SCHEDULES

SCHEDULE 3 Establishment, Incorporation and Constitution of Incorporated Friendly Societies

Requirements for alteration of memorandum and rules

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1

An incorporated friendly society may in the manner prescribed by its rules alter the memorandum or rules of the society by the addition, rescission or variation of any provision.

2

Sub-paragraph (1) above does not apply to any alteration to which section 13(6) above applies or which is prohibited by paragraph 4(2) above.

3

An alteration to the name or registered office of an incorporated friendly society shall (instead of being effected under this paragraph) be effected under paragraph 9 or 12 below; and it is not necessary to alter the memorandum or rules of such a society by reason only that its name or registered office is changed.

4

Where a society makes an alteration of its memorandum or rules under this paragraph, it shall send to the F1Authority

a

3 copies of a record of the alteration signed by the secretary; and

b

a statutory declaration by the secretary that the alteration was made in accordance with the procedure prescribed by the society’s rules.

5

On making an alteration of its memorandum or rules under this paragraph the society shall determine the date on which it intends the alteration to take effect; and the record of the alteration shall specify that date (in this paragraph referred to as “the specified date”).

6

Where copies of a record of an alteration of a society’s memorandum or rules are sent to the F1Authority under sub-paragraph (4) above and the F1Authority is satisfied that the alteration is in conformity with this Act, the F1Authority shall—

a

retain and register one of the copies;

b

return another to the secretary of the society together with a certificate of registration of the alteration; and

c

keep another copy, together with a copy of the certificate of registration of the alteration, in the public file of the society.

7

An alteration of the memorandum or rules of a society under this paragraph shall not take effect until the specified date or, if the alteration is registered under sub-paragraph (6) above on a later date, the date on which the certificate of registration is issued.

8

If an incorporated friendly society arranges for the publication in consolidated form of its memorandum or rules as altered for the time being—

a

it shall send a copy to the F1Authority; and

b

the F1Authority shall keep the copy in the public file of the society;

but the F1Authority shall not register the copy.

9

If an incorporated friendly society fails, within the period of 3 months beginning with the date on which an alteration to its memorandum or rules is made, to comply with sub-paragraph (4) above, the society shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.