Section 7Part 3 — Rules and Certification
Rules and alterations to be submitted to Attorney General
←→ Navigate · Click subsection badges to collapse · Press ? for help
Two transcripts of all rules made by any society under this Law, and of all alterations, amendments, rescissions and annullings thereof, signed by three directors and countersigned by the clerk or secretary of the society, shall be submitted, within one month from the making, to the Attorney General, for the purpose of advising and certifying that such rules, amendments, alterations, rescissions and annullings are calculated to carry into effect the intention and purposes for which the society was formed, and are in conformity to law and this Law, and advising and certifying what parts of the same are repugnant thereto. When such transcripts have been so certified, one shall be returned to the society and kept by such society or the proper officer thereof for the time being, and the other transcript forthwith transmitted by the Attorney General to the Registrar, to be filed and preserved in the office of the Registrar.
The receipt of such certified transcript shall be an authority to the Registrar to register such society by entering its name in the register book mentioned in section 29 (if such society is not already registered) and thereupon the society shall be deemed to be a duly incorporated building society under this Law. The rules, and all alterations and amendments, certified, transmitted and filed, shall be, from the time of the filing, the rules of the society to which they relate until they are duly rescinded, annulled or altered, and are binding on the members and officers of the society, the contributors and subscribers, all other persons having interest therein, on their representatives and on all persons claiming on account of a member or under the rules, all of whom shall be deemed to have full notice thereof.
If the Attorney General refuses to certify any rules, alterations or amendments, it shall then be lawful for the persons or society desirous of having the same certified to submit the same to a Judge together with the reasons in writing of the Attorney General for his refusal (which reasons the Attorney General is required on demand to give); and thereupon such Judge may, if that Judge thinks fit, confirm and allow the said rules, alterations or amendments, notwithstanding the refusal of the Attorney General to certify the same; and thereupon the Judge shall cause one transcript of the said rules, alterations or amendments to be sent to the Registrar and the other to the society, and on such rules, alterations or amendments being confirmed and allowed by the Judge, the same consequences shall ensue as if the same had been certified by the Attorney General.
Cross References
- Section 29 of Building Societies Law
the register book mentioned in section 29