Credit Union Act 1997

Distribution to members.


132. (1) Where the terms of an amalgamation of, or transfer of engagements between, credit unions include provision for the distribution among any of the members of the participating credit unions of part of the funds of one or more of those credit unions in consideration of the amalgamation or transfer, then in the case of each of the credit unions concerned in the amalgamation or transfer—

( a) that provision must be approved by the special resolution referred to in section 128 (2)(b) or, as the case may be, section 129 (2) ; or

( b) the F287 [ Bank ] must give consent as mentioned in subsection (2).

(2) Where, in the case of a credit union proposing to transfer its engagements or to fulfil the engagements of another credit union—

( a) the terms of the proposed transfer of engagements include provision for a distribution of funds as in subsection (1), and

( b) the F287 [ Bank ] is considering under section 129 (2) whether to give consent to the credit union proceeding by way of a resolution of its board of directors, rather than by special resolution,

the F287 [ Bank ] shall not give that consent unless F287 [ it ] is satisfied that the distribution proposed to be made by each credit union concerned is, in all the circumstances, justified and reasonable.

(3) Any reference in this section to a distribution of funds, with reference to members, includes a reference to a distribution by means of a special rate of interest available to members for a limited period.




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