 5 on the standard scale; and

(b)in the case of a continuing offence, to an additional fine not exceeding £200 for every day during which the offence continues,

and so shall any officer who is also guilty of the offence.

(11)If default is made by a building society in complying with subsection (9) above, the society shall be liable on summary conviction—

(a)to a fine not exceeding level 3 on the standard scale; and

(b)in the case of a continuing offence, to an additional fine not exceeding £40 for every day during which the offence continues,

and so shall any officer who is also guilty of the offence.

(12)The central office shall keep the copy of the summary financial statement received by it under subsection (8) above in the public file of the society.

Textual Amendments

F1Words in s. 76(2) substituted (1.12.1997 in specified cases and for specified purposes and otherwise in accordance with art. 2(2)(3)(5) of S.I. 1997/2668) by 1997 c. 32, ss. 43, 47(3), Sch. 7 para. 33(1)(a); S.I. 1997/2668, art. 2, Sch. Pt. II(w)(z)(xx)

F2Words in s. 76(2) substituted (1.12.1997 in specified cases and for specified purposes and otherwise in accordance with art. 2(2)(3)(5) of S.I. 1997/2668) by 1997 c. 32, ss. 43, 47(3), Sch. 7 para. 33(1)(b); S.I. 1997/2668, art. 2, Sch. Pt. II(w)(z)(xx)