Credit Union Act 1997

Amendment of registered rules.

14

14.(1) The rules of a credit union shall not be amended except by a resolution passed by not less than two-thirds of the members of the credit union present and voting at an annual general meeting or at a special general meeting called for the purpose of considering a resolution proposing an amendment of the rules.

(2) An amendment of the registered rules of a credit union shall not be valid until the amendment has been registered under this Act, for which purpose two copies of the amendment, signed by four members, one of whom shall be the secretary and another a director, shall be sent to the F34[Bank].

(3) Subsection (2) shall not apply to a change in the name of a credit union, but, where a change in the name of a credit union is made in accordance with section 11, the change in the credit union’s name shall be registered by the F34[Bank] as an amendment of the credit union's rules.

F35[(3A) Before sending a copy of the amended rules to the Bank under subsection (2) the credit union is required to satisfy itself that the amendment is not contrary to the financial services legislation.]

F37[(4) Except where the Bank is satisfied that an amendment of a credit union’s rules sent to it under subsection (2) is not in the interests of the proper and orderly regulation of the credit union, the Bank shall issue to the credit union, within 3 months of its receipt of the amendment, an acknowledgement of registration which, unless the contrary is proved, shall be sufficient evidence that the amendment is duly registered.]

F36[(5) If the Bank is not satisfied that an amendment of a credit unions rules sent to it under subsection (2) is F37[in the interests of the proper and orderly regulation of the credit union], it shall refuse to register the amendment, in which case it shall give the credit union a notice of its refusal to register the amendment. The notice shall include a statement setting out the grounds for the refusal.]

F38[(5A) A decision of the Bank refusing to register an amendment of a credit unions rules under subsection (5) is an appealable decision for the purposes of Part VIIA of the Central Bank Act 1942.]

(6) Notwithstanding anything in the rules of a credit union, the board of directors may, by resolution passed during the transitional period, make such amendments of the rules of the credit union as may be consequential on the provisions of this Act.

(7) For the purposes of subsection (6), the transitional period is the period of one year from the commencement of this section or such longer period as may be determined by the F34[Bank].

(8) Notwithstanding anything in subsection (4), after the expiry of one year from the commencement of this section, the F34[Bank] shall not be required to register any amendment of a credit union's rules unless such consequential amendments of the registered rules as are mentioned in subsection (6) either—

(a) have been made before the F34[Bank] receives the amendment; or

(b) are to be effected by the amendment.

F39[(9) Notwithstanding anything in the rules of a credit union, the board of directors may, by resolution passed during the second transitional period, make such amendments of the rules of the credit union as may be consequential on the provisions of the Credit Union (Amendment) Act 2023.

(10) For the purposes of subsection (9), the second transitional period is the period of one year from the commencement of section 7(d) of the Credit Union (Amendment) Act 2023 or such longer period as may be determined by the Bank.

(11) Notwithstanding anything in subsection (4), after the expiry of one year from the commencement of section 7(d) of the Credit Union (Amendment) Act 2023, the Bank shall not be required to register any amendment of a credit union’s rules unless such consequential amendments of the registered rules as are mentioned in subsection (9) either—

(a) have been made before the Bank receives the amendment, or

(a) are to be effected by the amendment.]

Annotations

Amendments:

F34

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

F35

Inserted (11.10.2013) by Credit Union and Co-operation with Overseas Regulators Act 2012 (40/2012), s. 35 and sch. 1 item 4, S.I. No. 393 of 2013.

F36

Substituted (11.10.2013) by Credit Union and Co-operation with Overseas Regulators Act 2012 (40/2012), s. 35 and sch. 1 item 5, S.I. No. 393 of 2013.

F37

Substituted (22.02.2024) by Credit Union (Amendment) Act 2023 (34/2023), s. 7(b), (c), S.I. No. 57 of 2024.

F38

Inserted (1.08.2004) by Central Bank and Financial Services Authority of Ireland Act 2004 (21/2004), s. 10(2) and sch. 1 part 7 item 3, S.I. No. 455 of 2004.

F39

Inserted (22.02.2024) by Credit Union (Amendment) Act 2023 (34/2023), s. 7(d), S.I. No. 57 of 2024.

F40

Substituted by Credit Union (Amendment) Act 2023 (34/2023), s. 7(a), not commenced as of date of revision.

Modifications (not altering text):

C10

Prospective affecting provision: subs. (2) substituted by Credit Union (Amendment) Act 2023 (34/2023), s. 7(a), not commenced as of date of revision.

F40[(2) An amendment of the registered rules of a credit union shall not be valid until the amendment has been registered under this Act, for which purpose a copy of the amendment—

(a) in the case of a credit union other than a corporate credit union, signed by 4 members, one of whom shall be the secretary and another a director, and

(b) in the case of a corporate credit union, signed on behalf of not less than 2 members by the secretary of each of those members, shall be sent to the Bank.]

C11

Application of subs. (2) restricted (11.10.2013) by Credit Union and Co-operation with Overseas Regulators Act 2012 (40/2012), s. 15(2), S.I. No. 393 of 2013.

Board of directors.

15.— ...

(2) An amendment to the rules of a credit union passed in accordance with section 14(1) of the Principal Act to give effect to a reduction in the number of board of directors in compliance with that Act, shall have immediate effect notwithstanding section 14(2) of that Act.

C12

Application of subs. (4) restricted (1.08.2013) by Credit Union and Co-operation with Overseas Regulators Act 2012 (40/2012), s. 4(4), S.I. No. 280 of 2013.

Savers for regulatory actions of Bank.

4.—...

(4) Notwithstanding anything in section 14(4) of the Principal Act, after the expiry of one year from the commencement of this section, the Bank shall not be required to register any amendment of a credit union’s rules unless such consequential amendments of the registered rules as are mentioned in subsection (2) either—

(a) have been made before the Bank receives the amendment; or

(b) are to be effected by the amendment.

Editorial Notes:

E17

Previous affecting provision: subs. (4) substituted (11.10.2013) by Credit Union and Co-operation with Overseas Regulators Act 2012 (40/2012), s. 35 and sch. 1 item 5, S.I. No. 393 of 2013; substituted (8.04.2024) as per F-note above.

E18

Previous affecting provision: subs. (5) substituted (1.08.2004) by Central Bank and Financial Services Authority of Ireland Act 2004 (21/2004), s. 10(2) and sch. 1 part 7 item 3, S.I. No. 455 of 2004; substituted (11.10.2013) as per F-note above.

E19

Previous affecting provision: subs. (4) amended (1.05.2003) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 35(1) and sch. 1 part 24 item 12, S.I. No. 160 of 2003, subject to transitional provisions in s. 36 and sch. 3 para. 26; substituted as per F-note above.

E20

Previous affecting provision: subs. (5) amended (1.05.2003) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 35(1) and sch. 1 part 24 item 12, S.I. No. 160 of 2003, subject to transitional provisions in s. 36 and sch. 3 para. 26; substituted as per E-note above.