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Expenses of registrar under ss.48 to 53. 55.(1) Where, in the case of a building society the assets of which do not exceed one hundred thousand pounds in value, (a)there has in the opinion of the registrar been a change in the scale or character of the business carried on by the society, or arrangements have in his opinion been made for such a change; and (b)the registrar considers it expedient to do so in the interests of persons who have invested or deposited, or may invest or deposit, money with the society; (2) A notice under this section shall state that, unless within such period (not being less than two months) from the service of the notice as may be specified in the notice, there has been produced to the registrar evidence to his satisfaction as to the matters specified in subsection (3), he proposes to give a direction that the society shall not (a)issue any shares or lend or borrow any money; or (b)issue or cause to be issued any advertisement. (3) The said matters are (a)that the directors of the society, or, as the case may be, one or more of them, have been issued with shares in the society on terms which comply with the requirements of Schedule 1; (b)that the value of the shares (taking into account, in a case where more than one director has been issued with such shares, the shares issued to all the directors) amounts to five thousand pounds or more; and (c)that there has been paid to the society in cash for those shares a sum or sums amounting in all to five thousand pounds or more. (4) Where a notice under this section has been served on a building society, the registrar shall consider any representations made to him within the period of one month from the service of the notice on the society, and, if the society so requests, shall afford it an opportunity of being heard by him within that period. (5) If, at the end of the period specified in such a notice, the registrar has not received evidence to his satisfaction as to the matters specified in subsection (3), he may at any time thereafter give to the society a direction that, while the direction is in force, the society shall not (a)issue any shares or lend or borrow any money; or (b)issue or cause to be issued any advertisement; (6) If at any time after the registrar gives a direction under this section, and before he presents a petition in accordance with subsection (5) for the winding up of the building society, he receives such evidence as is mentioned in that subsection, he shall rescind the direction. (7) If a building society contravenes a direction under this section, it shall be liable on conviction on indictment or on summary conviction to a fine which, on summary conviction, shall not exceed two hundred pounds; and every officer of the society who is in default shall be liable (a)on conviction on indictment, to a fine, or to imprisonment for a term not exceeding two years, or to both; or (b)on summary conviction, to a fine not exceeding two hundred pounds, or to imprisonment for a term not exceeding three months, or to both.
© 1967 Crown Copyright
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URL: http://www.bailii.org/nie/legis/num_act/bsai1967346/s55.html