Credit Union Act 1997

Conditions for registration as a credit union.

6

6.(1) A society may be registered under this Act as a credit union if the F11[Bank] is satisfied that each of the following conditions is fulfilled—

(a) the society is formed for the objects specified in paragraphs (a) to (c) of subsection (2) and for no other purposes beyond those specified in paragraphs (d) to (g) of that subsection;

(b) admission to membership of the society is restricted to persons each of whom has, in relation to all the other members, at least one of the common bonds specified in subsection (3);

(c) it has at least 15 members who are of full age;

(d) its rules comply with section 13;

(e) the place which under those rules is, or is to be, the society's registered office is in the State;

(f) F12[]

(g) it has in force (or will have in force if registered) such a policy of insurance as is required by section 47.

(2) The objects referred to in subsection (1)(a) are—

F13[(a) the promotion of the accumulation of savings by its members;]

(b) the creation of sources of credit for the mutual benefit of its members at a fair and reasonable rate of interest;

(c) the use and control of members' savings for their mutual benefit;

(d) the training and education of its members in F13[the use of money];

(e) F14[];

(f) the improvement F13[of the well-being of the members’ community;] and

(g) subject to section 48, the provision to its members of such additional services as are for their mutual benefit.

(3) The common bonds referred to in subsection (1)(b) are—

(a) following a particular occupation;

(b) residing or being employed in a particular locality;

(c) being employed by a particular employer or having retired from employment with a particular employer;

(d) being a member of a bona fide organisation or being otherwise associated with other members of the society for a purpose other than that of forming a society to be registered as a credit union;

(e) any other common bond approved by the F11[Bank].

(4) In ascertaining whether a common bond exists between the members of a society, the F11[Bank]

(a) shall have regard to the qualifications which are stated in the rules to be required for admission to membership of the society, and

(b) may, if F11[it] considers it proper in the circumstances of the case, treat the fact that admission to membership is restricted as mentioned in subsection (1)(b) as sufficient evidence of the existence of a common bond.

(5) For the purposes of this Act, if the rules of a credit union so provide, a person shall be treated as having the qualification required for admission to membership stated in those rules if he is a member of the same household as, and is a member of the family of, another person who is a member of the credit union and who has a direct common bond with those other members.

(6) ...

(7) ...

(8) ...

(9) ...

F15[(10) Where a website is maintained by or on behalf of a credit union, the credit union shall publish, on the website maintained by it or on its behalf, as the case may be—

(a) a description of the common bond of the credit union, or

(b) where the common bond of the credit union is or includes that specified in paragraph (b) of subsection (3), a map on which the locality concerned is marked.

(11) Where no website is maintained by or on behalf of a credit union, the credit union shall include in its annual accounts—

(a) a description of the common bond of the credit union, or

(b) where the common bond of the credit union is or includes that specified in paragraph (b) of subsection (3), a map on which the locality concerned is marked.]

Annotations

Amendments:

F11

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

F12

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

F13

Substituted (22.02.2024) by Credit Union (Amendment) Act 2023 (34/2023), s. 4(b)(i), (ii), (iv), S.I. No. 57 of 2024.

F14

Deleted (22.02.2024) by Credit Union (Amendment) Act 2023 (34/2023), s. 4(b)(iii), S.I. No. 57 of 2024.

F15

Inserted (8.04.2024) by Credit Union (Amendment) Act 2023 (34/2023), s. 4(c), S.I. No. 57 of 2024, art. 3(c).

F16

Substituted by Credit Union (Amendment) Act 2023 (34/2023), s. 4(a), not commenced as of date of revision.

F17

Inserted by Credit Union (Amendment) Act 2023 (34/2023), s. 4(c), not commenced as of date of revision.

Modifications (not altering text):

C6

Prospective affecting provision: subs. (1) amended by Credit Union (Amendment) Act 2023 (34/2023), s. 4(a), not commenced as of date of revision.

6.(1) F16[Subject to subsection (6), a society may be registered] under this Act as a credit union if the F11[Bank] is satisfied that each of the following conditions is fulfilled—

C7

Prospective affecting provision: subss. (6), (7), (8), (9) inserted by Credit Union (Amendment) Act 2023 (34/2023), s. 4(c), not commenced as of date of revision.

F17[(6) A society may be registered under this Act as a credit union where all of the members of the society are credit unions and the Bank is satisfied that each of the following conditions is fulfilled:

(a) the society is formed—

(i) for no object other than—

(I) to provide services to those credit unions and their members, and

(II) the objects specified in paragraphs (a) to (c) of subsection (2),

and

(ii) for no other purposes beyond those specified in paragraphs (d) to (g) of subsection (2);

(b) each of its members share the common bonds of a corporate credit union;

(c) its rules comply with section 13;

(d) the place which under those rules is, or is to be, the society’s registered office is in the State;

(d) the place which under those rules is, or is to be, the society’s registered office is in the State;

(e) it has in force (or will have in force if registered) such a policy of insurance as is required by section 47.

(7) The common bonds of a corporate credit union are—

(a) that each of its members is a credit union (other than a corporate credit union), and

(b) the additional qualifications, if any, which are stated in its rules to be required for admission to membership of the society.

(8) In ascertaining whether the members of a society share the common bonds of a corporate credit union, in a case in which the society has stated in its rules additional qualifications which are required for admission to membership of the society, the Bank shall have regard to those qualifications.

(9) A society registered in accordance with subsection (6) may promote collaboration between its members and enhance the services provided by its members to their members.]