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FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 71

Exemptions from stamp duty.

71.(1) Subject to subsection (2), where a special resolution has been passed
for the amalgamation, or transfer of the engagements, of a registered friendly
society

(a)any member of the society may by notice in writing complain to
the registrar on the ground that the provisions of this Act or of any rules of
the society relating to the procedure for deciding on the resolution have not
been complied with; and

(b)any person (whether a member of the society or not) who claims that he is
one of a class of persons who to a substantial extent would be adversely
affected by the amalgamation or transfer may by notice in writing complain to
the registrar on that ground.

(2) A complaint under this section may not be made after the expiry of the
period of six weeks referred to in section 70(4), but where such a complaint
is made the copy of the special resolution shall not be registered until the
complaint is finally determined or is withdrawn.

(3) Sections 65(2) and 66(2) and (3) shall apply in relation to a complaint
made to the registrar under this section as they apply in relation to a
dispute referred to him under this Act; and it is hereby declared that the
Arbitration Act (Northern Ireland) 1937 does not apply to proceedings on a
complaint under this section.

(4) Where a complaint is made under this section, the registrar may dismiss it
or if, after giving the complainant and the registered society concerned an
opportunity of being heard, he finds the complaint to be justified, may either

(a)so declare, but make no other declaration or order under this subsection on
the complaint; or

(b)declare the special resolution to be invalid; or

(c)make such order as he thinks fit modifying the terms of the amalgamation or
transfer and, where appropriate, specifying the steps which must be taken
before a copy of the special resolution may be registered;

(5) Where an order has been made under subsection (4)(c) in relation to a
proposed amalgamation or transfer of engagements, the registrar shall not
register a copy of the special resolution for giving effect to that
amalgamation or transfer unless satisfied that any steps specified in the
order have been taken.

(6) Subject to subsections (7) and (8), the validity of a special resolution
passed for either of the purposes referred to in subsection (1) shall not be
questioned in any legal proceedings whatsoever (except proceedings before
the registrar under this section or arising out of any such proceedings) on
any ground on which a complaint could be, or could have been, made to
the registrar under this section.

(7) In the course of proceedings on a complaint under this section
the registrar may, if he thinks fit, at the request of the complainant or of
the registered society concerned, state a case for the opinion of the Court of
Appeal on any question of law arising in the proceedings; and the decision of
the court on a case stated under this subsection shall be final.

(8) Without prejudice to subsection (1), where a special resolution has been
passed for the amalgamation of a registered friendly society (whether or not
the resolution has taken effect) any person, whether a member of the society
or not, who

(a)claims to be entitled to receive any form of benefit from the society, and

(b)is dissatisfied with the provision made for satisfying his claim,

Objections to amalgamations and transfers of engagements of friendly
societies.

© 1970 Crown Copyright

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