Credit Union Act 1997

Transfer of engagements between credit unions.

129

129. (1) Subject to compliance with section 130 , a credit union may transfer its engagements to another credit union which, in accordance with this section, undertakes to fulfil the engagements.

(2) A credit union, in order—

( a) to transfer its engagements, or

( b) to undertake to fulfil the engagements of another credit union,

shall resolve to do so by a special resolution or, if the F265 [ Bank ] consents in either case in circumstances where F265 [ it ] considers it expedient to do so, by a resolution of the board of directors.

(3) The transfer shall be recorded in an instrument of transfer of engagements.

(4) A transfer of engagements between credit unions shall be of no effect unless—

( a) the transfer is confirmed by the F265 [ Bank ] under section 131 ; and

( b) a certificate of confirmation of the transfer is issued in respect of the transfer under subsection (5)(b).

(5) Where the F265 [ Bank ] confirms a transfer of engagements between credit unions, F265 [ it ] shall—

( a) register a copy of the instrument of transfer of engagements; and

( b) issue to the credit union taking the transfer a certificate of confirmation of the transfer;

and, on such date as is specified in the certificate, all the property, rights and liabilities of the credit union transferring its engagements shall, by virtue of this subsection, stand transferred to and vested in the credit union taking the transfer.

(6) Where its engagements have been transferred, a credit union shall, by virtue of this subsection, be dissolved on the date specified in the certificate issued under subsection (5)(b); but the transfer effected by subsection (5) shall be deemed to have been effected immediately before the dissolution.

F266 [ (7) ( a ) Where the engagements of a credit union (in this subsection referred to as the transferor credit union ) are transferred to another credit union (in this subsection referred to as the transferee credit union ), the common bond of the transferee credit union is taken to include the common bond of the transferor credit union and the rules of the transferee credit union are amended accordingly, on and from the date on which the transfer takes effect in accordance with this section.

( b ) Section 14 shall not apply to the amendment of the rules of the transferee credit union effected by paragraph (a) . ]

Annotations:

Amendments:

F265

Substituted (1.05.2003) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 35(1) and sch. 1 pt. 24 item 90, S.I. No. 160 of 2003, subject to transitional provisions in s. 36 and sch. 3 para. 26.

F266

Inserted (28.10.2011) by Central Bank and Credit Institutions (Resolution) Act 2011 (27/2011), s. 110(3) and sch. 2 pt. 3 item 3, S.I. No. 548 of 2011.