[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 84

84.(1) On receipt of an application under this section relating to a
registered society or branch and after giving not less than one month's notice
in writing to the society or branch, the registrar, either by himself or by
any actuary or auditor or other person whom the registrar may appoint in
writing under his hand, may investigate the affairs of the society or branch.

(2) An application under this section shall be made in writing under the hands
of the like proportion or number of members and, in the case of a society with
branches with the like consent, as are required for the making of an
application under section 76 and shall

(a)state that the funds of the society or branch are insufficient to meet the
existing claims thereon, or that the rates of contribution fixed in the rules
of the society or branch are insufficient to cover the benefits assured; and

(b)set forth the grounds on which the insufficiency is alleged; and

(c)request an investigation into the affairs of the society or branch with a
view to the dissolution thereof.

(3) Subject to subsection (4), if upon an investigation under this section it
appears that the funds of the society or branch are insufficient to meet the
existing claims thereon, or that the rates of contribution fixed in the rules
of the society or branch are insufficient to cover the benefits assured to be
given by the society or branch, the registrar may, if he considers it
expedient to do so, award that the society or branch be dissolved and its
affairs wound up, and where such an award is made the registrar shall direct
in what manner the assets of the society or branch shall be divided or
appropriated.

(4) Where the registrar makes an award under subsection (3), he may suspend
the operation thereof for such period as he may deem necessary to enable the
society or branch to make such alterations and adjustments of contributions
and benefits as will in his judgment prevent the necessity of the award of
dissolution coming into operation; and where, within that period, the society
or branch makes such alterations and adjustments the registrar may cancel the
award.

(5) The registrar proceeding under this section shall have the same powers and
authorities, enforceable by the same penalties, as in the case of a dispute
referred to him under this Act.

(6) Within 21 days after the making of an award of dissolution of a society or
branch, the registrar shall advertise notice of the award of dissolution in
the Belfast Gazette and in some newspaper in general circulation in the
neighbourhood of the registered office of the society or branch; and unless

(a)a member or other person interested in or having any claim on the funds of
the society or branch commences, within three months from the date of the
Belfast Gazette in which that advertisement appears, proceedings to set aside
the dissolution of the society or branch consequent upon the award, and

(b)the dissolution is set aside accordingly,

(7) The expenses of every investigation and award under this section and of
advertising every notice of dissolution shall be paid out of the funds of the
society or branch before any other appropriation thereof is made.

© 1970 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/fsai1970361/s84.html