[F129BCommon seal. E+W+S
(1)Notwithstanding any enactment or rule of law, a registered society need not have a common seal.
(2)If a registered society has a common seal, the society shall have its registered name engraved on the seal in legible characters.
(3)If, after the coming into force of subsection (1) of this section, a registered society decides to have a common seal, it shall not cause such a seal to be made unless the registered rules of the society contain provision for the custody and use of that seal.
(4)Section 62 of this Act does not apply in respect of an offence committed by a registered society under section 61 of this Act where the offence consists of a failure to comply with subsection (2) or (3) of this section.
(5)Any officer of a registered society, or any other person acting on such a society’s behalf, who uses or authorises the use of any seal purporting to be the common seal of the society which does not have the society’s registered name engraved on it in legible characters shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6)In this section “enactment” includes an enactment comprised in—
(a)an Act of the Scottish Parliament;
(b)subordinate legislation, whether made under an Act or an Act of the Scottish Parliament. ]
Textual Amendments
F1 Ss. 29B-29G inserted (20.10.2003) by Co-operatives and Community Benefit Societies Act 2003 (c. 15) , ss. 5(1) , 7(1) ; S.I. 2003/2678 , art. 2(2)