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Appointment of auditors. 85.(1) A resolution at a building society's annual general meeting (a)appointing as auditor a person other than a retiring auditor; or (b)providing expressly that a retiring auditor shall not be re-appointed; (2) A building society shall give to its members notice of any such resolution at the same time and in the same manner as it gives notice of the meeting, or, if that is not practicable, shall give them notice of the resolution, not less than twenty-one days before the meeting, either by advertisement in a newspaper having an appropriate circulation or in any other way allowed by the rules of the society. (3) On receipt by a building society of notice given under subsection (1) of an intended resolution, the society shall forthwith send a copy of the notice to the retiring auditor, if any, and to the person, if any, whom the resolution proposes to appoint as auditor. (4) Subject to subsection (5), where such a notice is given, and the retiring auditor makes representations in writing to the building society (not exceeding a reasonable length) with respect to the intended resolution, and requests that those representations be notified to members of the society, the society shall, unless the representations are received too late for it to do so, (a)in any notice of the resolution given to members of the society, state the fact of the representations having been made, and (b)send a copy of the representations to every member of the society to whom notice of the meeting is sent (whether before or after receipt of the representations by the society); (5) Copies of any such representations need not be sent out, and the representations need not be read out at the meeting, if, on the application either of the building society or of any other person who claims to be aggrieved, a Judge of the High Court is satisfied that the rights conferred by this section are being abused to secure needless publicity for defamatory matter; and the Judge may order the building society's costs on an application under this section to be paid, in whole or in part, by the auditor, notwithstanding that he is not a party to the application. (6) Subsections (4) and (5) shall apply in relation to a resolution to remove the first auditors of a building society, by virtue of section 84(4)(b), as they apply in relation to a resolution that a retiring auditor shall not be re-appointed.
© 1967 Crown Copyright
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URL: http://www.bailii.org/nie/legis/num_act/bsai1967346/s85.html