SCHEDULES

SCHEDULE 3 Establishment, Incorporation and Constitution of Incorporated Friendly Societies

Requirements for establishment and incorporation

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1

A registered friendly society may be incorporated under this Act only if the following steps are taken—

a

the proposal to apply for incorporation is submitted to the members of the society for their consent by the procedure required for a proposal to amend the rules (or, in the case of a society with branches, the general rules) of the society;

b

consent to the application is given in accordance with that procedure;

c

the society agrees, in accordance with that procedure—

i

upon the purposes of the society after incorporation, and upon the extent of its powers, in a memorandum the provisions of which comply with the requirements of this Schedule; and

ii

upon rules for the regulation of the society after incorporation which comply with the requirements of this Schedule; and

d

there are sent to the F3FCA

i

3 copies of the memorandum and the rules, each signed by at least 7 members and by the secretary of the society; and

ii

a statutory declaration by the secretary that the steps mentioned in paragraphs (a) and (b) above were taken.

2

Where copies of the memorandum, the rules and the statutory declaration are sent to the F3FCA in accordance with paragraph (c) of sub-paragraph (1) above, the F3FCA, if satisfied that—

a

the steps mentioned in sub-paragraph (1)(a) and (b) were taken;

b

the provisions of the memorandum and the rules are in conformity with this Act; F1. . .

c

the name proposed for the society after incorporation is not, in its opinion, undesirable,

shall register the society and issue it with a certificate of incorporation.

F1F2and

d

in the case of a society to which section 37(2) or (3) above applies, the principal place of business of the society is situated in the United Kingdom.