Credit Union Act 1997

Amalgamation of credit unions.

128

128. (1) Subject to compliance with section 130 , any two or more credit unions may amalgamate by forming a credit union as their successor.

(2) In order to form a credit union as their successor the amalgamating credit unions shall—

( a) agree on the rules for the regulation of their successor which comply with the requirements of the First Schedule ;

( b) each approve the terms of the amalgamation by a special resolution, which also approves the rules of their successor; and

( c) jointly make an application under section 131 to the F279 [ Bank ] for the confirmation of the amalgamation and send to the F279 [ Bank ] three copies of the rules of their successor, each copy signed by the secretary of each of the credit unions.

(3) If the F279 [ Bank ]

( a) confirms the amalgamation under section 131 , and

( b) is satisfied as respects the matters as to which F279 [ it ] must be satisfied before F279 [ it ] registers the rules of a credit union,

the F279 [ Bank ] shall register the rules of the successor credit union and issue to it a certificate of confirmation of F279 [ its ] approval of the amalgamation and specify a date (“the specified date”) as from which the registration takes effect.

(4) On the specified date, all the property, rights and liabilities of each of the credit unions whose amalgamation was confirmed by the F279 [ Bank ] shall by virtue of this subsection stand transferred to and vested in the credit union so registered as their successor.

(5) On the specified date, each of the credit unions to which the successor succeeds shall be dissolved by virtue of this subsection; but the transfer effected by subsection (4) shall be deemed to have been effected immediately before the dissolution.

Annotations

Amendments:

F279

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