Friendly Societies Act 1908
Friendly Societies Act 1908
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Friendly Societies Act 1908
Friendly Societies Act 1908
Public Act |
1908 No 67 |
|
Date of assent |
4 August 1908 |
|
Contents
An Act to consolidate certain Enactments of the General Assembly relating to Friendly and certain other Societies.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
(1.)
The Short Title of this Act is “The Friendly Societies Act, 1908.”
Enactments consolidated.
(2.)
This Act is a consolidation of the enactments mentioned in the First Schedule hereto, and with respect to those enactments the following provisions shall apply:—
Savings.
(a.)
All societies, corporations, offices, appointments, regulations, rules, resolutions, registers, registrations, tables, valuations, instruments, and generally all acts of authority which originated under any of the said enactments, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated.
(b.)
All matters and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.
2 Interpretation.
1882, No. 36, sec. 2
In this Act, if not inconsistent with the context,—
“Amendment of rule” includes a new rule, and a resolution rescinding a rule:
“Branch” means any number of the members of a society, under the control of a central body, having a separate fund administered by themselves or by a committee of officers appointed by themselves:
“Collector” includes every paid officer, agent, or person, howsoever remunerated, who, by himself or by any deputy or substitute, collects contributions for a society, or holds any interest in a collecting-book of the same; but does not include—
(a.)
The secretary or other officer of a branch of a society who receives contributions on behalf of such society, or of any other branch of the same;
(b.)
Any officer appointed to superintend and receive moneys from collectors within a specified area, and not being himself a collector as hereinbefore defined;
(c.)
Any agent appointed and remunerated by members, and not under the control of the society or of any officer thereof:
“Industrial assurance company” means any company, as defined by “The Life Insurance Act, 1908,”
which grants assurances on any one life for a less sum than twenty pounds, and receives premiums or contributions by means of collectors at less periodical intervals than two months:
“Land” includes hereditaments and chattels real:
“Meeting” includes (where the rules of a society so allow) a meeting of delegates appointed by members:
“Officer” includes any trustee, treasurer, secretary, or member of the committee of management of a society, and any person appointed by the society to sue and be sued on its behalf:
“Persons claiming through a member” includes the executors, administrators, and assigns of a member, and also his nominee where nomination is allowed:
“Property” means all real and personal estate:
“Registered society” means a society registered or deemed to be registered under this Act:
“Registrar” means the Registrar of Friendly Societies, and, where the Deputy Registrar of Friendly Societies is lawfully acting, includes the Deputy Registrar:
“Rules” means rules for the time being:
“Secretary” means the officer appointed by the society to act in that capacity, or the clerk or person who keeps the books and accounts of the society.
Registry Office and Officers
3 Registrar.
1882, No. 36, sec. 5
(1.)
The Governor shall from time to time, by warrant under his hand, appoint some fit person to be the Registrar of Friendly Societies, and such person may hold the office of Registrar in conjunction with any other office which the Governor deems to be not incompatible.
Deputy Registrar. 1892, No. 26, sec. 3
(2.)
The Governor may in like manner from time to time appoint some fit person to be Deputy Registrar of Friendly Societies, with power to act for the Registrar in his absence.
1904, No. 27, secs. 7, 8
(3.)
On the occurrence from any cause of a vacancy in the office of Registrar (whether by reason of the death or resignation of the Registrar or otherwise), and so long as such vacancy continues, the Deputy Registrar shall have and may exercise all the powers, duties, and functions of the Registrar.
(4.)
The fact of the Deputy Registrar exercising any power, duty, or function of the Registrar shall be conclusive proof of his authority so to do, and no person shall be concerned to inquire whether the occasion has arisen requiring or authorising him so to do.
4 Revising Barrister.
1882, No. 36, sec. 5(5)
The Governor shall from time to time appoint a barrister, or solicitor of the Supreme Court practising as a barrister (hereinafter called “the Revising Barrister”
), to peruse the rules and alterations and amendments of rules of every society registered under this Act.
5 Public Auditors and Valuers.
Ibid, sec. 5(6)
The Governor may from time to time appoint lit and proper persons to be Public Auditors and Public Valuers for the purposes of this Act, and may determine from time to time the rates of remuneration to be paid by societies for the services of such Auditors and Valuers:
Provided that it shall not be compulsory upon any society to employ any Auditor or Valuer appointed under this provision.
6 Registry Office.
Ibid, sec. 5(3)
The Registrar shall have his office at such place as the Governor from time to time appoints, and such office shall, for all the purposes of this Act, be and be deemed to be the Registry Office.
7 Assistants.
Ibid, sec. 5(4)
The Registrar may, with the approval of the Governor, have attached to his office such assistants skilled in the business of an actuary and an accountant as are from time to time required for discharging the duties imposed on the Registrar by this Act.
8 Duties of Registrar.
Ibid, sec. 5(7)
(1.)
The Registrar shall, with the approval of the Governor, from time to time—
To prepare model forms.
(a.)
Prepare and cause to be circulated, for the use of societies, model forms of accounts, balance-sheets, and valuations:
To publish statistics.
(b.)
Collect from the returns under this Act and from other sources, and publish and circulate, either generally or in any particular district, or otherwise make known, such information on the subject of the statistics of life and sickness, and the application thereof to the business of friendly societies, and such particulars of their returns and valuations, and such other information useful to the members of or to persons interested in friendly or other societies registered or competent to register under this Act, as the Registrar from time to time thinks fit:
To construct tables.
(c.)
Cause to be constructed and published tables for the payment of sums of money on death, or during sickness or old age, or on any other contingency forming the subject of an assurance authorised under this Act and appearing to be calculable:
Provided that the adoption of such tables by any society shall be optional.
To report yearly to Parliament. Ibid, sec. 5(8)
(2.)
The Registrar shall every year lay before Parliament a report of his proceedings, and of the principal matters transacted by him, and of the valuations returned to or caused to be made by him during the year preceding.
9 Evidence of documents.
1882, No. 36, sec. 6
(1.)
Every instrument or document, copy or extract of an instrument or document, bearing the seal of the Registrar, shall be received in evidence without further proof.
(2.)
Every document purporting to be signed by the Registrar, or any Inspector or Public Auditor or Public Valuer, under this Act shall, in the absence of any evidence to the contrary, be received in evidence without proof of the signature or of the official position of the person appearing to have signed the same.
What Societies may be registered
10 Classes of societies.
Ibid, sec. 7
(1.)
The following societies may be registered under this Act, namely—
Friendly societies.
(a.)
Societies (herein called “friendly societies”
) established to provide by voluntary subscriptions of the members thereof, with or without the aid of donations,—
(i.)
For the relief or maintenance of the members, their husbands, wives, children, fathers, mothers, brothers or sisters, nephews or nieces, or wards being orphans, during sickness or other infirmity, whether bodily or mental, in old age (meaning thereby any age after fifty), or in widowhood, or for the relief or maintenance of orphan children of deceased members during minority:
(ii.)
For insuring money to be paid on the birth of a member’s child, or on the death of a member, or for the funeral expenses of the husband, wife, or child of a member, or of the widow of a deceased member, or, in the case of Jews, for the payment of a sum of money during the period of confined mourning;
(iii.)
For the relief or maintenance of members when on travel in search of employment, or when in distressed circumstances, or in case of shipwreck, or of loss or damage of or to boats or nets:
(iv.)
For the endowment of members or nominees of members at any age:
(v.)
For the insurance against fire to any amount, not exceeding fifteen pounds, of the tools or implements of the trade or calling of the members:
Provided that no society that contracts with any person for the assurance of an annuity exceeding fifty pounds per annum, or of a gross sum exceeding two hundred pounds, shall be registered under this Act:
Cattle-insurance societies.
(b.)
Societies (herein called “cattle-insurance societies”
) for the insurance to any amount against loss by death of neat cattle, sheep, lambs, swine, and horses from disease or otherwise:
Benevolent societies.
(c.)
Societies (herein called “benevolent societies”
) for any benevolent or charitable purpose:
Working-men’s clubs.
(d.)
Societies (herein called “working-men’s clubs”
) for purposes of social intercourse, mutual helpfulness, mental and moral improvement, and rational recreation.
As to existing societies. 1882, No. 36, sec. 3
(2.)
Every society or branch of a society now existing whose rules have been registered, enrolled, or certified under any Act relating to friendly societies shall be deemed to be a society or branch registered under this Act, and its rules shall, so far as the same are not contrary to any express provision of this Act, continue in force until altered or rescinded.
Registration of Societies
11 Minimum number of members.
Ibid, sec. 9
(1.)
No society shall be registered under this Act unless it consists of seven persons at least.
Application to register.
(2.)
For the purpose of registration, an application to register the society, signed by seven members and the secretary, and at least two written or printed copies of the rules, together with a list of the names of the secretary and of every trustee or other officer authorised to sue and be sued on behalf of the society, shall be sent to the Registrar.
12 Name of society.
Ibid, sec. 9(3)
No society shall be registered under a name identical with that under which any other existing society is registered, or so nearly resembling such name as to be likely, or in any name likely, in the opinion of the Registrar, to deceive the members or the public as to its identity; and no society shall change its name without the sanction of the Registrar as hereinafter provided.
13 Dividing societies.
Ibid, sec. 9(4)
A society (other than a benevolent society or workingmen’s club) shall not be disentitled to registration by reason of any rule for or practice of dividing any part of the funds thereof, if the rules thereof contain distinct provision for satisfying, before any such division takes place, all claims upon the society which exist at the time of division.
14 Societies granting annuities.
Ibid, sec. 9(5)
No society assuring to any member a certain annuity shall be entitled to registration unless the tables of contribution for such assurance, certified by the actuary attached to the office of the Registrar, or by some actuary approved by the Governor who has exercised the profession of actuary for at least five years, are sent to the Registrar with the application for registration.
15 Rules to be submitted to Revising barrister.
Ibid, sec. 9(6), (7)
(1.)
On receiving the copies of the rules as aforesaid the Registrar shall forthwith transmit one copy to the Revising Barrister.
(2.)
If after perusing the rules the Revising Barrister is of opinion that they are consistent with the requirements of this Act and the law of New Zealand, he shall certify thereon according to the form numbered (1) in the Second Schedule hereto.
(3.)
If after perusing the rules the Revising Barrister is of opinion that the objects of the society or any of them, or any of the rules, are repugnant to or inconsistent with this Act or the law of New Zealand, he shall notify the same in writing to the Registrar, specifying in what particulars the rules or other matters are repugnant or inconsistent as aforesaid; and the Registrar shall thereupon return the rules to the secretary of the society, with a copy of the objections made by the Revising Barrister, and the society may thereupon transmit amended rules, signed as before required, or, if possible, comply with any requirements of this Act which were previously omitted.
16 Acknowledgment of registration.
1882, No. 36, sec. 9(8) to (10)
(1.)
The Registrar, on being satisfied that a society has complied with the provisions as to registration in force under this Act, shall issue to such society an acknowledgment of registration, specifying the designation of the society according to the classification hereinbefore set forth.
(2.)
Such acknowledgment shall be in the form numbered (2) in the Second Schedule hereto.
Appeal from refusal to register.
(3.)
If the Registrar refuses to register the society, or any rules thereof, the society may appeal from such refusal to the Supreme Court.
(4.)
If the refusal of registration is overruled on appeal, an acknowledgment of registration shall forthwith be given to the society by the Registrar.
Rules as to appeals.
(5.)
The rules from time to time made under “The Judicature Act, 1908,”
may provide for the form of such appeals, and the hearing thereof, and otherwise relating thereto.
17 Effect of acknowledgment.
Ibid, sec.9(11)
(1.)
An acknowledgment of registration shall be conclusive evidence that the society therein mentioned is duly registered, unless it is proved that the registration of the society has been suspended or cancelled.
Acknowledgment to be gazetted. Ibid, sec. 9(12)
(2.)
Every acknowledgment of registration shall be gazetted.
Cancelling or Suspension of Registration
18 Cancelling and suspension of registration.
Ibid, sec. 10
(1.)
The Registrar may, by writing under his hand, cancel the registration—
(a.)
Of a society or branch, if he thinks fit, at the request of the society, to be evidenced in such manner as he from time to time directs, or on proof to his satisfaction that the society or branch has less than seven members, or has ceased to exist:
(b.)
Of a society, with the approval of the Governor, on proof to his satisfaction that the acknowledgment of registration was obtained by fraud or mistake, or that the society exists for an illegal purpose, or has wilfully and after notice from the Registrar violated any of the provisions of this Act.
(2.)
Where the Registrar might, with the approval of the Governor, cancel the registration of a society, he may suspend the same, by writing under his hand, for any term not exceeding three months, and may, with the approval of the Governor, renew such suspension from time to time for a like period.
(3.)
Before cancelling the registration of any society or branch, or suspending the registration of any society, the Registrar shall give to the society not less that two months’ notice in writing, stating the grounds of such proposed cancelling or suspension:
Provided that such notice shall not be necessary in any case where the society or branch has ceased to exist, or where the society has requested that its registration shall be cancelled.
(4.)
Notification of every such cancelling or suspension shall as soon as practicable be published in the Gazette, and in some newspaper circulating in the place in which the registered office of the society is or last was situate.
(5.)
A society may appeal from the cancelling of its registration, or (where the same has been suspended for two consecutive periods not exceeding six months in the whole) against any renewal of suspension, in the manner hereinbefore provided for appeals from the Registrar’s refusal to register.
(6.)
A society whose registration has been cancelled or suspended, or a branch whose registration has been cancelled, shall, from the time of such cancelling or suspension (but, if suspended, only while such suspension lasts, and subject also to the right of appeal hereby given), absolutely cease to enjoy as such the privileges of a registered society or branch.
(7.)
Such cancelling or suspension shall not relieve the society or branch from any liability actually incurred by it, but such liability may be enforced against it as if the cancelling or suspension had not taken place.
Rules of Societies
19 Rules of societies.
1882, No. 36, sec. 11
The rules of every society sent for registration shall, according to the class in which the society is to be registered and so far as they are applicable to the constitution of such society, contain provisions as to the several matters mentioned in the Third Schedule hereto.
20 Amendments of rules.
Ibid, sec. 11(2)
(1.)
No amendment of a rule made by a registered society shall be valid until the same has been registered under this Act, for which purpose copies of the same, signed by three members and the secretary, shall be sent to the Registrar.
Ibid, sec. 11(4)
(2.)
All amendments of rules shall be submitted for the perusal of the Revising Barrister in the manner provided by section fifteen hereof as to rules transmitted to the Registrar upon an application for registration.
21 Registration of amendments.
Ibid, sec. 11(5)
(1.)
Where the Registrar is satisfied that any amendment of a rule is not contrary to the provisions of this Act, he shall issue to the society an acknowledgment of the registration of the same in the form numbered (3) in the Second Schedule hereto, and such acknowledgment shall be conclusive evidence that the amendment is duly registered.
(2.)
An appeal shall lie from the Registrar’s refusal to register an amendment of a rule in like manner as from his refusal to register a rule.
22 Copies of rules.
Ibid, sec. 11(6)
(1.)
A copy of the rules of a registered society or of a registered branch shall be delivered by the society or registered branch to every person on demand, on payment of a sum not exceeding one shilling.
Offences as to rules. Ibid, sec. 11(7)
(2.)
Every person is guilty of an indictable offence punishable by imprisonment with or without hard labour for any term not exceeding two years or by a fine not exceeding fifty pounds who, with intent to mislead or defraud,—
(a.)
Gives to any other person a copy of any rules, laws, regulations, or other documents, other than the rules for the time being registered under this Act, on the pretence that the same are existing rules of a registered society or of a registered branch, or that there are no other rules of such society or branch; or
(b.)
Gives to any person a copy of any rules on the pretence that such rules are the rules of a registered society or of a registered branch when such society or branch is not in fact registered.
23 Rules may refer to general laws of order.
1882, No. 36, sec. 11(8)
(1.)
No rule or amendment of a rule of a society or branch shall be disentitled to be registered by reason of its expressing or implying any subordination to the central body of the same order outside New Zealand, or by reason of its containing any reference to one or more of the general laws of the said order:
Provided that such general laws are or have been forwarded to the Registrar by such society or branch.
(2.)
Where provision is made in such general laws for any of the matters specified in the Third Schedule hereto, the society shall be deemed to have sufficiently complied with section nineteen hereof if reference is made in the rules of the society to the general law or laws making such provision:
Provided that nothing herein shall have the effect of giving force to any general law that is contrary to any of the express provisions of this Act.
Duties and Obligations of Societies
24 Registered office.
Ibid, sec. 12(1)(a)
Every registered society shall have a registered office to which all communications and notices may be addressed, and shall send to the Registrar notice of the situation of such office, and of every change therein.
25 Appointment of trustees.
Ibid, sec. 12(1)(b)
Each such society shall from time to time, at some meeting of the society by a resolution of a majority of the members present and entitled to vote thereat, appoint one or more trustees of the society; and a copy of every such resolution, signed by each trustee so appointed, and by the secretary of the society, shall be sent to the Registrar.
26 Audit.
Ibid, sec. 12(1)(c)
Every such society shall,—
(a.)
Once at least in every year, submit its accounts for audit either to one of the Public Auditors appointed under this Act or to two or more persons appointed as the rules of the society provide, who shall have access to all the books and accounts of the society, and shall examine the general statement of the receipts and expenditure, funds, and effects of the society, and verify the same with the accounts and vouchers relating thereto, and shall either sign the same as found by them to be correct, duly vouched, and in accordance with law, or specially report to the society in what respects they find it incorrect, unvouched, or not in accordance with law; and
Annual returns. Ibid, sec. 12(1)(d)
(b.)
Once in every year before the first day of April, send to the Registrar a general statement (to be called “the annual return”
) of the receipts and expenditure, funds, and effects of the society as audited, showing separately the expenditure on the several objects of the society, and made out to the thirty-first day of December then last; and a copy of the auditor’s report, if any, shall also be sent to the Registrar with such general statement; and
(c.)
State in such annual return whether the audit has been conducted by a Public Auditor appointed under this Act, and the name of such Public Auditor; and if the audit has been conducted by any persons other than a Public Auditor, the name, address, and calling or profession of each of such persons, and the manner in which and the authority under which they were respectively appointed; and
(d.)
If a friendly society, but not otherwise, send with such general statement a list of the members of the society, together with the age of each, and the periods of sickness, deaths, and other contingencies on account of which benefits are given by the society experienced by the society during the year as aforesaid, specifying the members in respect of whom such sickness, deaths, or contingencies have been experienced, and such other information as the Registrar from time to time prescribes.
27 Quinquennial valuation.
1882, No. 36, sec. 12(1)(e).
(1.)
Every society hereafter registered shall, once at least in the live years next after the registration of the society, and so again within six months after the expiration of every five years succeeding the date of the first valuation under this Act, either—
(a.)
Cause its assets and liabilities to be valued by a valuer, to be appointed by the society and approved of by the Governor, and send to the Registrar a report on the condition of the society, signed by such valuer, and showing also his address and calling or profession, together with an abstract made by him of the results of his valuation, and a return containing such information concerning the benefits assured and contributions receivable by the society, and its funds and effects, debts and credits, as the Registrar from time to time requires; or
(b.)
Send to the Registrar a return of the benefits assured and contributions receivable from all the members of the society, and of all its funds and effects, debts and credits, accompanied by such evidence in support thereof as the Registrar prescribes, together with the fee appointed in such cases, whereupon the Registrar shall cause the assets and liabilities of the society to be valued and reported on by some actuary, and shall send to the society a copy of such actuary’s report and an abstract of the results of his valuation.
(2.)
The valuation required by this section is hereinafter called the “quinquennial valuation.”
(3.)
The foregoing provisions of this section shall apply also to every society registered under the Acts heretofore in force relating to friendly societies:
Provided that in the case of each such society the date of the first quinquennial valuation under this Act shall be the date of the first quinquennial valuation which in ordinary course would be hereafter made under those Acts if they had continued in force.
Valuation may be dispensed with in certain cases. 1882, No. 36, sec. 12(9)
(4.)
The Registrar may dispense with the quinquennial valuation in the case of societies to whose purposes or to the nature of whose operations he may deem the same inapplicable.
Certain societies need not make valuation. Ibid, sec. 12(9)
(5.)
The requirements of this Act with respect to the quinquennial valuation shall not apply to benevolent societies, workingmen’s clubs, or cattle-insurance societies.
28 Inspection of books.
Ibid, sec. 12(1)(f)
(1.)
Every registered society shall allow any valuer, or any member or person having an interest in the funds of the society, to inspect the books of the society at all reasonable hours at its registered office, or at any place where the same are kept; but no such member or person, unless he is an officer of the society or is specially authorised by a resolution of the society to do so, shall have the right to inspect the loan account of any other member without the written consent of such member.
Copies of annual return and balance-sheet. Ibid, sec. 12(1)(g)
(2.)
The society shall also supply gratuitously to every member or person interested in the funds of the society, on his application, a copy of the last annual return of the society, or a balance-sheet or other document duly audited, containing the same particulars as to the receipts and expenditure, funds and effects, of the society as are contained in the annual return.
Ibid, sec. 12(1)(h)
(3.)
A copy of the last annual balance-sheet for the time being, and of the valuer’s report of the last quinquennial valuation for the time being, together with the report of the auditors (if any), shall be kept always hung up by the society in a conspicuous place at the registered office of the society.
29 Funds to be kept separate.
Ibid, sec. 12(2)
(1.)
In all registered societies and branches all moneys received or paid on account of each particular fund shall be kept separate and distinct, and shall be entered in a separate account distinct from the moneys received and paid on account of any other fund; and a separate fund or funds shall be established for the payment of all expenses of management, and of all expenses (if any) on account of medical and surgical attendance, including medicine and medical and surgical requisites.
Transfers from one fund to another. 1886, No. 6, sec. 2
(2.)
No transfer shall be made of the moneys of any one benefit fund to meet the liabilities of any other fund, nor shall such moneys or any interest accruing therefrom, up to five per centum per annum, be in any manner applied for the use, whether temporary or permanent, of any fund save the fund to which they properly belong:
Provided that if any valuer, in any report made in accordance with section twenty-seven hereof, reports that any further transfer can be safely made, it shall be lawful to make such transfer accordingly.
30 Application of accrued interest.
Ibid, sec. 3
(1.)
Societies and branches that have been reported to possess a surplus at the last quinquennial valuation, and whose scales of contributions for new members have been certified as adequate by the Registrar, or by any Public Valuer appointed under this Act, or under any Imperial Act to the same purport or in force in the United Kingdom, or by any Fellow of the Institute of Actuaries of Great Britain and Ireland, or any Fellow of the Faculty of Actuaries of Scotland, may apply all interest over and above five per centum per annum accruing from capital funds invested to such purposes as may be approved by the superior and district lodge in the case of a branch lodge, or by the branches in case of a district lodge, whether in New Zealand or in Great Britain or Ireland.
1886, No. 6, sec. 4
(2.)
Any society or branch claiming to avail itself of the provisions of this section shall, until the next quinquennial valuation, be debarred from lowering its rate of contribution to the fund operated upon, or from increasing the amount of any benefit to be paid out of the said fund.
31 Returns and valuations of branches.
1882, No. 36, sec. 12(4)
(1.)
Where a society has branches, there shall be included in the returns and valuations required by this Act returns and valuations in respect of all the branches of the society, whether they are registered or not.
(2.)
Where a branch is registered as a separate society, the returns and valuations required to be made by such branch shall be made at the same period of time as the returns and valuations of the society of which it is a branch.
Branches to supply secretary with necessary information.
(3.)
It shall be the duty of every branch of a registered society to supply the secretary of the society with all such information as he requires to enable him to prepare the returns he is directed by this Act to furnish to the Registrar, and also with all information required to enable a valuation of the assets and liabilities of the society to be made in the terms of this Act.
32 Certificates of death to be required.
Ibid, sec. 12(5)
No society or registered branch shall pay any sum of money upon the death of a member or other person whose death is or ought to be entered in any register of deaths, except on the production of a certificate of such death, under the hand of the Registrar of Births and Deaths or other person having the care of the register in which such death is or ought to be entered, or under the hand of a duly qualified medical practitioner, or on other satisfactory proof of such death; provided that this section shall not apply to deaths at sea.
33 Offences.
Ibid, sec. 12(6)
(1.)
It shall be an offence against this Act if any registered society or any registered branch—
(a.)
Wilfully fails to give any notice, send any return or document, or do or allow to be done any act or thing that the society or registered branch is by this Act required to give, send, do, or allow to be done; or
(b.)
Wilfully neglects or refuses to do any act or to furnish any information required for the purposes of this Act by the Registrar or other person authorised under this Act, or does any act or thing forbidden by this Act; or
(c.)
Makes a return or wilfully furnishes information that is in any respect false or Insufficient.
Offences by societies to be also offences by officers, &c. Ibid, sec. 12(7)
(2.)
Every offence against this Act committed by a society or by a registered branch shall be deemed to have been committed also by every officer of the same bound by the rules thereof to fulfil any duty whereof such offence is a breach, or, if there is no such officer, then by every member of the committee of management of the same, unless such member is proved to have been ignorant of or to have attempted to prevent the commission of such offence.
(3.)
Every default under this Act constituting an offence, if continued, constitutes a new offence in every week during which the same continues.
34 Returns to be in prescribed form.
1882, No. 36, sec. 12(8)
Every return, abstract of valuation, and other document required for the purposes of this Act shall be made in such form and shall contain such particulars as the Registrar prescribes.
35 Recording of documents.
Ibid, sec. 12(9)
All documents required to be sent to the Registrar under sections twenty-four to thirty-four hereof shall be deposited with the rules of the societies or registered branches thereof to which the same respectively relate, and shall be registered or recorded by the Registrar, with such observations thereon (if any) as the Registrar thinks fit to make or direct.
Privileges of Societies
36 Certain Imperial Acts not to affect registered societies.
Ibid, sec. 13
No society or registered branch, or meeting of a society or registered branch, shall be affected by any of the provisions of the Acts of the thirty-ninth year of George the Third, chapter seventy-nine, or the fifty-seventh year of George the Third, chapter nineteen, if in such society or registered branch, or at such meeting, no business is transacted other than such as directly and immediately relates to the objects of the society or registered branch as declared by the registered rules thereof; but such society or registered branch, and all officers of the same, shall, on request in writing by two Justices, give full information to such Justices of the nature, objects, proceedings, and practices of the society or registered branch, in default whereof the provisions of the Acts in this section referred to shall, so far as applicable, be in force in respect of such society or registered branch.
37 Exemption from stamp duty.
Ibid, sec. 13(2)
(1.)
Stamp duty shall not be chargeable upon any of the following documents:—
(a.)
A power, warrant, or letter of attorney granted by any person as trustee, for the transfer of any money of a society or registered branch invested in his name in any debentures, bonds, or Treasury bills issued under any Act of Parliament:
1902, No. 12, sec. 17
(b.)
A draft or order or receipt given by or to a registered society or branch in respect of money payable by virtue of its rules or of this Act:
Provided that every cheque drawn on any bank under this subsection shall bear on the face thereof the words “Friendly society’s cheque, to be used only for the purposes of the society on behalf of which it is issued, and not for general circulation”
:
1882, No. 36, sec. 13(2)
(c.)
A bond given to or on account of a society or registered branch, or by the treasurer or other officer thereof:
(d.)
A draft or order, or form of policy, or appointment or revocation of appointment of agent, or other document required or authorised by this Act, or by the rules of the society or registered branch.
Exemption from Customs duties. Ibid, sec. 13(3)
(2.)
Customs duties shall not be chargeable on regalia, emblems, certificates, and banners the property of any society or registered branch.
38 Power of nomination for sums not exceeding £50.
Ibid, sec. 13(4)
(1.)
Any member of a society or registered branch (other than a benevolent society or working-men’s club), being of the age of sixteen years or upwards, may, by writing under his hand delivered at or sent to the registered office of the society or registered branch, nominate any person to whom any moneys payable by the society or registered branch on the death of such member (not exceeding fifty pounds) shall be paid at his decease, and may from time to time revoke or vary such nomination by a writing under his hand similarly delivered or sent; and, on receiving satisfactory proof of the death of the nominator, the society or registered branch shall pay to the nominee the amount due to the deceased member, not exceeding the sum aforesaid:
Provided that no officer or servant of the society or registered branch shall be so nominated unless such officer or servant is the husband, wife, father, mother, child, brother, sister, nephew, or niece of the nominator.
Distribution of sums not exceeding £100. 1882, No. 36, sec. 13(5) 1885, No. 62, sec. 4
(2.)
Where any member of a society or registered branch, entitled from the funds thereof to a sum not exceeding one hundred pounds, dies intestate and without having made any nomination as aforesaid which remains unrevoked at his death, such sum shall be payable, without letters of administration, to the person who appears to a majority of the trustees, upon such evidence as they deem satisfactory, to be entitled by law to receive the same.
Payment to persons apparently entitled valid. 1882, No. 36, sec. 13(6)
(3.)
Where the society or registered branch, after the decease of any member, pays any sum of money to the person who at the time appears to the trustees to be entitled under this section, the payment shall be valid and effectual against any demand made by any other person upon the trustees of the society or registered branch.
39 Transfer of funds to new trustees.
Ibid, sec. 13(7)
(1.)
Where any person, being or having been a trustee of a society or registered branch (whether appointed before or after the legal establishment thereof), has standing or vested in his name, either jointly with another or others or solely, any funds, debentures, securities, or moneys belonging to such society or registered branch, if such person is absent from New Zealand, or becomes bankrupt, or executes any deed of assignment, arrangement, or composition with his creditors, or becomes a lunatic, or dies, or is removed from his office of trustee, or if it is unknown whether such person is living or dead, the Registrar, on application in writing by the secretary and three members of the society or registered branch, and on proof of the facts to his satisfaction, may direct the transfer of such funds, debentures, securities, or moneys into the names of such other persons as trustees for the society or registered branch as are appointed by such society or registered branch.
(2.)
Such transfer shall be made by the surviving or continuing trustees; and if there are no such trustees, or if such trustees refuse or are unable to make such transfer, the Registrar may direct that such transfer of such funds, debentures, securities, or moneys be made,—
(a.)
Where the same are standing in the books of the Minister of Finance, or are in his control, then by the said Minister or some officer of the Government named in the order:
(b.)
Where the same are standing in the books or are in the control of any bank or banking corporation or other corporation or body, then by some officer of such bank or banking corporation or other corporation or body named in the order:
(c.)
Where the same are standing in the books or are in the hands or control of any other person or persons, then by such person or persons.
Indemnity to persons acting under order of Registrar. 1882, No. 36, sec. 13(8)
(3.)
The Minister of Finance and every such bank and banking corporation, and all corporations, companies, and persons, and their officers and servants respectively, are hereby indemnified for anything done by him or them or any of his or their officers in pursuance of this section against any claim or demand of any person injuriously affected thereby.
40 Priority on death, bankruptcy, &c., of officer.
Ibid, sec. 13(9)
Where any officer of a society or registered branch, having in his possession by virtue of his office any money or property belonging to the society or registered branch, dies, or becomes bankrupt, or where any execution, attachment, or other process is issued or action is brought against such officer or against his property, in any such case his executors or administrators, or the Official Assignee, or the Sheriff or other person executing such process, or the party bringing such action, shall, upon demand in writing of the trustees of the society or of the registered branch, or of any two of them, or of any person authorised to make such demand by the society or registered branch, or by the committee of management of the same, pay such money and deliver over such property to the trustees of the society or registered branch in preference to any other debts or claims against the estate of such officer.
41 Membership of minors.
Ibid, sec. 13(10) 1892, No. 26, sec. 2
A person under the age of twenty-one but above the age of sixteen may be a member of a society or registered branch, unless provision is made in the rules thereof to the contrary, and may, subject to the rules of the society, enjoy all the rights of a member (except as herein provided), and execute all instruments and give all acquittances necessary to be executed or given under the rules, but shall not be a trustee, manager, or treasurer of the society or registered branch: Provided that—
(a.)
Societies and branches consisting wholly of members of any age under twenty-one years but exceeding three years may be allowed to register under this Act, subject to such regulations as may be made in that behalf:
(b.)
No rule or practice in force on the thirteenth day of September, one thousand eight hundred and eighty-two (being the date of the coming into operation of “The Friendly Societies Act, 1882”
), for the admission of members under sixteen years of age shall be deemed contrary to any express provision hereof as respects any society then already registered.
42 Fee for certificate of birth or death.
1882, No. 36, sec. 13(11)
(1.)
For the purposes of this Act a certificate of the birth or death of any member of or person insured or to be insured with a registered friendly society or registered branch shall be given under his hand by the Registrar of Births and Deaths, for a sum not exceeding one shilling, in place of all fees or payments in respect of the same, on application for the same in such form and under such regulations as are approved of by the Registrar-General.
(2.)
Where application is made at one time to any such Registrar for more certificates than one of the same birth or death, for the purposes of and in the manner prescribed by this section, or by subsection four of section seventy-one hereof, the sum charged for every such certificate after the first shall not exceed sixpence.
(3.)
Where such Registrar is required by the person applying for any certificate of birth or death to fill up the form of application, he may demand a sum not exceeding sixpence for so filling up any such form.
43 Society may subscribe to hospitals.
1882, No. 36, sec. 13(12)
A society or a registered branch may subscribe out of its funds to any hospital, infirmary, charitable or provident institution, any annual or other sum necessary to secure to members of the society or registered branch and their families the benefits of such hospital, infirmary, or other institution, according to its rules.
Property and Funds of Societies
44 Investment of funds.
Ibid, sec. 14(1)
(1.)
The trustees, with the consent of the committee of management, or of a majority of the members of a society or of a registered branch present and entitled to vote in general meeting, may from time to time invest the funds of such society or registered branch, or any part thereof, to any amount, in any of the following ways:—
(a.)
In the Post-Office Savings-Bank, or in any savings-bank constituted under “The Savings-banks Act, 1908,”
or in such other bank in New Zealand as the Governor from time to time appoints:
(b.)
In any debentures, bonds, or Treasury bills issued by or on behalf of the Government under the authority of any Act:
(c.)
In the purchase of land, or in the erection or alteration of offices or other buildings thereon:
(d.)
Upon any other security expressly directed by the rules of the society or registered branch, not being personal security, except as hereinafter authorised with respect to loans.
(2.)
Nothing herein shall interfere with or restrict any special power or authority given to friendly societies by any Act to invest the funds of such society or registered branch upon any security by such Act authorised.
45 Holding land.
Ibid, sec. 14(2)
(1.)
A society, or any branch of a society, may (if its rules so provide) hold, purchase, or take on lease any land, in the names of the trustees for the time being of such society or branch, in every place where it has an office, and may sell, exchange, mortgage, lease, or build upon such land, with power to alter or pull down buildings and to rebuild the same:
Provided that nothing herein shall authorise any benevolent society to hold land exceeding one acre in extent at any one time.
(2.)
No purchaser, assignee, mortgagee, or tenant shall be bound to inquire as to the authority for any sale, exchange, mortgage, or lease by the trustees, and the receipt of the trustees shall be a discharge for all moneys arising from or in connection with such sale, exchange, mortgage, or lease; and for the purpose of this section no branch of a registered society need be separately registered.
46 Property of society, how vested.
1882, No. 36, sec. 14(3)
(1.)
All property belonging to a society, whether acquired before or after the same is registered, shall vest in the trustees for the time being of the society for the use and benefit of the society and the members thereof, and of all persons claiming through the members according to the rules of the society.
(2.)
The property of any branch of a society shall vest in the trustees of such branch, or in the trustees of the society if the rules of the society so provide, for the use and benefit either of the members of such branch and persons claiming through such members, or of the members of the society generally, and persons claiming through them according to the rules of the society.
Devolution on death, &c., of trustee. Ibid, sec. 14(4)
(3.)
Upon the death, resignation, or removal of a trustee, whether of a society or branch, the property vested in such trustee shall vest in the succeeding trustees of such society or branch, either solely or together with any surviving or continuing trustees, and until the appointment of succeeding trustees in such surviving or continuing trustees only, or in the executors or administrators of the last surviving or continuing trustee, as personal estate (whether the same is real or personal), subject to the same trusts, without conveyance or assignment; except that funds invested in any debentures, bonds, or Treasury bills issued under any Act shall be transferred into the names of the succeeding trustees, either solely or jointly with any surviving or continuing trustees.
Return of names of trustees, &c. Ibid, sec. 14(5)
(4.)
Every society or registered branch shall forward from time to time to the District Land Registrar of every district to which its operations extend a return, setting forth the names of the trustees in whom the property of the society or registered branch may by law be or become vested, and also notice in writing of the death, resignation, or removal of existing and the appointment of new trustees; and also a copy of the rules of the society or registered branch.
(5.)
Every such return and notice shall be accompanied by a statutory declaration made by one of the trustees of such society or registered branch in whom the property of such society or registered branch is vested, stating that the declarant is one of the trustees in whom the property of such society or registered branch is vested, and verifying the statements contained in such return or notice.
47 Transfer of land.
Ibid, sec. 14(6)
(1.)
Land under “The Land Transfer Act, 1908,”
shall be transferred, leased, mortgaged, or incumbered to the society or registered branch only by memorandum of transfer, lease, mortgage, or incumbrance made to the trustees (denoted by their official titles and not by their own proper names) in whom the property of the society or registered branch is for the time being vested; and such trustees shall be deemed to be the registered proprietors of the land so transferred, or of such lease, mortgage, or incumbrance.
Registration. Ibid, sec. 14(7)
(2.)
Where any instrument affecting the land included in any such transfer, lease, mortgage, or incumbrance is presented to the District Land Registrar for registration, he shall register the same if it purports to be executed by the persons in whom the property of the society or registered branch appears to him to have been vested at the time of the execution of such instrument.
(3.)
No person claiming under any such instrument shall be affected by notice, direct or constructive, that the property of the society or registered branch was not vested in the persons executing the same, nor that such instrument was executed in contravention of the rules of the society or registered branch, or of the terms of the mortgage, lease, or incumbrance; and no claim on the Assurance Fund shall arise from the fact that the property was not so vested, or that such instrument was so executed as aforesaid.
48 Form of mortgage receipt.
1882, No. 36, sec. 14(9)
A receipt under the hands of the trustees in the form numbered (4) in the Second Schedule hereto, or in any form specified by the rules of the society or registered branch or by any schedule thereto, for all moneys secured to the society or registered branch by any mortgage or other assurance, such receipt being indorsed upon or annexed to such mortgage or other assurance, vacates the same, and vests the property therein comprised in the persons entitled to the equity of redemption of the same without reconveyance or reassignment.
49 In legal proceedings how property to be laid.
Ibid, sec. 14(8)
In all legal proceedings concerning any property of the society or registered branch the same shall be stated to be the property of the trustees for the time being in their proper names as trustees for the society or branch, as the case may be, without further description.
50 Fraudulently obtaining or misappropriating property.
Ibid, sec. 14(10)
(1.)
if any person obtains by false representation or pretence possession of any property of a society or registered branch, or, having the same in his possession, withholds or misapplies the same, or wilfully applies any part thereof to purposes other than those expressed or directed in the rules of the society or registered branch and authorised by this Act, or applies money belonging to any benefit fund in any manner contrary to the provisions of subsection two of section twenty-nine hereof, such person is liable on summary conviction, on the complaint of the society or registered branch, or of any member authorised by the society or registered branch, or the trustees or committee of management of the same, or of the Registrar, to a fine not exceeding fifty pounds and costs, and to be ordered to deliver up all such property, or to repay all moneys applied improperly: and in default of such delivery or repayment, or of the payment of such fine and costs aforesaid, to be imprisoned with or without hard labour for any term not exceeding six months.
(2.)
Nothing herein shall be deemed to prevent the taking of proceedings by way of indictment for any such offence, unless the offender has been previously convicted of the same offence under the provisions of this Act.
51 Officers of society to be deemed to be servants of the trustees.
Ibid, sec. 14(11)
Every person elected or appointed to be the treasurer, secretary, or other officer of a society or registered branch, or acting or employed as such treasurer, secretary, or officer, shall be deemed to be a servant of the trustees of such society or branch within the meaning of section two hundred and forty-seven of “The Crimes Act, 1908.”
52 Trustees, how far liable.
Ibid, sec. 14(13)
Trustees of a society or of a registered branch shall not be liable to make good any deficiency in the funds of such society or registered branch, but shall be liable only for moneys actually received by them respectively on account of such society or registered branch.
Amalgamation, &c., of Societies
53 Special resolutions.
1882, No. 36, sec. 15(1)
(1.)
A “special resolution”
is one which is passed by a majority of not less than three-fourths of such members of a society for the time being entitled under the rules to vote as are present. in person or by proxy (where the rules allow proxies), at any general meeting of which notice specifying the intention to propose such resolution has been duly given according to the rules, and is confirmed by a majority of such members for the time being entitled under the rules to vote as are present in person or by proxy at a subsequent general meeting of which notice has been duly given, held not less than fourteen days nor more than one month from the day of the meeting at which such resolution was first passed.
(2.)
At any meeting mentioned in this section a declaration by the chairman that the resolution has been passed or confirmed, as the case may be, shall be conclusive evidence of the fact.
Registration of special resolutions. Ibid, sec. 15(6)
(3.)
A copy of any special resolution for any of the purposes hereinafter mentioned, signed by the chairman of the meeting and countersigned by the secretary, shall be sent to the Registrar and registered by him, and until such copy is so registered such special resolution shall not take effect.
54 Change of name.
Ibid, sec. 15(2)
A society may by special resolution, with the approval in writing of the Registrar, change its name; but no such change shall affect any right or obligation of the society, or of any member thereof; and any pending legal proceedings may be continued by or against the trustees of the society, or any other officer empowered to sue or be sued on behalf of such society, notwithstanding its change of name.
55 Amalgamation of societies.
Ibid, sec. 15(3)
(1.)
Any two or more societies may, by special resolution of both or all such societies, become amalgamated as one society, with or without any dissolution or division of the funds of such societies or either of them; and any society may by special resolution transfer its engagements to any other registered society that undertakes to fulfil the engagements of such society.
Conversion of societies into companies, &c. Ibid, sec. 15(4)
(2.)
A society may by special resolution determine to convert itself into a company under “The Companies Act, 1908,”
or to amalgamate with or transfer its engagements to any such company.
Rights of creditors. Ibid, sec. 15(5)
(3.)
No amalgamation or transfer of engagements shall prejudice any right of a creditor of either or any society party thereto.
56 Copy may be registered as memorandum of association.
Ibid, sec. 15(7)
Where a special resolution for converting a society into a company contains the particulars required by “The Companies Act, 1908,”
to be contained in the memorandum of association of a company, and a copy thereof has been registered at the office of the Registrar of Companies, a copy of such resolution under the seal of the Registrar shall have the same effect as a memorandum of association duly signed and attested under the said Act.
57 Registration of society to become void.
Ibid, sec. 15(8)
Where a society is registered as, or amalgamates with, or transfers all its engagements to a company, the registration of such society under this Act shall thereupon become void, and the same shall be cancelled by the Registrar; but the registration of a society as a company shall not affect any right or claim for the time being subsisting against such society, or any penalty already incurred by such society; and for the purpose of enforcing any such right, claim, or penalty the society may be sued and proceeded against in the same manner as if it had not become registered as a company; and every such right or claim, or the liability to such penalty, shall have priority, as against the property of such company, over all other rights or claims against or liabilities of such company.
58 Special provisions as to friendly societies.
1882, No. 36, sec. 15(8)(a) to (d)
Notwithstanding anything hereinbefore contained, the following special provisions shall apply in the case of friendly societies:—
(a.)
No special resolution by any such society for any amalgamation or transfer of engagements under the foregoing provisions shall be valid without the consent of five-sixths in value of the members (such value being ascertained as provided by paragraph (a) of section sixty-one hereof), given either at the meetings, or one of them, at which such resolution is passed and confirmed, or in writing in the case of members not present thereat, nor without the written consent of every person for the time being receiving or entitled to any relief, annuity, or other benefit from the funds of the society, unless the claim of such person is first duly satisfied, or adequate provision is made for satisfying such claim.
(b.)
Section sixty-one hereof, in so far as it relates to the punishment of officers, and the remedy of members or persons dissatisfied with the provision made for satisfying their claims, shall extend and apply to the case of an amalgamation or of a transfer of engagements.
(c.)
Upon application by the trustees or committee of management of a society desiring to amalgamate, or to transfer its engagements, notice of such application being gazetted, the Registrar, after hearing such trustees or committee of management, and any other persons whom he considers entitled to be heard, may, with the consent of the Governor, order that any of the consents and conditions prescribed by this Act, or by any regulations under this Act, be dispensed with, and may confirm the amalgamation or transfer.
(d.)
The provisions hereinbefore contained relating to change of name apply to all registered branches, and the provisions relating to amalgamation and transfer of engagements apply and extend to registered branches of the same society; but no change of name, amalgamation, or transfer of engagements shall take place in such cases unless in accordance with the general rules of the society to which such branches belong or the consent of the central body of such society is obtained thereto.
59 Limitation as to branches.
Ibid, sec. 15(8)
Except as provided by paragraph (d) of the last preceding section, the provisions of sections fifty-three to fifty-eight hereof do not apply to branches.
Dissolution of Societies
60 How societies may be dissolved.
1882, No. 36, sec. 16
(1.)
A society may terminate or be dissolved in any of the following ways:—
(a.)
Upon the happening of any event declared by the rules to be the termination of the society:
(b.)
In the case of all societies other than friendly societies, by the consent of three-fourths of the members, testified by their signatures to the instrument of dissolution:
(c.)
In the case of friendly societies, by the consent of five-sixths in value of the members (including honorary members, if any), testified by their signatures to the instrument of dissolution, and also by the written consent of every person for the time being receiving or entitled to receive any relief, annuity, or other benefit from the funds of the society, unless the claim of such person is first duly satisfied, or adequate provision made for satisfying such claim, in accordance with the general rules of the society:
(d.)
By the award of the Registrar in the cases hereinafter specified.
Instrument of dissolution.
(2.)
The instrument of dissolution shall set forth—
(a.)
The liabilities and assets of the society in detail:
(b.)
The number of members, and the nature of their interests in the society respectively:
(c.)
The claims of creditors (if any), and the provision to be made for their payment:
(d.)
The intended appropriation or division of the funds and property of the society, unless it is expressly stated in such instrument that the same shall be left to the award of the Registrar.
Alterations in instrument of dissolution.
(3.)
Alterations in the instrument of dissolution may be made with the like consents as hereinbefore provided, testified in the same manner.
Statutory declaration of compliance with Act.
(4.)
A statutory declaration that the provisions of this Act have been complied with shall be made by one of the trustees, or by three members and the secretary of the society, and shall be sent to the Registrar with the instrument of dissolution; and any person knowingly making a false or fraudulent declaration in the matter shall be guilty of an indictable offence punishable by imprisonment with or without hard labour for any term not exceeding two years, or by a fine not exceeding fifty pounds.
Instrument to be registered.
(5.)
The instrument of dissolution and all alterations therein shall be registered in the manner hereinbefore provided for the registration of rules, and shall be binding upon all the members of the society.
Notice of dissolution.
(6.)
The Registrar shall cause a notice of the dissolution to be advertised at the expense of the society in the manner provided by this Act for advertising an award of the Registrar for dissolution; and, unless within three months from the date of the Gazette in which such advertisement appears a member or other person interested in or having a claim on the funds of the society commences proceedings to set aside the dissolution of the society, and such dissolution is set aside accordingly, the society shall be deemed to be legally dissolved from the date of such advertisement, and the requisite consents to the instrument of dissolution shall be deemed to have been duly obtained without proof of the signatures thereto.
61 Special provisions as to dissolution of friendly societies.
1882. No. 36, sec. 10(7)
With respect to the dissolution of friendly societies the following special provisions shall apply:—
(a.)
For the purposes of subsection one of section sixty hereof the value of members shall be ascertained by giving one vote to every member, and an additional vote for every five years that he has been a member, but so that no one member shall have more than five votes in the whole.
(b.)
No instrument of dissolution shall direct or contain any direction for a division or appropriation of the funds of the society, or any part thereof, otherwise than for the purpose of carrying into effect the objects of the society as declared in the rules thereof for the time being, unless the claim of every member or person claiming any relief, annuity, or other benefit from the funds thereof is first duly satisfied, or adequate provision is made for satisfying such claim.
(c.)
Any officer or person aiding or abetting in the dissolution of a society or branch, otherwise than as provided in this Act, is liable to imprisonment with hard labour for any term not exceeding three months.
(d.)
If any member of a dissolved society, or any person claiming any relief, annuity, or other benefit from the funds thereof, is dissatisfied with the provision made for satisfying his claim, he may apply for relief or other order to the Magistrate’s Court where or near to which the chief or any other place of business of the society is situate, and such Court shall have the same powers in the matter as it has in the settlement of disputes under this Act.
62 Dissolution by award.
Ibid, sec. 16(8)
(1.)
Upon the application in writing under their hands of one-fifth of the whole number of members of any registered society, or of one hundred members in the case of a society of not less than one thousand and not more than ten thousand members, or of five hundred members in the case of a society of more than ten thousand members, setting forth that the funds of the society are insufficient to meet the existing claims thereon, or that the rates of contribution fixed in the rules of such society are insufficient to cover the benefits assured, and the grounds upon which such insufficiency is alleged, and requesting an investigation into the affairs of such society with a view to the dissolution thereof, the Registrar may by himself, or by any actuary appointed in writing under his hand, investigate the affairs of the society.
(2.)
The Registrar shall give to such society at its registered office not less than two months’ previous notice of his intention to make such investigation.
(3.)
If upon such investigation it appears that the funds of the society are insufficient to meet the existing claims thereon, or that the rates of contribution fixed in the rules of the society are insufficient to cover the benefits assured, the Registrar may, if he thinks fit, award that the society be dissolved, and its affairs wound up, and shall in such case direct in what manner the assets of the society shall be divided or appropriated:
Provided that the Registrar may suspend his award for so long as he thinks proper, to enable the society to make such alterations and adjustment of contributions and benefits as will in his judgment render it unnecessary to make any such award of dissolution.
(4.)
The Registrar proceeding under this section shall have the same powers and authorities, enforceable by the same penalties, as he has in the case of a dispute referred to him under this Act.
(5.)
The expenses of every such investigation and award, and of publishing every notice of dissolution, shall be paid out of the funds of the society before any other appropriation thereof is made.
(6.)
Notice of every award for dissolution shall, within twenty-one days after the same has been made, be published in the Gazette, and in some newspaper circulating in the place in which the registered office of the society is situate; and, unless within three months from the date of the Gazette in which such notice appears a member of the society or other person interested in or having a claim on the funds of the society commences proceedings to set aside the dissolution of the society consequent upon such award, and such dissolution is set aside accordingly, the society shall be deemed to be legally dissolved from the date of such notice, and the requisite consents to the application to the Registrar shall be deemed to have been duly obtained without proof of the signatures thereto.
(7.)
Any person taking any such proceedings to set aside the dissolution-shall give to the Registrar not less than seven days’ notice thereof before the proceedings are commenced; and if an order is made setting the dissolution aside, the society concerned shall give notice thereof to the Registrar within seven days after the making of such order.
63 Application to branches.
1882, No. 36, sec. 16(8)(g)
Sections sixty to sixty-two hereof may apply to any branch of a registered society, with the consent of the central body of the society, and in such case the word “society”
shall be deemed to include a branch of that society.
64 Awards to be final.
Ibid, sec. 17
Every award under section sixty-two hereof, whether for dissolution or distribution of funds, is final and conclusive on the society in respect of which the same is made, and on all members of the same and other persons having any claim on the funds of the society, without appeal, and shall be enforced in the same manner as if it were a decision on a dispute under this Act.
Societies with Branches
65 Registration of societies with branches.
Ibid, sec. 18(1)
On the application for registration of any society having branches, there shall be lodged with the Registrar—
(a.)
A list giving the name of every branch, and of the place wherein the same is established:
(b.)
If any branch is to have trustees or officers authorised to sue and be sued on its behalf, other than the trustees or officers authorised to sue and be sued on behalf of the society, a list of the names of all such trustees or officers, distinguishing the branches for which they are authorised to sue and be sued:
(c.)
If the rules of all the branches (herein called “branch rules”
) are or are intended to be identical, a statement to that effect, and copies of such rules:
(d.)
If the branch rules are not or are not intended to be identical, a statement to that effect, and copies of all branch rules:
(e.)
If any branch is not to have any rules other than the rules of the society, a statement to that effect.
66 Establishment of new branches.
1882, No. 36, sec. 18(2)
(1.)
Notice of the establishment of every new branch by a registered society, and of the existence of every branch not previously registered, and of the place where the same is established, and, if such branch is to have trustees or officers authorised to sue and be sued on its behalf other than the trustees or officers authorised to sue and be sued on behalf of the society, a list of the names of such trustees or officers, and a statement whether or not the rules of such branch are identical with those of the other branches of the society, and, if not so identical, a copy of the rules (if any) of such branch, shall be sent to the Registrar under the hand of the secretary of the society.
(2.)
Until a copy of the rules of a branch (in the case hereinbefore mentioned) has been registered as required by this Act, the society shall not be entitled to any of the privileges of this Act in respect of such branch; and until a copy of any amendment of the rules of a branch has been so registered, the same shall not take effect as respects such branch:
Provided that a branch shall not be disentitled to registration on account of its having no rules other than those of the society, if such rules make provision for all matters mentioned in the Third Schedule hereto which are applicable to such branch.
Application of previous provisions. Ibid, sec. 18(4)
(3.)
The provisions of this Act as to revision of rules by the Revising Barrister, as to appeals and the result thereof, as to amendments of rules, as to the acknowledgment of registration, and the evidence of registration and of rules shall apply to branch rules.
Acknowledgment of registration.
(4.)
The acknowledgment of registration of a branch, and of any amendment of the rules of a branch, shall be in the forms numbered (5) and (6) in the Second Schedule hereto.
67 Where branches must be separately registered.
Ibid, sec. 18(5)
Where a society has no fund under the control of a central body to which every branch is bound to contribute, every branch shall be deemed to be and must be registered as a separate society, whether its rules are identical with those of other branches or not.
Conversion, of Societies into Branches
68 One society may become a branch of another society.
Ibid, sec. 19
(1.)
A registered society may, by a resolution passed by three-fourths of the members or delegates present and entitled to vote at any general meeting, of which notice, specifying the intention to propose such resolution, has been duly given according to the rules, determine to become a branch under this Act of any other registered society, and also, if thought fit, of any registered branch thereof.
(2.)
If the rules of such first-mentioned society do not comply with all the provisions of this Act, and of any regulations made by the Governor concerning the registration of branches, the meeting at which such resolution is passed may amend such rules so as to bring the same in compliance with this Act and with such regulations.
(3.)
A copy of the rules of such first-mentioned society, marked to show the amendments (if any) made at such meeting, and two copies of such resolution as aforesaid, and of such amended rules (if any), each signed by the chairman of the meeting and by the secretary of the society so determining to become a branch of any other society, and countersigned by the secretary of such other society, shall be sent to the Registrar.
(4.)
If the Registrar finds that such rules, with or without such amendment as aforesaid, are in accordance with the provisions of this Act, and that the regulations made by the Governor have been complied with, he shall cancel the registration of such first-mentioned society, and register the same as a branch of such other society without further request or notice, and shall register such amended rules without further application or evidence; and until such registration the resolution aforesaid shall not take effect.
(5.)
It shall not be necessary to give notice by advertisement of any cancelling of registration under this section.
(6.)
The rules of a society which becomes a branch under this section shall, so far as the same are not contrary to any express provision of this Act or of any regulations thereunder, and subject to any amendment thereof as hereinbefore provided, continue in force as the rules of such branch unless and until amended.
69 One society or branch may contribute to funds of another or share in government thereof.
1882, No. 36, sec. 20
Nothing in this Act shall prevent any registered society or branch from contributing to the funds or taking part by delegates or otherwise in the government of any other registered society or registered branch of a society, in any manner provided by the rules of such first-named society or branch, without becoming a branch under this Act of such other society or branch.
Special Provisions as to certain Societies
70 Societies receiving contributions by collectors.
Ibid, sec. 21
(1.)
The provisions of this section shall (except where otherwise specially mentioned therein) apply only to such friendly societies, whether registered or unregistered, and industrial assurance companies as receive contributions by means of collectors at a greater distance than ten miles from the registered office or principal place of business of the society or company.
Members to receive copies of rules and policies.
(2.)
The society or registered branch shall deliver to every person, on his becoming a member of or insuring with a society or registered branch, a copy of the rules of the society or registered branch, together with a printed policy signed by two of the committee or managers of the society or registered branch and by the secretary, at a price not exceeding sixpence for the rules and sixpence for the policy:
Provided that in the case of a family enrolled in one book or card, one copy of rules and one family policy shall be sufficient.
Notice to be given before forfeiture.
(3.)
No forfeiture shall be incurred by any member or person insured by reason of any default in paying any contribution until—
(a.)
After a written or printed notice has been delivered to him, or posted to him in a prepaid letter, or left at his last known place of abode, by or on behalf of the society or registered branch, stating the amount due by him, and apprising him that in case of default of payment by him within a reasonable time, not being less than fourteen days, and at a place to be specified in such notice, his interest or benefit will be forfeited; nor until
(b.)
After default has been made by him in paying his contribution in accordance with such notice.
No transfers without written consent.
(4.)
Except in the case of an amalgamation, transfer of engagements, or conversion into a company under the respective provisions in that behalf hereinbefore contained, or, as respects an industrial assurance company, in the case of an amalgamation or transfer of business under “The Life Insurance Act, 1908,”
no member of or person insured with any society or registered branch may become or be made a member of or be insured with any other society or registered branch without his written consent, or, in the case of an infant, without the written consent of his father or other guardian; and the society or registered branch to which such member or person is sought to be transferred shall, within seven days from his application for admission to the same, give notice thereof in writing to the society or registered branch from which he is sought to be transferred. The provisions of this subsection shall apply to all friendly societies, whether registered under this Act or unregistered, and to all industrial assurance companies receiving contributions by means of collectors.
No collector to be member of committee of management.
(5.)
No collector, while he is such, shall be capable of being a member of the committee of management, or other governing body (by whatever name) of the society or registered branch, or of holding any other office in the society or registered branch, except that of superintending collector within an area to be from time to time specified.
Collectors not to vote.
(6.)
No collector of a society or registered branch shall be capable of voting at or taking part in the proceedings of any meeting of the same.
One general meeting every year.
(7.)
At least one general meeting of the society or registered branch shall be held in every year.
Notice of meetings.
(8.)
Except where the day, hour, and place of an annual or other periodical meeting is fixed by the rules, notice of every general meeting shall be given by the society or registered branch to the members by advertisement, to be published at least twice in two or more of the newspapers in general circulation in every city, town, or place where the society or registered branch carries on business, or shall be delivered in writing or sent by post prepaid to every member.
Particulars of notice.
(9.)
Such notice shall specify the day, hour, and place, and the objects of the meeting, and, in case any amendment of a rule is intended to be proposed, shall contain a copy of every such proposed amendment; and the society or registered branch shall publish the last of such advertisements, or deliver or send such notice as aforesaid, at least fourteen days before the day appointed for such meeting, and shall during such fourteen days keep affixed a copy of such notice in legible characters in Home conspicuous place in or outside of every office at which its business is carried on.
Balance-sheets.
(10.)
A copy of every balance-sheet of a society or registered branch shall, during the seven days next preceding the meeting at which the same is to be presented, be kept open for inspection at every office at which the business of the society or registered branch is carried on, and shall be delivered or sent prepaid to every member on demand.
Annual returns to be certified.
(11.)
The annual returns shall be certified by some person, not an officer of the society or registered branch (otherwise than as auditor thereof), carrying on publicly the business of an accountant, and if not so certified shall be deemed not to have been made.
Disputes.
(12.)
In all disputes between a society or registered branch and any member or person insured, or any person claiming through a member or person insured, or under the rules, such member or person may, notwithstanding any provisions of the rules of such society or registered branch to the contrary, apply to the Magistrate’s Court having jurisdiction in the place where such member or other person resides, and such Court may settle such dispute in the manner hereinafter provided.
Service by post.
(13.)
In proving service of any notice by this section authorised to be sent by post, it shall be sufficient to prove that such notice was properly directed, and was posted as a prepaid letter in time to admit of its being delivered in due course of delivery within the period, if any, prescribed for sending the same.
Offences under this section.
(14.)
It shall be an offence against this Act—
(a.)
If any collector of a society or registered branch to which this section applies becomes a member of the committee, or (except as aforesaid) holds any other office in the same, or if any member of the committee of management becomes a collector, or if any collector votes at or takes part in the proceedings of a general meeting:
(b.)
If any person attempts to transfer a member or person insured from one society or registered branch to another without the written consent hereinbefore mentioned:
(c.)
If a society or registered branch to which a member or person is sought to be transferred fails to give such notice as hereinbefore required.
Provisions of this section to be contained in rules.
(15.)
All the provisions of this section shall apply to societies existing on the coming into operation of this Act, and shall be contained in the rules of all future societies to which this section applies; and any act or omission that by virtue of this or any other section of this Act would be an offence on the part of a registered society or registered branch shall be an offence on the part of any other society or branch to which this Act applies, and of any officer of such society or branch bound to fulfil the duty, if any, whereof such offence is a breach.
Interpretation of this section.
(16.)
The words “society”
or “registered branch”
in this section, except in subsections two, ten, and eleven hereof, include all industrial insurance companies; but nothing in this section shall apply to any assurance with any such company the premiums in respect of which are receivable at greater periodical intervals than two months.
Insurances on Lives of Children
71 Payments on death of children.
1882, No. 36, sec. 23
(1.)
With respect to payments on the death of children under ten years of age, the following provisions shall apply and be deemed to have applied to all registered and unregistered societies and branches; and for the purposes of this section the word “society”
includes all industrial assurance companies assuring the payment of money on the death of children under the age of ten years.
Limitation of payments.
(2.)
No society or registered branch shall insure or pay on the death of a child under five years of age any sum of money which, added to any sum payable on the death of such child by any other society or registered branch, exceeds six pounds, or, on the death of a child under ten but not under five years of age, any sum of money which, added to any sum payable on the death of such child by any other society or registered branch, exceeds ten pounds.
Who may receive payments.
(3.)
No society or registered branch shall pay any sum on the death of a child under ten years of age except to the parent of such child, or to the personal representative of such parent, and upon the production by such parent or his personal representative of a certificate of death issued by the Registrar of Births and Deaths containing the particulars hereinafter mentioned.
Certificates of death.
(4.)
Where the application for a certificate of the death of a child is made for the purpose of obtaining a sum of money from a society or registered branch, the name of such society or registered branch, and the sum sought to be obtained therefrom, shall be stated to the Registrar of Births and Deaths, who shall write on or at the foot of the certificate the words “To be produced to the Society”
or “Registered Branch of the Society”
(Naming the same) “said to be liable for payment of the sum of £”
(Stating the same).
(5.)
All certificates of the same death shall be numbered in consecutive order, and the sum charged by the said Registrar for each such certificate shall not exceed one shilling.
When certificates may be given.
(6.)
No Registrar of Births and Deaths shall give any one or more certificates of death for the payment in the whole of any sum of money exceeding six pounds on the death of a child under five years, or ten pounds on the death of a child under ten but not under five years.
(7.)
No such certificate shall be granted unless the cause of death has been previously entered in the register of deaths on the certificate of a Coroner, or of a registered medical practitioner who attended such deceased child during its last illness, or except upon the production of a certificate of the probable cause of death under the hand of a registered medical practitioner, or other satisfactory evidence of the same.
Inquiry to be made by societies.
(8.)
Where a certificate of the death of any child under ten years is produced to any society or registered branch, and such certificate does not purport to be the first certificate issued of such death, the society or registered branch shall, before paying any money thereon, be bound to inquire whether any and what sums of money have been paid on the same death by any other society or registered branch.
Offences under this section.
(9.)
It shall be an offence against this Act—
(a.)
If any society or registered branch pays money on the death of a child under ten years of age otherwise than as provided by this Act:
(b.)
If any parent or personal representative of a parent claiming money on the death of a child produces any certificate of such death, other than as hereinbefore provided, to the society or registered branch, or societies or registered branches, from which the money is claimed, or produces a false certificate, or one fraudulently obtained, or in any way attempts to defeat the provisions of this Act concerning payments upon the death of children.
Assurances on children’s lives not to be void under 14 Geo. III., c. 48.
(10.)
No assurance made or to be made by any industrial assurance company of a sum of money payable on the death of a child under the age of ten years which would be valid if effected with a registered society or registered branch shall be invalidated by reason of any provision contained in the Act of the fourteenth year of George the Third, chapter forty-eight, for regulating insurances on lives and for prohibiting all such insurances except in cases where the person insuring has an interest in the life of the person insured.
Insurable interests.
(11.)
Nothing in this section shall apply to insurances on the lives of children of any age, where the person insuring has an interest in the life of the person insured.
Loans to Members
72 Society may lend money to members.
1882, No. 36, sec. 24
With respect to loans to members of registered societies the following provisions shall have effect:—
(1.)
Except out of a separate loan fund, not more than one-half of the amount of an assurance on the life of a member of at least one full year’s standing may be advanced to him on the written security of himself and two satisfactory sureties for repayment; and the amount advanced, with all interest thereon, may be deducted from the sum assured, without prejudice in the meantime to the operation of such security.
Loans may be made out of separate loan fund.
(2.)
Out of any separate loan fund, to be formed by contributions or deposits of its members, a registered society may make loans to its members on their personal security, with or without sureties, as may be provided by the rules, subject to the following restrictions:—
(a.)
No such loan shall at any time be made out of moneys contributed for the other purposes of the society.
(b.)
No member shall be capable of holding any interest in the loan fund exceeding two hundred pounds.
(c.)
No society shall make any loan to a member on personal security beyond the amount fixed by the rules, or shall make any loan which, together with any moneys for the time being owing by the member to the society, exceeds fifty pounds.
(d.)
No society shall hold at any one time on deposit from its members any moneys beyond the amount fixed by the rules, which amount shall not exceed two-thirds of the total sum for the time being owing to the society by the members who have borrowed from the loan fund.
73 Accumulating surplus of contribution for member’s use.
1882, No. 36, sec. 25
The rules of a society or of a registered branch may provide for accumulating at interest, for the use of any member of the same, any surplus of his contributions to the funds of the society or registered branch which remains after providing for any assurance in respect of which the same are paid, and for the withdrawal of such accumulations from time to time.
Cattle-insurance Societies
74 Rules to have effect of covenant by members.
Ibid, sec. 22
This section applies only to registered cattle - insurance societies.
(a.)
The rules shall bind the society or registered branch and the members thereof, and all persons claiming through them respectively, to the same extent as if each member had subscribed his name and affixed his seal thereto, and there were in such rules a covenant on the part of himself, his executors and administrators, to conform to such rules subject to the provisions of this Act.
Money payable by members to be recoverable as debt.
(b.)
All moneys payable by a member to the society or registered branch shall be deemed to be a debt due from such member to the society or registered branch, and shall be recoverable as such in any Court of competent jurisdiction in the district in which such member resides.
Proceedings in relation to Societies
75 Legal proceedings.
Ibid, sec. 26
(1.)
The trustees of any society or branch, or any other officers authorised by the rules thereof, may bring or defend, or cause to be brought or defended, any action or other proceeding in any Court of competent jurisdiction touching or concerning any property, right, or claim of the society or branch, as the case may be, and shall sue and be sued in their proper names, without other description than the title of their office.
(2.)
In legal proceedings brought under this Act by a member, or person claiming through a member, the society or registered branch may also be sued in the name, as defendant, of any officer or person receiving contributions or issuing policies on behalf of the society or registered branch within the jurisdiction of the Court in which the proceeding is brought, with the addition of the words “on behalf of the Society”
or “Registered Branch of the Society”
(Naming the same).
(3.)
No legal proceeding shall abate or be discontinued by reason of the death, resignation, or removal from office of any officer, or by reason of any act of such officer after the commencement of the proceedings.
(4.)
Any summons, writ, process, or other proceeding issued to or against the officer or other person suing or being sued on behalf of a society or registered branch shall be sufficiently served by personally serving the same on such officer or other person, or by leaving a true copy thereof at the registered office of the society or registered branch, or at any place of business of the society or registered branch within the jurisdiction of the Court in which the proceeding is brought, or, if such office or place of business is closed, by posting such copy on the outer door of the same.
(5.)
Where such summons, writ, process, or other proceeding is not served by means of such personal service, or by leaving a true copy thereof at the registered office of the society or registered branch, a copy thereof shall be posted in a registered letter addressed to the committee of management at the registered office of the society or registered branch, at least six days before any further step is taken on such summons, writ, process, or other proceeding.
76 Disputes.
1882, No. 36, sec. 27
Every dispute between a member or person claiming through a member, or under the rules of a registered society or registered branch, and the society or registered branch or an officer thereof, shall be decided in the manner directed by the rules of the society or registered branch, and the decision so made shall be binding and conclusive on all parties without appeal, and shall not be removable into any Court of law or restrainable by injunction, and application for the enforcement thereof may be made to a Magistrate’s Court:
Provided that—
(a.)
The parties to any such dispute may, by consent (unless the rules of the society or registered branch expressly forbid it), refer such dispute to the Registrar, who shall, with the consent of the Governor, hear and determine such dispute, and shall have power to order the expenses of determining the same to be paid either out of the funds of the society or registered branch or by such parties to the dispute as he thinks fit; and such determination and order shall have the same effect and be enforceable in like manner as a decision made in the manner directed by the rules of the society or registered branch:
(b.)
Where any dispute is referred to the Registrar, he may administer oaths and require the attendance of all parties concerned, and of witnesses, and the production of all books and documents relating to the matter in question; and any person who refuses to attend, or to produce any documents, or to give evidence before the Registrar, commits an offence against this Act:
(c.)
Where the rules of a society or registered branch direct that disputes shall be referred to Justices, the dispute shall be determined by a Magistrate’s Court:
(d.)
Where the rules contain no direction as to disputes, or where no decision is made on a dispute within forty days after application to the society or registered branch for a reference under its rules, the member or person aggrieved may apply to a Magistrate’s Court, which may hear and determine the matter in dispute:
(e.)
The Registrar or the Court may, at the request of either party, state a case for the opinion of the Supreme Court on any question of law, and may also grant to either party such discovery as to documents and otherwise, or such inspection of documents, as might be granted by the Supreme Court, such discovery to be made on behalf of the society or registered branch by such officer of the same as the Registrar or Magistrate’s Court may determine.
77 Special powers of Registrar.
1882, No. 36, sec. 28
(1.)
Upon the application of one-fifth of the whole number of members of a registered society or branch, or of one hundred members in the case of a society or branch of not less than one thousand and not more than ten thousand members, or of five hundred members in the case of a society or branch of more than ten thousand members, the Registrar may, with the consent of the Governor,—
To appoint inspectors.
(a.)
Appoint one or more inspectors to examine into the affairs of such society or branch, and to report thereon, and such inspectors may require the production of all or any of the books and documents of the society or branch, and may examine on oath its officers, members, agents, and servants concerning its business, and may administer such oath accordingly:
To call special meetings.
(b.)
Call a special meeting of the society or branch in such manner and at such time and place as he thinks fit, and direct what matters shall be discussed and determined on at such meeting; and any meeting so called shall have all the powers of a meeting called according to the rules of the society or branch, and shall in all cases have power to appoint its own chairman, any rule of the society or branch to the contrary notwithstanding.
(2.)
The application aforesaid shall be supported by proof to the satisfaction of the Registrar that the applicants have good reason for requiring such inspection to be made or meeting to be called, and that they are not actuated by malicious motives in their application; and such notice of the application shall be given to the society or branch as the Registrar directs.
(3.)
The Registrar may, if he thinks fit, require the applicants to give security for the costs of the proposed inspection or meeting before appointing any inspector or calling such meeting.
(4.)
All expenses of and incidental to any such inspection or meeting shall be defrayed either by the members applying for the same, or out of the funds of the society or branch, as the Registrar directs.
(5.)
This section shall not apply to the branches of a registered society without the consent of the central body of the society.
78 Officers of society to give security.
Ibid, sec. 29
With respect to officers of a registered society having receipt or charge of money the following provisions shall have effect:—
(a.)
Every officer shall, before taking upon himself the execution of his office, become bound with one sufficient surety at the least in a bond in the form in the Fourth Schedule hereto, or give the security of a guarantee society, in such sum as the society or registered branch directs, conditioned for his rendering a just and true account of all moneys received and paid by him on account of the society or registered branch at such times as its rules appoint, or as the society or registered branch or the trustees or committee of management thereof require him so to do, and for the payment by him of all sums due from him to the society or registered branch.
Accounts of officers.
(b.)
Every officer, his executors or administrators, shall, at such times as by the rules of the society or registered branch he should render account, or upon demand made, or notice in writing given or left at his last or usual place of abode, give in his account, as required by the society or registered branch, or by the trustees or committee of management of the society or registered branch, to be examined and allowed or disallowed by them, and shall, on the like demand or notice, pay over all moneys and deliver all property for the time being in his hands or custody to such person as the society or registered branch, or the committee of management, or the trustees appoint.
Failing to account.
(c.)
In case of any neglect or refusal to deliver such account, or to pay over such moneys, or to deliver such property in manner aforesaid, the trustees or authorised officers of the society or registered branch may sue upon any bond or security given by such officer, or may apply to the Magistrate’s Court where or near to which the registered office of the society is situate, and the order of such Court shall be final and conclusive.
79 Militiamen and Volunteers not to lose benefits.
1882, No. 36, sec. 30
Notwithstanding anything in the rules of any friendly society or branch, registered or unregistered, no person, by reason of his enrolment or service in the Militia, or as a Volunteer in any corps of Volunteers, shall lose or forfeit any interest he possesses in any such society or branch at the time of his being so enrolled or serving, or be fined for absence from or non-attendance at any meeting of the society or branch, such absence or non-attendance being occasioned by the discharge of his military or naval duty as certified by his commanding officer; and any dispute between any such society or branch and such person, by reason of such enrolment or service, shall be decided by a Magistrate’s Court.
80 Limitation of benefits.
Ibid, sec. 31
(1.)
No member of a registered friendly society, nor any person claiming through a member, shall be entitled to receive from any one or more such societies more than two hundred pounds by way of gross sum, together with any bonuses or additions declared upon assurances not exceeding that amount, or fifty pounds a year by way of annuity.
(2.)
Any such society may require a member, or person claiming through a member, to make and sign a statutory declaration that the total amount to which he is entitled from one or more such societies does not exceed the sums aforesaid.
(3.)
Every person who makes any such declaration as aforesaid knowing the same to be false or fraudulent shall be guilty of an indictable offence punishable by imprisonment with or without hard labour for any term not exceeding two years, or by a fine not exceeding fifty pounds.
Offences and, Fines
81 Falsifying returns, &c.
Ibid, sec. 32
Every person who wilfully makes or sends, or orders or allows to be made or sent, any entry or erasure in or omission from any balance-sheet of a registered society or registered branch, or any contribution-book, or collecting-book, or any return or document required to be sent, produced, or delivered for the purposes of this Act, with intent to falsify the same or to evade any of the provisions of this Act, is liable to a fine not exceeding fifty pounds, recoverable on the prosecution of the Registrar or of any person aggrieved.
82 Penalty in cases not expressly provided for.
1882, No. 36, sec. 33
Every society, registered branch, officer, or member of a society or registered branch, or other person guilty of an offence against this Act for which no penalty is elsewhere herein expressly provided is liable to a fine of not lesst han one pound and not more than five pounds, recoverable on the prosecution of the Registrar or of any person aggrieved.
83 Fines recoverable summarily.
Ibid, sec. 34
Except in the case of indictable offences, all fines imposed by this Act or by regulations thereunder, or by the rules of a registered society or registered branch, are recoverable in a summary way before any two or more Justices.
84 Where proceedings to be taken
Ibid, sec. 35
(1.)
All offences and fines under this Act may be prosecuted and recovered,—
(a.)
As respects a prosecution against a society or registered branch or its officers, in the place where the registered office of the society or registered branch is, or where the offence has been committed; or
(b.)
As respects a prosecution against any person other than a society or registered branch or its officers, in the place where such person is resident at the time of the institution of such prosecution, or where the offence has been committed.
Description of offences.
(2.)
In any information or complaint under this Act it shall be sufficient to describe the offence in the words of this Act, and no exception, exemption, proviso, excuse, or qualification accompanying the description of the offence in this Act need be specified or negatived.
85 Registrar may authorise persons to prosecute on his behalf.
Ibid, sec. 36
(1.)
Where by any provision of this Act the Registrar is empowered to prosecute for any offence, or fine, he may from time to time, and as often as occasion requires, by writing authorise any person named in such writing to take all necessary proceedings on his behalf for the purpose of giving full effect to such provision.
Offences may be prosecuted within three years.
(2.)
Notwithstanding any enactment limiting the time within which proceedings may be taken for the prosecution of offences punishable summarily, any such prosecution by the Registrar under this Act may be lawfully commenced at any time within six months after the date or time when an offence was actually brought to his knowledge:
Provided that no such proceedings shall be commenced after the expiration of three years from the date when the offence was first committed.
86 In informations and complaints proof to be on defendant.
Ibid, sec. 37
(1.)
In all informations and complaints under this Act preferred by or on behalf of the Registrar against a society or branch, or any trustee, or member of the committee of management, or officer thereof, or other person in its employment, the burden of proving that any return, report, notice, or document required to be sent or given to the Registrar has been sent or given, or that any return, report, notice, or document has been compiled or made as required by this Act, shall be on the defendant.
Returns, &c., may be received in evidence.
(2.)
On the hearing of any information or complaint as aforesaid any returns duly signed and forwarded to the Registrar by the secretary of any society in conformity with the requirements of this Act may be received in evidence in proof of any matter stated therein.
87 Procedure on application to Magistrate’s Court.
1882, No. 36, sec. 38
(1.)
Every application authorised or required to be made to a Magistrate’s Court for the settlement of disputes, or for any relief, direction, adjudication, or order, shall be made to such Court in a summary way.
Powers of Court. Ibid, sec. 39
(2.)
Such Court shall have power to entertain any such application, and to give such relief and make such orders and directions touching the matter of such application as the case may require.
(3.)
Where the order of such Court is for the payment of money the same may be enforced in the same manner as the ordinary judgments or orders of the Court are enforced.
(4.)
Where the order of such Court is for the doing of some act (not being the payment of money), the Court may order the party to do such act, and that in default of his doing it he shall pay a certain sum of money; and in case he refuses to do the act required on demand, the sum of money mentioned in the order may then be recovered and enforced in the same manner as a judgment or order for debt or damages in such Court.
Miscellaneous Provisions
88 Regulations.
Ibid, sec. 40
(1.)
The Governor may from time to time make regulations concerning—
(a.)
Registration and other procedure under this Act, and the seal and forms to be used for such registration;
(b.)
The form of bond or security to be given when required, which in the absence of any other form prescribed may be in the form in the Fourth Schedule hereto;
(c.)
The duties and functions of the Registrar;
(d.)
The inspection of documents kept by the Registrar under this Act;
(e.)
The fees to be paid for matters to be transacted or for the inspection of documents under this Act; and
(f.)
Generally for carrying this Act into effect.
Regulations to be laid before Parliament. Ibid, sec. 41
(2.)
All such regulations shall, within six weeks after the making thereof, be laid before Parliament if sitting, or if not, then within six weeks from the commencement of the next ensuing session thereof.
(3.)
A copy of such regulations shall be sent by post to every registered society and branch at least three weeks before the same are laid before Parliament.
89 Societies exempt from fees.
Ibid, sec. 42
No fee shall be payable on the registration of any friendly, benevolent, or cattle-insurance society, or working-men’s club, or of any amendment of the rules of the same.
90 Application of fees.
Ibid, sec. 43
All fees received by the Registrar under this Act shall be paid into the Public Account and form part of the Consolidated Fund.
91 Payment of salaries and expenses.
Ibid, sec. 44
The Minister of Finance shall pay the expenses of carrying this Act into execution out of moneys appropriated by Parliament for the purpose.
SCHEDULES
FIRST SCHEDULE Enactments consolidated.
1882, No. 36.—“The Friendly Societies Act, 1882.”
1886, No. 6.—“The Friendly Societies Act 1882 Amendment Act, 1886.”
1892, No. 26.— “The Friendly Societies Act 1882 Amendment Act, 1892.”
1902, No. 12.—“The Stamp Act Amendment Act, 1902”
: Section 17.
1904, No. 27.—“The Public Officers’ Appointment and Powers Act, 1904”
: Sections 7 and 8, so far as applicable.
SECOND SCHEDULE
Section 15(2). 1882, No. 36, Second Schedule.
(1.) Revising Barrister’s Certificate.
I hereby certify that the foregoing rules [or alterations or amendments of the rules] of the Society, at , in New Zealand, are in conformity with law and the provisions of “The Friendly Societies Act, 1908.”
Dated this day of , 19 .
A. B.,
Revising Barrister.
(2.) Acknowledgment of Registration of Society.
Section 16(2).
The Society is registered as a friendly society [cattle-insurance society, benevolent society, or working-men’s club] under “The Friendly Societies Act, 1908,”
this day of , 19 .
[Seal of Registrar.] C. D., Registrar.
(3.) Acknowledgment of Registration of Amendment of Rules.
Section 21.
The foregoing amendment of the rules of the Society is registered under “The Friendly Societies Act, 1908,”
this day of , 19 .
[Seal of Registrar.] C. D., Registrar.
(4.) Receipt to be indorsed on or annexed to Mortgage or other Assurance.
Section 48.
The Trustees of the Society hereby acknowledge to have received all moneys intended to be secured by the within [or above] written deeds [or instruments].
Dated this day of , 19 .
Countersigned: I. J., Secretary.
E. F., G. H., Trustees.
(5.) Acknowledgment of Registration of Branch.
Section 66.
The is registered as a branch of the Society (and of the branch of the same) under “The Friendly Societies Act, 1908,”
this day of , 19 .
[Seal of Registrar.]
C. D., Registrar.
(6.) Acknowledgment of Registration of Amendment of Branch Rules.
Section 66.
The foregoing amendment of the branch rules of the is registered under “The Friendly Societies Act, 1908,”
this day of , 19 .
[Seal of Registrar.]
C. D., Registrar.
THIRD SCHEDULE Matter to be provided for by the Rules of Societies registered under this Act.
Section 19. 1882, No. 36, First Schedule.
1.
The name and place of office of the society.
2.
The whole of the objects for which the society is to be established, the purposes for which the funds thereof shall be applicable, the terms of admission of members, the conditions under which any member may become entitled to any benefit assured by the society, and the fines and forfeitures that may be imposed on any member.
3.
The mode of holding meetings and the right of voting, and the manner of making, altering, or rescinding rules.
4.
The appointment and removal of a committee of management (by whatever name), of a treasurer and other officers, and of trustees, and, in the case of a society with branches, the composition of the central body, and the conditions under which a branch may secede from the society.
5.
The investment of the funds, the keeping of the accounts, and the audit of the same once a year at least.
6.
The making of annual returns to the Registrar of the receipts, funds, effects, expenditure, and number of members of the society.
7.
The inspection of the books of the society by every person having an interest in the funds of the society.
8.
The manner in which disputes between the society and any of its members, or any person claiming through a member or under the rules, shall be settled.
9.
In the event of the society being divided, a provision for satisfying, before any such division takes place, all claims upon the society existing at the time of division.
And also in the case of friendly and cattle-insurance societies:—
1.
The keeping separate accounts of all moneys received or paid on account of each and every particular fund or benefit assured for which a separate table of contributions payable has been adopted.
2.
The establishment of a separate contribution or table of contributions to defray the necessary expenses of management, medical and surgical expenses (if any), including medicine and medical and surgical requisites, and the keeping of separate accounts of such expenses and of all contributions on account thereof.
3.
(Except as to cattle-insurance societies) the making of returns every year to the Registrar of the sickness and mortality of the society.
4.
(Except as to cattle-insurance societies) a valuation once at least in every five years of the assets and liabilities of the society, including the estimated risks and contributions.
5.
The voluntary dissolution of the society by consent of not less than five-sixths in value of the members, and of every person for the time being entitled to any benefit from the funds of the society, unless his claim has been satisfied or adequately provided for.
6.
The right of one-fifth of the total number of members, or of one hundred members in the case of a society of not less than one thousand and not more than ten thousand members, or of five hundred members in the case of a society of more than ten thousand members, to apply to the Registrar for an investigation into the affairs of the society, or for the winding-up of the same.
FOURTH SCHEDULE Bond.
Section 78. Ibid, Third Schedule.
Know all men by these presents, that we, K. L., of , one of the officers of the Society, established at , in New Zealand, under “The Friendly Societies Act, 1908,”
and M. N., of (as surety on behalf of the said K. L.), are jointly and severally held and firmly bound to O. P., of , R. S., of , and T. D., of , the trustees of the said society, in the sum of , to be paid to them as such trustees, or to their successors the trustees for the time being of the said society, or to their certain attorney; for which payment well and truly to be made we jointly and severally bind ourselves, and each of us by himself, our and each of our executors and administrators, firmly by these presents. Sealed with our seals. Dated the day of , 19 .
Whereas the above-bounden K. L. has been duly appointed to the office of of the Society, established as aforesaid, and he, together with the above-bounden M. N. as his surety, has entered into the above-written bond, subject to the condition hereinafter contained: Now, therefore, the condition of the above-written bond is such that if the said K. L. renders a just and true account of all moneys received and paid by him on account of the said society, at such times as the rules thereof appoint, and pays over all the moneys remaining in his hands and assigns and transfers or delivers all property (including books and papers) belonging to the said society in his hands or custody to such person or persons as the said society or the trustees or committee of management thereof shall appoint, according to the rules of the said society, together with the proper and legal receipts or vouchers for such payments, then the above-written bond shall be void, but otherwise shall remain in full force.
Signed, sealed, and delivered in the presence of— V. W, [Occupation and address].
K. L. M. N.
[Signatures and seals.]
"Related Legislation
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Versions
Friendly Societies Act 1908
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