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Friendly Societies Act 1992
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- UK Public General Acts
- 1992 c. 40
- [SCHEDULE 13A TO 1992 ACT]
- Approval of person proposing...
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Changes over time for: Cross Heading: Approval of person proposing to become controller
Version Superseded: 01/12/2001
Alternative versions:
- 01/09/1994- Amendment
- 01/12/1998
Point in time - 01/12/2001- Amendment
Status:
Point in time view as at 01/12/1998.
Changes to legislation:
There are currently no known outstanding effects for the Friendly Societies Act 1992, Cross Heading: Approval of person proposing to become controller.
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Approval of person proposing to become controllerU.K.
1(1)No person shall become a controller of a friendly society to which section 37(2) or (3) above applies unless–
(a)he has served on the Commission a notice stating–
(i)that he intends to become a controller of the society; and
(ii)the details of the voting rights which he proposes to acquire; and
(b)either the Commission has, before the expiration of the period of three months beginning with the date of service of that notice, notified him that there is no objection to his becoming a controller of the society, or that period has elapsed without the Commission having served on him a notice of objection.
(2)The Commission may serve a notice of objection under sub–paragraph (1) above on the ground–
(a)that it appears to the Commission that the person concerned is not a fit and proper person to become a controller of the society; or
(b)that it appears to it that, if that person were to acquire such voting rights, the criteria of prudent management would not or might not continue to be fulfilled in respect of the society.
(3)Before serving such a notice the Commission shall serve on the person proposing to become a controller a preliminary notice stating–
(a)that the Commission is considering the service on that person of a notice of objection on that ground; and
(b)that the person may, within the period of one month from the date of service of the preliminary notice, make written representations to the Commission and, if that person so requests, oral representations to an officer of the Commission appointed for the purpose by the Commission.
(4)The Commission shall not be obliged to disclose to any person any particulars of the ground on which he is considering the service on him of a notice of objection.
(5)Where representations are made in accordance with this paragraph the Commission shall take them into consideration before serving the notice of objection.
Modifications etc. (not altering text)
C1Sch. 13A para. 1(1)(a) modified (1.12.2001) by S.I. 2001/2637, arts. 1, 3(2)(d); S.I. 2001/3538, art. 2(1)
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