Credit Union Act 1997

Persons disqualified from acting.

72

72.F194[(1) A person who has been adjudicated bankrupt and whose bankruptcy still subsists or F195[who, in the previous 10 years, has been convicted] of an offence in relation to a credit union or an offence involving fraud or dishonesty shall not

(a) sign an application form for the registration of a society as a credit union,

(b) be qualified to be appointed or to act as an officer, auditor, receiver or liquidator of a credit union,

(c) directly or indirectly take part in or be concerned in the management or operation of a credit union, or

(d) permit his or her name to be put forward for election or appointment to any of the positions referred to in paragraph (b).]

F196[(2) If a person who is a member of

(a) the board of directors,

(b) the board oversight committee, or

(c) a principal Committee,

of a credit union is adjudicated bankrupt or convicted of such an offence as is referred to in subsection (1), then such person shall forthwith cease to hold office and the vacancy thereby created shall be deemed to be a casual vacancy and be filled accordingly.]

(3) A decision of the board of directors of a credit union shall not be affected by the presence at a meeting of the board of a person who, by virtue of this section, is disqualified from being a director; but any vote which such a person purports to cast shall be disregarded.

(4) Any person who, in relation to a credit union, purports to act in a manner or capacity which, by virtue of his being disqualified under this section, he is prohibited from doing shall be guilty of an offence.

Annotations

Amendments:

F194

Substituted (11.10.2013) by Credit Union and Co-operation with Overseas Regulators Act 2012 (40/2012), s. 35 and sch. 1 item 61, S.I. No. 393 of 2013.

F195

Substituted (8.04.2024) by Credit Union (Amendment) Act 2023 (34/2023), s. 40, S.I. No. 57 of 2024.

F196

Substituted (11.10.2013) by Credit Union and Co-operation with Overseas Regulators Act 2012 (40/2012), s. 35 and sch. 1 item 62, S.I. No. 393 of 2013.