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SCHEDULES

SCHEDULE 2U.K. Establishment, Incorporation and Constitution of Building Societies

Modifications etc. (not altering text)

C1Sch. 2 modified (3.1.1995) by 1994 c. 40, ss. 17(3), 82(2)

C2Sch. 2 applied (with modifications) (7.4.2010) by The Building Societies (Financial Assistance) Order 2010 (S.I. 2010/1188), arts. 1(2), 8

Part IU.K. General

Joint shareholdersU.K.

7(1)Two or more persons may jointly hold shares in a building society and the following provisions of this paragraph shall apply to any shares so held.U.K.

(2)In this paragraph, in relation to any shares jointly held, “representative joint holder” means that one of the joint holders who is named first in the records of the society.

(3)Except where the rules of the society otherwise provide, any notice or other document may be given or sent by the society to the joint holders by being given or sent to the representative joint holder; but this sub-paragraph shall not prevent any of the joint holders from exercising the rights under this Act of a member of a building society to obtain from the society on demand a copy of F1... the annual accounts and the annual business statement.

(4)For the purpose of determining—

(a)who is entitled to vote in an election of directors of the society;

(b)who is qualified to vote on a resolution of the society, and

(c)where it is relevant, the number of votes a person may then give,

the shares shall be treated as held by the representative joint holder alone; and accordingly a person who is a member of the society by reason only of being a joint holder of those shares (other than the representative joint holder) shall not be entitled to vote in any such election or qualified to vote on any such resolution.

(5)For the purposes of sections 87 and 93 to 102 the shares shall be treated as held by the representative joint holder alone; and accordingly a person who is a member of the society by reason only of being a joint holder of those shares (other than the representative joint holder) shall not be regarded as a member of the society for the purposes of those sections.

[F2(5A)In its application to section 100, sub-paragraph (5) above shall have effect subject to the provisions of section 102A.]

(6)The representative joint holder (but none of the other joint holders) shall have the right to join in making an application under section 56 and any reference in that section to the total membership of a building society shall be construed accordingly.

(7)In the register to be maintained under paragraph 13 below the entry of that one of the joint holders who is the representative joint holder shall indicate that fact.

(8)The joint holders shall be entitled to choose the order in which they are named in the records of the society.

Textual Amendments

F1Words in Sch. 2 para. 7(3) omitted (18.2.2014) by virtue of Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(2), Sch. 9 para. 7(b)

F2Sch. 2 para. 7(5A) inserted (1.5.1995 with application as mentioned in s. 2(2) of the amending Act) by 1995 c. 5, s. 1(2)