Credit Union Act 1997

Power to provide additional services.

48

48. F74 [ (1) Subject to the following provisions of this Part, a credit union may provide, as principal or agent, additional services of a description that appears to the credit union and to the Bank, to be of mutual benefit to its members. ]

F75 [ (2) In this section and the following provisions of this Part additional services , in relation to a credit union, means any services other than those

( a ) for which provision is made by the preceding provisions of this Part, or

( b ) which are being prescribed for the purposes of this section as being services of a description that appears to the Bank to be of mutual benefit to its members,

and regulations made by the Bank for the purposes of paragraph ( b ) may make the exclusion of any services from being additional services conditional on compliance with such conditions as may be prescribed by the Bank. ]

(3) Nothing in this section or the following provisions of this Part affects the operation of any enactment which is not contained in this Act and which, in whole or in part, relates to the provision of financial or other services of any description.

(4) In order to enable a credit union to provide additional services of any description—

F76 [ ( a ) the credit union must adopt a decision to provide additional services of that description by a resolution passed by not less than two-thirds of the members present and voting at an annual general meeting or at a special general meeting called for the purpose of considering the resolution, or the credit union must adopt a decision to provide additional services of that description by a resolution of the board of directors; ]

( b) the provision of the services must be approved by the F77 [ Bank ] in accordance with section 49 and the services must be provided in accordance with the terms and conditions of the approval; and

( c) the rules of the credit union must specify the provision of services of that description among the objects of the credit union.

(5) Notice shall be given of a resolution under subsection (4)(a) in accordance with the rules of the credit union or, if the rules do not make special provision as to notice of such a resolution, the like notice shall be given as is required by the rules for a resolution to amend the rules; and notice of the resolution shall contain or be accompanied by a statement giving—

( a) a description of the services which it is proposed to provide;

( b) an assessment of the financial and other implications for the credit union of the provision of those services; and

( c) details of such other matters as the F77 [ Bank ] may by notice in writing require to be brought to the attention of the members of the credit union concerned.

(6) Before giving notice of a resolution as mentioned in subsection (5), a credit union shall consult the F77 [ Bank ] and the F77 [ Bank ] shall give a preliminary view as to whether and to what extent the provision of the service would be likely to be approved by F77 [ it ]; but the giving of such a preliminary view shall not prejudice the decision of the F77 [ Bank ] under section 49 (3) .

F78 [ (7) The Bank may specify in writing such requirements as it considers necessary for credit unions providing additional services; and different requirements may be so specified in relation to different descriptions of additional services and apply to different classes of credit unions. ]

F79 [ (8) A credit union shall not be able or, as the case may be, shall cease to be able to provide additional services of a description to which requirements under subsection (7) apply if

( a ) the credit union does not satisfy those requirements, or

( b ) within the period of 12 months beginning on the date on which approval for the provision of the services is given under section 49, the credit union does not begin to provide those services;

but, if a credit union ceases to comply with any of those requirements, the cessation shall not, of itself, impose an obligation on the credit union to dispose of any property or right acquired in connection with the provision of the additional services concerned. ]

Annotations:

Amendments:

F74

Substituted (11.10.2013) by Credit Union and Co-operation with Overseas Regulators Act 2012 (40/2012), s. 35 and sch. 1 item 36, S.I. No. 393 of 2013.

F75

Substituted (11.10.2013) by Credit Union and Co-operation with Overseas Regulators Act 2012 (40/2012), s. 35 and sch. 1 item 37, S.I. No. 393 of 2013.

F76

Substituted (11.10.2013) by Credit Union and Co-operation with Overseas Regulators Act 2012 (40/2012), s. 35 and sch. 1 item 38, S.I. No. 393 of 2013.

F77

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 26, S.I. No. 160 of 2003, subject to transitional provisions in s. 36 and sch. 3 para. 26.

F78

Substituted (11.10.2013) by Credit Union and Co-operation with Overseas Regulators Act 2012 (40/2012), s. 35 and sch. 1 item 39, S.I. No. 393 of 2013.

F79

Substituted (11.10.2013) by Credit Union and Co-operation with Overseas Regulators Act 2012 (40/2012), s. 35 and sch. 1 item 40, S.I. No. 393 of 2013.

Editorial Notes:

E36

Previous affecting provision: subss. (1), (2), (4)(a) and (7) amended (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 26, S.I. No. 160 of 2003, subject to transitional provisions in s. 36 and sch. 3 para. 26; substituted as per F-notes above.