Friendly Societies Act 1992

Requirements for alteration of memorandum and rules E+W+S+N.I.

6 (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. E+W+S+N.I.

(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 [F1 Authority]—

(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 [F1 Authority] under sub-paragraph (4) above and the [F1 Authority] is satisfied that the alteration is in conformity with this Act, the [F1 Authority] 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 [F1 Authority]; and

(b) the [F1 Authority] shall keep the copy in the public file of the society;

but the [F1 Authority] 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.

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Amendments (Textual)

F1 Words in Sch. 3 para. 6 substituted (17.8.2001 for specified purposes and otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8(1), 13(1), Sch. 3 para. 120(a) (with art. 13(3), Sch. 5); S.I. 2001/2617, art. 2(1)

Commencement Information

I1 Sch. 3 para. 6 wholly in force; Sch. 3 para. 6 not in force at Royal Assent see s. 126(2); Sch. 3 para. 6 in force at 1.2.1993 by S.I. 1993/16, art. 2, Sch. 3