Credit Union Act 1997

Delivery to the Registrar of documents otherwise than in legible form.

104

104. (1) This section applies to the delivery to the F243 [ Bank ] under any provision of this Act of documents otherwise than in legible form (whether by electronic means or otherwise).

(2) Any requirement to deliver a document to the F243 [ Bank ], or to deliver a document in the prescribed form, shall be satisfied by the communication to the F243 [ Bank ] of the requisite information in any non-legible form specified by the F243 [ Bank ] for the purposes of this section.

(3) Any document which (in legible form) would be required to be signed or sealed, shall instead be authenticated in such manner as may be specified by the F243 [ Bank ] for the purposes of this section.

(4) The document must—

( a) contain in a prominent position the registered number of the credit union to which it relates,

( b) satisfy any requirements specified by the F243 [ Bank ] for the purposes of this section, and

( c) be furnished in such manner and conform to such requirements as may be so specified for the purposes of enabling the F243 [ Bank ] to read and copy the document.

(5) If a document is delivered to the F243 [ Bank ] which does not comply with the requirements of this section, F243 [ it ] may serve on the person by whom the document was delivered (or if there are two or more such persons, on any of them) a notice indicating the respect in which the document does not comply.

F243 [ (6) The Bank may not serve a notice under subsection (5) after the end of 3 months from the date on which it received the document to which the notice relates. ]

(7) Where the F243 [ Bank ] serves a notice under subsection (5), then, unless a replacement document—

( a) is delivered to F243 [ it ] within 28 days after the service of the notice, and

( b) complies with the requirement of this section or is not rejected by F243 [ it ] for failure to comply with those requirements,

the original document shall be deemed not to have been delivered to F243 [ it ].

(8) For the purposes of any provision imposing a penalty for failure to deliver a document, so far as it imposes a penalty for continued contravention, no account shall be taken of the period between the delivery of the original document and the end of the period of 28 days after the service of the F243 [ Bank ]'s notice under subsection (5).

F243 [ (9) Regulations under section 182 may make further provision for the delivery of documents, or the service of notices, under this section by instantaneous forms of communication. ]

(10) In this section “ document” includes any periodic account, abstract, statement or return required to be delivered to the F243 [ Bank ].

Annotations

Amendments:

F243

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