« AnteriorContinuar »
FORMS OF CERTIFICATE TO BE GIVEN UNDER THIS ACT (c).
Certificate of incorporation.
I, registrar of Building Societies in [England, Scotland or Ireland), hereby certify that the Building Society, established at in the county of is incorporated under “ The Building Societies Act, 1874."
Given under my hand this
Registrar of Building Societies.
Certificate of Registration of alteration of Rules.
I, Registrar of Building Societies in (England, Scotland, or Ireland), hereby certify that the foregoing alterations of [or addition to] the rules of the Building Society, established at in the county of are registered under “The Building Societies Act, 1874." Given under my hand this
Registrar of Building Societies.
Certificate of Registration of change of Name.
I, — Registrar of Building Societies in [England, Scotland, or Ireland), hereby certify that the registered name of the Building Society, established at
in the county of
is changed from the date hereof to the name following :pursuant to “ The Building Societies Act, 1874.” Given under my hand this
Registrar of Building Societies.
(c) These forms are new.
The forms of certificate correspond with those provided for Industrial and Provident Societies by 30 & 31 Vict. c. 117.
SOCIETIES UNDER THE ACT OF 1836 NOT INCOR
PORATED UNDER THE ACT OF 1874.
The Act of 1874 leaves that of 1836 unrepealed as to societies which do not become incorporated, but provides that the things heretofore done by or sent to the barrister or advocate and the clerk of the peace shall be done by or sent to the registrar, and that such societies shall be deemed to be societies under the Act of 1874. (Sects. 7, 8.-See “ Introduction.”)
6 & 7 WILL. 4, CAP. 32.
An Act for the regulation of Benefit Building Societies.
[14th July, 1836.] WHEREAS certain societies commonly called Building Societies have been established in different parts of the Kingdom principally amongst the industrious classes, for the purpose of raising by small periodical subscriptions a fund to assist the members thereof in obtaining a small freehold or leasehold property, and it is expedient to afford encouragement and protection to such societies and the property obtained therewith : be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same :
I. Societies may be established for the purchase or erection of dwelling-house.] It shall and may be
lawful for any number of persons in Great Britain and Ireland to form themselves into and establish societies for the purpose of raising, by the monthly or other subscriptions of the several members of such societies, shares not exceeding the value of one hundred and fifty pounds for each share, such subscriptions not to exceed in the whole twenty shillings per month for each share, a stock or fund for the purpose of enabling each member thereof to receive out of the funds of such society the amount or value of his or her share or shares therein, to erect or purchase one or more dwelling-house or dwelling-houses, or other real or leasehold estate to be secured by way of mortgage to such society until the amount or value of his or her shares shall have been fully repaid to such society with the interest thereon, and all fines or other payments incurred in respect thereof, and to and for the several members of each society from time to time to assemble together, and to make, ordain, and constitute such proper and wholesome rules and regulations for the government and guidance of the same as to the major part of the members of such society so assembled together shall seem meet, 80 as such rules shall not be repugnant to the express provisions of this Act and to the general laws of the
and to impose and inflict such reasonable fines, penalties, and forfeitures upon the several members of any such society who shall offend against any such rules, as the members may think fit, to be respectively paid to such uses for the benefit of such society as such society by such rules shall direct, and also from time to time to alter and amend such rules as occasion shall require, or annul or repeal the same, and to make new rules in lieu thereof, under such restrictions as are in this Act contained : provided that no member shall receive or be entitled to receive from the funds of such society any interest or dividend, by way of annual or other periodical profit apon any shares in such society, until the amount or value of his or her share shall have been realized, except on the with
drawal of such member, according to the rules of such society then in force.
[Sect. II. provides that bonus, &c., shall not be deemed usurious; but it is rendered unnecessary by the repeal of the usury laws.]
III. Rules may be made to provide forms of conveyance, &c.] And be it further enacted, that it shall and
may be lawful to and for any such society, in and by the rules thereof, to describe the form or forms of conveyance, mortgage, transfer, agreement, bond, or other instrument which may be necessary for carrying the purposes of the said society into execution; and which shall be specified and set forth in a schedule to be annexed to the rules of such society, and duly certified and deposited as hereinafter provided.
IV. Provisions of Friendly Society Acts of 10 Geo. 4, c. 56, and 4 & 5 Will. 4, c. 40, extended to this Act.] And be it further enacted, that all the provisions of a certain Act made and passed in the tenth year of the reign of His late Majesty King George the Fourth, intituled “ An Act to consolidate and amend the laws relating to Friendly Societies," and also the provisions of a certain other Act made and passed in the fourth and fifth years of the reign of His present Majesty King William the Fourth, intituled “ An Act to amend an Act of the tenth year of His late Majesty King George the Fourth, to consolidate and amend the laws relating to Friendly Societies," so far as the same, or any part thereof, may be applicable to the purpose of any benefit building society, and to the framing, certifying, enrolling, and altering the rules thereof, shall extend and apply to such benefit building society and the rules thereof, in such and the same manner as if the provisions of the said Acts had been herein expressly re-enacted.
V. Receipt endorsed on mortgage to be sufficient discharge without re-conveyance.] And be it further enacted, that it shall be lawful for the trustees named in any mortgage made on behalf of such societies, or the survivor or survivors of them, or for the trustees for the time being, to endorse upon any mortgage or further charge given by any member of such society to the trustees thereof for moneys advanced by such society to any member thereof, a receipt for all moneys intended to be secured by such mortgage or further charge, which shall be sufficient to vacate the same, and vest the estate of and in the property comprised in such security, in the person or persons for the time being entitled to the equity of redemption, without it being necessary for the trustees of any such society to give any re-conveyance of the property so mortgaged, which receipt shall be specified in a schedule to be annexed to the rules of such society, duly certified and deposited as aforesaid.
[The provisions of sect. 42 of the Act of 1874, and the form in the schedule, apply to incorporated societies only.]
VI. Not to authorize investment of funds in savings' bank.] Provided always, and be it further enacted, that nothing herein contained shall authorize any benefit building society to invest its funds, or any part thereof, in any savings' bank or with the commissioners for the reduction of the national debt.
[Other investments are authorized by 10 Geo. 4, c. 56, s. 13 and 37 & 38 Vict. c. 42, s. 25.]
VII. Benefit of Act to extend to all societies established prior to June 1836.] 'And be it further enacted, that all building societies established prior to the first day of June one thousand eight hundred and thirty-six shall be entitled to the protection and benefits of this Act, on their present rules being duly certified and deposited as directed by the said recited