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BUILDING SOCIETIES ACT (NORTHERN IRELAND) 1967 - SECT 85

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.


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© 1967 Crown Copyright

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