Friendly Societies Act

Link to law: http://laws.gov.ag/acts/chapters/cap-184.pdf
Published: 1928

Friendly Societies (CAP. 184 1

CHAPTER 184

THE FRIENDLY SOCIETIES ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.

THE REGISTRAR

3. The Registrar.
4, Annual return by Registrar.

REGISTRY O F SOCIETIES

Societies to which this Act applies.
Societies to be registered.
Conditions of registration.
Name of society.
Acknowledgement of registry.
Appeals from refusal to register.
Registry of amendments of rules.
Registry of dividing societies.
Registry of societies assuring annuities.

SOCIETIES WITH BRANCHES

14. Registry of societies with branches.
15. Establishment of new branches.
16. Application of previous provisions to branches.
17. Requisites for registry of branches as societies.
18. Name of seceding or expelled branch.
19. Contributions from one society to another.

CONSEQUENCES O F REGISTRY

20. Subscriptions not recoverable at law.
2 1 . Registered office.
22. Appointment of trustees.

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2 CAP. 184) Friend& Societies

23. Change in list of officers of society.
24. Distribution of contribution cards.
25. Manner of keeping accounts.
26. Return of members and investments.
27. Audit.
28. Annual returns.
29. Quinquennial valuation.
30. Copy of last balance sheet.
31. Cattle insurance and other societies.

PRIVILEGES O F REGISTERED SOCIETIES

32. Exemptions from stamp duty.
33. Priority on death, bankruptcy, etc. of officer
34. Membership of minors.
35. Subscriptions to hospitals.

RIGHTS OF MEMBERS

36. Right to supply of copies of the rules.
37. Right to supply of copies of annual return.
38. Inspection of books by members.
39. Limitation of benefits.
40. Accumulation of surplus of contributions.
41. Service in Defence Force.

PROPERTY, FUNDS, AND INVESTMENTS

42. Investment of funds.
43. Loans to assured members.
44. Loans out of separate loan fund.
45. Holding of land.
46. Vesting of property.
47. Devolution on death.
48, Description in legal proceedings.
49. Discharge of mortgages by receipt endorsed.

OFFICERS IN RECEIPT O R CHARGE OF MONEY

50. Security by officers.
5 1. Accounts of officers.

PAYMENTS ON DEATH GENERALLY

52. Member may dispose of sums payable on his death by
nomination.

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Friend2y Societies (CAP. 184 3

53. Proceedings on death of a nominator.
54. Intestacy.
55. Validity of payments.
56. Certificates of death.

PAYMENTS ON DEATH O F CHILDREN

57. Limitation of amount payable.
58. Person to whom payment may be made.
59. Particulars of certificates.
60. Cases in which certificates may be given.
61. Enquiries by societies.
62. Saving as to insurable interest, etc.

DISPUTES

63. Decision of disputes.

CHANGE O F NAME, AMALGAMATION
AND CONVERSION O F SOCIETIES

64. Power to change name.
65. Amalgamation and transfer of engagements.
66. Conversion of society into company.
67. Saving for right of creditors.
68. Meaning of special resolution.
69. Registration of special resolutions.

INSPECTION: CANCELLING AND SUSPENSION
OF REGISTRY: DISSOLUTION

70. Inspection of books.
7 1. Cancelling and suspension of registry.
72. Dissolution of societies.
73. Instrument of dissolution.
74. Dissolution by award.
75. Dissolution of societies having branches.
76. Notice of proceedings or order to set aside dissolution.

OFFENCES, PENALTIES, AND LEGAL
PROCEEDINGS

7 7. Offences.
78. Bankrupt, etc., not to be officer of a society.
79. Medical officer or druggist not to hold other office.
80. Offences by societies to be also offences by officers, etc.

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4 CAP. 184) Friendly Societies

8 1. Continuing offences.
82. Punishment of fraud, false declarations and

misappropriations.
83. Penalty for falsification.
84. Penalty for ordinary offences.
85. Special offences in the case of friendly societies.
86. Recovery of penalties.
87. Limitation.
88. Legal proceedings.

FEES: FORMS: REGULATIONS: EVIDENCE

89. Fees.
90. Fees payable to Registrar of births and deaths.
91. Forms.
92. Regulations for carrying out Act.
93. Approval and publication of regulations.
94. List of officers to be evidence of appointment.
95. Evidence of documents.

APPLICATION O F ACT

96. Application to existing societies.
FIRST SCHEDULE.
SECOND SCHEDULE.

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i. Friendly Societies (CAP. 184 5

1 FRIENDLY SOCIETIES

Y

(14th May, 1928.) 811928.
1111939.

S.R.O. 2211956.
1211984.

S.I. 3911989.

1. This Act may be cited as the Friendly Societies Act. Short title.
S
1" k g
F 2. In this Act- Interpretation. :--
C "amendment of rule" includes a new rule, and a

V
resolution rescinding a rule;

"branch" means any number of the members of a
society, under the control of a central body, having
a separate fund, administered by themselves or by
a committee or officers appointed by themselves,
and bound to contribute to a fund under the control
of a central body;

L 1 committee" means the committee of management or

i
other directing body of a society or branch;

k

t "land" includes any interest in land;
i
t
D 6 ' meeting" includes (where the rules of a society or

branch so allow) a meeting of delegates appointed
by members;

L L officer" includes any trustee, treasurer, secretary, or
member of the committee of management of a socie-
ty or branch, or person appointed by the society
or branch to sue and be sued on its behalf;

"persons claiming through a member" includes the
nominees of the member where nomination is
allowed;

"property" includes all property whether real or
personal (including books and papers);

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6 CAP. 184) Friendly Societies

"savings bank" means the Savings Bank established
under the Savings Bank Act;

"signed", in relation to a body corporate, means sealed;

"society" means a society registered under this Act,
and includes societies subsisting a t the
commencement of this Act, to which the provisions
of this Act apply.

THE REGISTRAR

The Registrar. 3. (1) There shall be a Registrar of Friendly Societies
(in this Act called "the Registrar") who shall hold his office
during pleasure.

(2) The Registrar of the High Court shall be the
Registrar.

Annual return by
Registrar.

4. The Registrar shall in every year make a return
to the Minister containing, in respect of every society, the
following particulars:-

(a) The date of registration and the objects of the
society;

( b ) The number of members on the roll of the
society and the amount of money invested on real
security or deposited in a savings bank or in the
treasurer's hands on the preceding thirty-first day of
December;

(6) A statement as to whether or not the society
is in receipt of assistance from the Government;

(d) Such other matters as may be prescribed.

Societies to
which this Act

5 . The following societies shall be societies to which
applies. this Act applies-

(1) Societies (in this Act called friendly societies) for
the purpose of providing by voluntary subscriptions of the
members thereof, with or without the aid of donations, for-

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Friendly Societies (CAP. 184 7

(a) the relief or maintenance of the members, their
husbands, wives, children, fathers, mothers, brothers
or sisters, nephews or nieces, or wards being orphans,
during sickness or other infirmity, whether bodily or
mental, in old age (which shall mean any age after fifty)
or in widowhood, or for the relief or maintenance of
the orphan children of members during minority; or

( 6 ) insuring money to be paid on the birth of a
member's child, or on the death of a member, or for
the funeral expenses of the husband, wife, or child of
a member, or of the widow of a deceased member; or

(c) the relief or maintenance of the members when
on travel in search of employment, or when in distressed
circumstances, or in case of shipwreck, or loss or damage
of or to boats or nets; or

(6) the endowment of members or nominees of
members at any age; or

(e) the insurance against fire, to any amount not
exceeding seventy-two dollars, of the tools or implements
of the trade or calling of the members:
Provided that this Act shall not apply to a friendly society

which contracts with any person for the assurance of an
annuity exceeding two hundred and forty dollars per annum,
or of a gross sum exceeding nine hundred and sixty dollars.

(2) Societies (in this Act called cattle insurance societies)
for the purpose of insurance to any amount against loss of
meat cattle, sheep, lambs, swine, horses, and other animals
by death from disease or otherwise.

(3) Societies (in this Act called benevolent societies) for
any benevolent or charitable purpose.

(4) Societies (in this Act called working-men's clubs)
for purposes of social intercourse, mutual helpfulness, mental
and moral improvement, and rational recreation.

(5) Societies (in this Act called specially authorized
societies) for any purpose which the Minister may authorize
as a purpose to which the provisions of this Act, or such

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8 CAP. 184) Friendly Societies

of them as are specified in the authority, ought to be
extended:

Provided that where any provisions of this Act are so
specified those provisions only shall be so extended.

Societies to be
registered.

6. (1) Every society to which this Act applies shall
be registered under this Act:

Provided that it shall be deemed to be a sufficient
compliance with the provisions of this section if, before any
subscriptions or fees are collected from any member, the
Registrar, by writing under his hand, permits any person
named therein to take the necessary steps for the formation
of a society and if such society is in fact registered within
six months of such permission being given as aforesaid:

Provided also that no society subsisting at the
commencement of this Act need be registered under this Act
until three months after the commencement of this Act.

Conditions of
registration.

(2) In the event of any contravention of the provisions
of this section, every secretary, trustee, member of the
committee, or other officer of an unregistered society shall
be liable to a penalty not exceeding four dollars and eighty
cents for every day during which such society remains
unregistered.

7. (1) A society shall not be registered under this Act
unless it consists of seven persons at least.

(2) For the purpose of registry, there shall be sent to
the Registrar an application to register the society, signed
by seven members and the secretary, and copies of the rules,
together with a list of the names of the secretary, of every
member of the committee, and of every trustee or other officer
intended to be authorized to sue and be sued on behalf of
the society.

(3) The rules of the society so sent shall, according to
the class in which the society is to be registered, contain
provisions in respect of the several matters mentioned in the

First Schedule. First Schedule.

Name of society. 8. A society shall not be registered under a name
identical with that under which any other existing society

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Friendly Societies (CAP. 184 9

is registered, or so nearly resembling that name as to be
likely, or in any name likely, in the opinion of the Registrar,
to deceive the members or the public as to its nature or its
identity.

9. The Registrar, on being satisfied that a society has -4;F:;;FFment
complied with the provisions of this Act as to registry, shall
issue to that society an acknowledgement of registry specifying
the designation of the society according to the classification
set forth in this Act, and this acknowledgement shall be
conclusive evidence that the society therein mentioned is duly
registered, unless it is proved that the registry of the society
has been suspended or cancelled.

10. (1) From a refusal to register a society, an appeal &$$$tFm
shall lie by the society to a Judge of the High Court. register.

(2) If the refusal to register is overruled on appeal, the
Registrar shall give an acknowledgement of registry to the
society.

1 . (1) An amendment of a rule made by a society f;$;fz2ts
shall not be valid until the amendment has been registered .,I,,.
under this Act, for which purpose copies of the amendment,
signed by three members and the secretary, shall be sent
to the Registrar.

(2) The Registrar shall, on being satisfied that any
amendment of a rule is not contrary to the provisions of this
Act, 'issue to the society an acknowledgement of registry of
the amendment, and that acknowledgement shall be
conclusive evidence that the amendment is duly registered.

(3) The provisions of this Act as to appeals from a
refusal to register a society shall apply to a refusal to register
an amendment of a rule.

12. A society (other than a benevolent society or Registry of
dividing

working-men's club) shall not be disentitled to registry by
reason of any rule for or practice of dividing any part of
the funds thereof if the rules of the society contain distinct
provision for meeting all claims upon the society existing
at the time of division before any such division takes place.

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10 CAP. 184) Friendly Societies

Registry of
societies assuring

13. A society assuring a certain annuity shall not be
annuities. entitled to registry, unless the tables of contributions for the

assurance, certified by the Director of Audit or some other
person approved by the Minister, are sent to the Registrar
with the application for registry.

Registry of
societies with

14. (1) Where a society has branches, the application
branches. for registry shall be accompanied with-

(a) a list of all the branches, and notice of the place
where the registered ofice of each branch is situate; and

(6) if any branch is to have trustees or officers
authorized to sue and be sued on its behalf, other than
the trustees or officers authorized to sue and be sued
on behalf of the society, a list of the names of all such
trustees or officers, distinguishing the branches for which
they are authorized to sue and be sued; and

(c) if the rules of all the branches (in this Act called
branch rules) are or are intended to be identical, a state-
ment to that effect, and copies of those rules; and

(6) if the branch rules are not or are not intended
to be identical, a statement to that effect, and copies
of all branch rules..

(2) A society having a fund under the control of a central
body to which every branch is bound to contribute may be
registered as a single society.

Establishment of 15. There shall be sent under the hand of the secretary
new branches.

of a society to the Registrar-

(a) notice of the establishment of every new branch
of the society; and

( b ) notice of the place where the registered office
of the branch is situate; and

(c) if the branch is to have trustees or officers
authorized to sue and be sued on its behalf, other than
the trustees or officers authorized to sue and be sued
on behalf of the society, a list of the names of such
trustees or officers; and

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Friendly Societies (CAP. 184 11

(6) a statement whether or not the rules of the
branch are identical with those of the other branches
of the society, and, if not so, a copy of the rules of the
branch.

16. The provisions of this Act as to- Application of
previous

(a) the acknowledgement of registry of societies and g:;:$'' to
amendments of rules; and

( b ) appeals from refusals to register societies and
amendments of rules and the result thereof; and

(c) the registry of the amendments of rules; and

(d) evidence of registry and of the appointment of
trustees and officers,

shall apply to branches and amendments of branch rules.

17. (1) A body which has been registered as a branch 222,"F; for
of a society shall not be registered as a society except on branches as
production to the Registrar of a certificate, under the hand societies.
of the chief secretary or other principal officer of the society
of which it was a branch, that the body has wholly seceded
or has been expelled from the society.

(2) An appeal shall lie from the refusal of the chief
secretary or other principal officer of the society, or his
omission, after three months from the receipt of a request
in writing made on behalf of the body to grant a certificate,
to a Judge of the High Court.

18. A body which, having been a branch of a society, :;;:;".ding
has wholly seceded or been expelled from that society shall branch.
not thereafter use the name of that society or any name
implying that it is a branch thereof, or the number by which
it was designated as such branch.

19. A society or branch may contribute to the funds, Contributions
from one society

and take part by delegates or otherwise in the government to another.
of any other society or branch of a society, as provided in
the rules of that first-named society or branch, without
becoming a branch under this Act of that other society or
branch.

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CAP. 184) Friendly Societies

Subscriptions not 20. Save as provided by section 3 1 the subscription
recoverable at
law. of a person being or having been a member of a society or

branch shall not be recoverable at law.

Registered office. 1 . (1) Every registered society and branch shall have
a registered office to which all communications and notices
may be addressed, and shall send to the Registrar notice
of the situation of that office, and of every change therein.

(2) In the case of a branch, the notice shall be sent to
the Registrar through an officer appointed in that behalf by
the society of which the branch forms part.

Appointment of
trustees. 22. (1) Every registered society and branch shall have

one or more trustees.

(2) The trustees shall be appointed at a meeting of the
society or branch, and by a resolution of a majority of the
members present and entitled to vote thereat.

(3) The society or branch shall send to the Registrar
a copy of every resolution appointing a trustee, signed by
the trustee so appointed, and by the secretary of the society
or branch.

(4) The same person shall not be secretary or treasurer
of a registered society or branch and a trustee of that society
or branch.

( 5 ) In the case of a branch, the copy of the resolution
shall be sent to the Registrar through an officer appointed
in that behalf by the society of which the branch forms part.

Change in list of 23. Any change in the names shown on the list
officers of
society. mentioned in subsection (2) of section 7 shall be forthwith

communicated in writing to the Registrar by the secretary
of a society, and any secretary failing to make such
communication shall be guilty of an offence under this Act.

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Friendly Societies (CAP. 184 13

24. Every society and branch shall cause contribution Distribution of
contribution cards in the prescribed form to be issued to members for card,.

the purpose of being filled in, returned, and dealt with in
the prescribed manner.

25. Every society and branch shall- Manner of
keeping accounts.

(a) cause its accounts to be regularly entered in
the prescribed books, separate accounts being kept of
all moneys received or paid on account of every
particular fund or benefit assured by the society or
branch for which a separate table of contributions
payable is adopted, distinct from all moneys received
and paid on account of any other benefit or fund; and

( 6 ) keep a separate account of the expenses of
management of the society and of all contributions on
account thereof.

26. Once in every year, not later than the thirty-first Es",:fand
day of January, every society and branch shall send to the investments.

, -
Registrar a return showing the number of members on its
roll, the amount of money deposited in savings banks, the
amount of money invested in real security, and the amount
of money in the treasurer's hands on the preceding thirty-
first day of December.

27. (1) Every society and branch shall, once at least Audit.
in every year, submit its accounts for audit to the prescribed
person or persons at the prescribed time and shall pay the
prescribed fees to such persons.

(2) The prescribed persons shall have access to all the
books and accounts of the society or branch, and shall
examine the annual return mentioned in this Act, and verify
the annual return with the accounts, contribution cards, and
vouchers relating thereto, and shall either sign the annual
return as found by them to be correct, duly vouched, and
in accordance with law, or specially report to the society or
branch in what respects they find it incorrect, unvouched,
or not in accordance with law.

28. (1) Every society and branch shall, once in every Annual returns.
year, not later than the thirty-first day of March, send to

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14 CAP. 184) Friendly Societies

the Registrar a return (in this Act called the annual return)
of the receipts and expenditure, funds, and effects of the
society or branch as audited.

(2) The annual return shall-

(a) show separately the expenditure in respect of
the several objects of the society or branch; and

( 6 ) be made out to the preceding thirty-first day
of December inclusively.

(3) The society or branch shall, together with the annual
return, send a copy of any special report to the prescribed
persons.

(4) In the case of a branch, the annual return shall be
sent to the Registrar through an officer appointed in that
behalf by the society of which the branch forms part.

Quinquennial
valuation.

29. (1) Every society and branch shall, except as in
this section provided, once at least in every five years either-

(a) cause its assets and liabilities to be valued by
a valuer to be appointed by the society or branch and
approved by the Registrar, and send to the Registrar
a report on the condition of the society or branch; or

(6) send to the Registrar a return of the benefits
assured and contributions receivable from all the
members of the society or branch, and of all its funds
and effects, debts and credits, accompanied by such
evidence in support thereof as the Registrar prescribes.

(2) If the society or branch sends to the Registrar such
report as aforesaid, the report shall-

(a) be signed by the valuer; and

(b) state the address and calling or profession of
the valuer; and

(c) contain an abstract to be made by the valuer
of the results of his valuation, together with a statement
containing such information with respect to the benefits
assured and the contributions receivable by the society

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Friendly Societies (CAP. 184 15

or branch and of its funds and effects, debts and credits,
as the Registrar may require.

(3) If the society or branch sends to the Registrar such
return as aforesaid, he shall cause the assets and liabilities
of the society or branch to be valued and reported on by
some qualified person, and shall send to the society or branch
a copy of the report and an abstract of the results of the
valuation.

(4) This section shall not apply to-

(a) a benevolent society, working-men's club, cattle
insurance society or branch thereof; or

( 6 ) a specially authorized society or branch unless
it is so directed in the authority for registering that
society or branch.

(5) The Registrar may, with the approval of the
Minister, dispense with the provisions of this section in respect
of societies or branches to whose purposes or to the nature
of whose operations he may deem those provisions
inapplicable.

30. Every society and branch shall keep a copy of copy of last
balance sheet.

the last annual balance sheet, and of the last quinquennial
valuation, together with any special report of the auditors,
always hung up in a conspicuous place at the registered office
of the society or branch.

31. (1) The rules of a cattle insurance society or Cattle insurance
and other

branch, and of such specially authorized societies or branches societies.
thereof as the Minister may allow to take the benefit of this
section, shall bind the society or branch and the members
thereof, and all persons claiming through them respectively
to the same extent as if each member had subscribed his
name thereto, and there were in the rules contained a
covenant on the part of himself, his heirs, executors, and
administrators to conform to the rules subject to the
provisions of this Act.

(2) All sums of money payable by a member to such
society or branch as aforesaid shall be deemed to be a debt
due from the member to the society or branch, and shall

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16 CAP. 184) Friendly Societies

be recoverable as such before a Magistrate in accordance
Cap. 255. with the provisions of the Magistrate's Code of Procedure

Act.

Exemptions from 32. Stamp duty shall not be chargeable upon any of
stamp duty.

the following documents-

(a) Draft or order or receipt given by or to a
registered society or branch in respect of money payable
by virtue of its rules or of this Act;

( 6 ) Letter or power of attorney granted by any
person as trustee for the transfer of any money of a
registered society or branch invested in his name in the
public funds;

(c) Bond given to or on account of a registered
society or branch or by the treasurer or other officer
thereof;

(d) Policy of insurance, or appointment or
revocation of appointment of agent, or other document
required or authorized by this Act or by the rules of
a registered society or branch.

Priority on
death,

33. (1) In the following cases, namely-
bankruptcy, etc.,
of officer. ( a ) Upon the death or bankruptcy of any officer

of a society or branch having in his possession by virtue
of his office any money or property belonging to the
society or branch; or

(6) If any execution, attachment, or other process
is issued against any such officer or against his property,

his executors or administrators, or trustee in bankruptcy,
or the person executing the process, respectively, shall upon
demand in writing of the trustees of the society or branch,
or of any two of them, or of any person authorized by the
society or branch, or by the committee thereof, to make the
demand, pay the money and deliver over the property to
the trustees of the society or branch in preference to any
other debt or claim against the estate of the officer.

(2) In this section, "bankruptcy" includes liquidation
of a debtor's affairs by arrangement.

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Friendly Societies (CAP. 184 17

34. (1) The rules of a registered society or branch Membership of
minors.

may provide for the admission of a person under eighteen
years of age as a member.

(2) Any such member may, if he is over sixteen years
of age by himself, and if he is under that age by his parent
or guardian, execute all instruments and give all acquittances
necessary to be executed or given under the rules, but shall
not be a member of the committee, or a trustee, manager,
or treasurer of the society or branch.

35. A society or branch may subscribe out of its funds Subscriptions to
to any hospital, infirmary, charitable or provident institution,
any annual or other sum which may be necessary to secure
to members of the society or branch and their families the
benefits of the hospital, infirmary, or other institution,
according to its rules.

36. Every society and branch shall deliver to every Right
of copies of the

person on demand, on payment of a sum not exceeding ,leS.
twenty-four cents, a copy of the rules of the society or branch.

3 7. Every society and branch shall supply gratuitously ~ ~ ~ ~ p : ; s
to every member or person interested in its funds, on his .,I return.
application, either-

(a) a copy of the last annual return of the society
or branch, or

(b) a balance sheet or other document duly audited
containing the same particulars as to the receipts and
expenditure, funds, and effects, of the society or branch
as are contained in the annual return.

38. A member or person having an interest in the Inspection of
books by

funds of a registered society or branch may inspect the books
at all reasonable hours at the registered office of the society
or branch, or at any place where the books are kept, except
that the member or person shall not, unless he is an officer
of the society or branch, or is specially authorized by a
resolution of the society or branch to do so, have the right
to inspect the loan account of any other member without
the written consent of that member.

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18 CAP. 184) Friend& Societies

Limitation of 39. (1) A member, or person claiming through a
benefits. member, of a friendly society or branch shall not be entitled

to receive more than nine hundred and sixty dollars by way
of gross sum, together with any bonuses or additions declared
upon assurances not exceeding that amount, or two hundred
and forty dollars a year by way of annuity, from any one
or more such societies or branches.

(2) Any such society or branch may require a member,
or person claiming through a member, to make and sign
a statutory declaration that the total amount to which that
member or person is entitled from one or more such societies
or branches does not exceed the sums aforesaid.

Accumulation of
surplus of

40. The rules of a society or branch may provide for
contributions. accumulating at interest, for the use of any member, any

surplus of his contributions to the funds of the society or
branch which may remain after providing for any assurance
in respect of which they are paid and for the withdrawal of
the accumulations.

Service in
Defence Force.

41. (1) A person shall not, by reason of his enrol-
ment or service in any Defence Force or Defence Reserve,
lose or forfeit any interest in a friendly society or branch
which he possesses at the time of his being so enrolled or
serving, or be fined for absence from or non-attendance at
any meeting of the society or branch, if his absence or non-
attendance is occasioned by the discharge of his military duty
as certified by his commanding officer, any rules of the society
or branch to the contrary notwithstanding.

(2) A dispute between any such society or branch and
person by reason of that enrolment or service shall be decided
by a Magistrate.

Investment of 42. (1) The trustees of a society or branch may, with
funds. the consent of the committee or of a majority of the members

present and entitled to vote in general meeting, invest the
funds of the society or branch, or any part thereof, to any
amount in any of the following ways-

(a) In a savings bank; or

LAWS OF ANTIGUA AND BARBUDA

Friendly Societies (CAP. 184 19

(6) In the purchase of land, or in the erection or
alteration of offices or other buildings thereon; or

(c) Upon any other security expressly directed by
the rules of the society or branch, not being personal
security, except as in this Act authorized with respect
to loans; or

(6) In any investment in which trustees are for the
time being by law authorized to invest trust funds.

(2) The rules of a society with branches and of any
branch thereof may provide for the investment of funds of
the society or of that branch by the trustees of any branch,
or by the trustees of the society, and the consent required
for any such investment shall be the consent of the committee,
or of such majority as aforesaid of the society or branch by
whom the funds are invested.

43. (1) A society and, subject to the rules of the Loans to assured
members.

society, a branch may advance to a member of at least one
full year's standing any sum not exceeding one half of the
amount of an assurance on his life, on the written security
of himself and two satisfactory sureties for repayment.

(2) The amount so advanced, with all interest thereon,
may be deducted from the sum assured, without prejudice
in the meantime to the operation of the security.

44. A society may, out of any separate loan fund to Loans separate out loan of
be formed by contributions or deposits of its members, make h,d.
loans to members on their personal security, with or without
sureties, as may be provided by the rules, subject to the
following restrictions-

(a) A loan shall not at any time be made out of
money contributed for the other purposes of the society;

( b ) A member shall not be capable of holding any
interest in the loan fund exceeding four hundred and
eighty dollars;

(c) A society shall not make any loan to a member
on personal security beyond the amount fixed by the
rules, or make any loan which, together with any money

LAWS OF ANTIGUA AND BARBUDA

CAP. 184) Friendly Societies

owing by a member to the society, exceeds one hundred
and twenty dollars;

(4 A society shall not hold at any one time on
deposit from its members any money beyond the amount
fixed by the rules, and the amount so fixed shall not
exceed two-thirds of the total sums owing to the society
by the members who have borrowed from the loan fund.

Holding of land. 45. (1) A society or branch may (if the rules thereof
so provide) hold, purchase, or take on lease in the names
of the trustees of the society or branch any land, and may
sell, exchange, mortgage, lease, or build upon that land (with
power to alter and pull down buildings and again rebuild),
and a purchaser, assignee, mortgagee, or tenant shall not
be bound to enquire as to the authority for any sale,
exchange, mortgage, or lease by the trustees, and the receipt
of the trustees shall be a discharge for all sums of money
arising from or in connection with the sale, exchange,
mortgage, or lease.

(2) A branch of a society need not for the purposes of
this section be separately registered.

(3) Nothing in this section shall authorize a benevolent
society to hold land exceeding one acre in extent.

Vesting of
property.

46. (1) All property belonging to a society shall vest
in the trustees for the time being of the society, for the use
and benefit of the society and the members thereof, and of
all persons claiming through the members according to the
rules of the society.

(2) The property of a branch of a society shall vest
wholly or partly in the trustees for the time being of that
branch or of any other branch of which that branch forms
part (or, if the rules of the society so provide, in the trustees
for the time being of the society), for the use and benefit
either of the members of any such branch and persons
claiming through those members, or of the members of the
society generally, and persons claiming through them,
according to the rules of the society.

LAWS OF ANTIGUA AND BARBUDA

Friendb Societies (CAP. 184 2 1

(3) The trustees shall not be liable to make good any
deficiency in the funds of the society or branch, but shall
be liable only for sums of money actually received by them
respectively on account of the society or branch.

47. Upon the death, resignation, or removal of a Devolution on
death.

trustee of a society or branch, the property vested in that
trustee shall, without conveyance or assignment, and whether
the property is real or personal, vest, as personal estate subject
to the same trusts, in the succeeding trustees of that society
or branch either solely or together with any surviving or
continuing trustees, and, until the appointment of succeeding
trustees, shall so vest in the surviving or continuing trustees
only, or in the executors or administrators of the last surviving
or continuing trustee.

48. In all legal proceedings whatsoever concerning E;+%!:ngs.
any property vested in the trustees of a society or branch,
the property may be stated to be the property of the trustees
in their proper names as trustees for the society or branch
without further description.

49. (1) A receipt under the hands of the trustees of z;$g ;
a society or branch, countersigned by the secretary, for all endorsed.
sums of money secured to the society or branch by any
mortgage or other assurance, being in the form contained
in the Second Schedule, if endorsed upon or annexed to the Second
mortgage or other assurance, shall vacate the mortgage or
assurance and vest the property therein comprised in the
person entitled to the equity of redemption of that property,
without reconveyance or re-surrender.

(2) If the mortgage or other assurance has been noted
by the Registrar of Titles on the duplicate Certificate of Title,
the Registrar shall, on production of the receipt verified by
the oath of any person, cancel the noting of the mortgage
or incumbrance, and he shall file the receipt in the manner
provided by The Title by Registration Act, as his warrant
for making such cancellation.

(3) The Registrar of Titles shall be entitled for making
such a cancellation, to a fee of sixty cents to be applied in
like manner as other fees taken by the Registrar of Titles
in his office.

LAWS OF ANTIGUA AND BARBUDA

CAP. 184) Friendly Societies

Security by
officers.

50. Every officer of a society or branch having receipt
or charge of money shall, before taking upon himself the
execution of his office, become bound with one sufficient
surety at the least in a bond in the form contained in the
Second Schedule, or give the security of a guarantee society,
in such sum as the society or branch directs, conditioned
for his rendering a just and true account of all sums of money
received and paid by him on account of the society or branch
at such times as its rules appoint, or as the society or branch
or the trustees or committee thereof require him to do, and
for the payment by him of all sums due from him to the
society or branch.

Accounts of 5 1. (1) Every officer of a society or branch having
officers.

receipt or charge of money shall, at such times as by the
rules of the society or branch he should render account, or
upon demand made, or notice in writing given or left at his
last or usual place of residence, give in his account as may
be required by the society or branch, or by the trustees or
committee thereof, to be examined and allowed or disallowed
by them, and shall on the like demand or notice, pay over
all sums of money and deliver all property in his hands, or
custody to such person as the society or branch, or the
committee or the trustees, appoint.

(2) In case of any neglect or refusal to deliver the
account, or to pay over the sums of money or to deliver the
property in manner aforesaid, the trustees or authorized
officers of the society or branch may sue upon the bond or
security before mentioned, or may apply to a Magistrate,
who may order the delivery of such account or property or
the payment over of such sums of money with costs, and,
in default of such delivery or payment, the person making
such default may be sentenced to imprisonment, with or
without hard labour, for any term not exceeding three
months; and the order of such Magistrate shall be final and
conclusive.

LAWS OF ANTIGUA AND BARBUDA

Friendly Societies (CAP. 184 2 3

52. ( 1 ) A member of a society (other than a Member may
dispose of sums benevolent society or working-men's club) or branch thereof, payable on his

not being under the age of sixteen years, may, by writing zn! ;on .
under his hand delivered at or sent to the registered office
of the society or branch, or made in a book kept at that office,
nominate a person to whom any sum of money payable by
the society or branch on the death of that member, not
exceeding two hundred and forty dollars shall be paid at his
decease.

(2) The sum of money payable by the society or branch
on the death of a member shall include sums of money
contributed to or deposited in the separate loan acccount
and the sums of money accumulated for the use of the
member under the provisions of this Act with interest thereon.

(3) The person so nominated must not be an officer
or servant of the society or branch, unless that officer or
servant is the husband, wife, father, mother, child, brother,
sister, nephew, or niece of the nominator.

(4) A nomination so made may be revoked and varied
by any similar document under the hand of the nominator,
delivered, sent, or made as aforesaid.

(5) The marriage of a member of a society or branch
shall operate as a revocation of any nomination theretofore
made by that member under this section:

Provided that this subsection shall not apply to a clinical
marriage.

(6) A nomination or a variation or revocation of a
nomination by writing under the hand of a member of a
branch and delivered at or sent to the registered office of
that branch, or made in a book kept at that office, shall be
effectual notwithstanding that the money to which the
nomination relates or some part thereof is not payable by
that branch, but is payable by the society or some other
branch.

LAWS OF ANTIGUA AND BARBUDA

24 CAP. 184) Friendly Societies

Proceedings on
death of a

53. (1) On receiving satisfactory proof of the death
nominator. of a nominator, the society or branch shall pay to the nominee

the amount due to the deceased member, not exceeding the
said sum of two hundred and forty dollars.

(2) The receipt of a nominee over sixteen years of age
for any amount so paid shall be valid.

Intestacy. 54. (1) If any member of a society or branch entitled
from the funds thereof to a sum not exceeding two hundred
and forty dollars, dies intestate and without having made
any nomination thereof then subsisting, the society or branch
may, without letters of administration, distribute the sum
among such persons as appear to a majority of the trustees,
upon such evidence as they may deem satisfactory, to be
entitled by law to receive that sum.

(2) If any such member is illegitimate, the trustees may
pay the sum of money which that member might have
nominated to or among the persons who, in the opinion of
a majority of them, would have been entitled thereto if that
member had been legitimate, or if there are no such persons,
the society or branch shall deal with the money as the Minister
may direct.

Validity of
payments.

Certificates of
death.

55. (1) A payment made by a society or branch,
under the foregoing provisions of this Act with respect to
payments on death generally to the person who at the time
appears to a majority of the trustees to be entitled thereunder,
shall be valid and effectual against any demand made upon
the trustees or the society or branch by any other person,
but the next of kin or lawful representative of the deceased
member shall have remedy for recovery of the money so paid
as aforesaid, against the person who has received that money.

(2) Where the society or branch has paid money to a
nominee in ignorance of a marriage subsequent to the
nomination, the receipt of the nominee shall be a valid
discharge to the society or branch.

56. (1) A society or branch shall not pay any sum
of money upon the death of a member or other person whose
death is or ought to be entered in any register of deaths,

LAWS OF ANTIGUA AND BARBUDA

Friendly Societies (CAP. 184 2 5

except upon the production of a certificate of that death under
the hand of the registrar of deaths or other person having
care of the register of deaths in which that death is or ought
to be entered.

(2) This section shall not apply to deaths at sea, nor
to any death certified by a coroner to be the subject of a
pending inquest.

57. A society or branch shall not insure or pay on the Limitation of
amount payable. death of a child under five years of age any sum of money

which, added to any amount payable on the death of that
child by any other society or branch, exceeds nine dollars
and sixty cents, or on the death of a child under ten years
of age any sum of money which, added to any amount
payable on the death of that child by any other society or
branch, exceeds fourteen dollars and forty cents.

58. A society or branch shall not pay any sum on Person to whom
payment may be

the death of a child under ten years of age except to the made.
parent of the child, or to the personal representative of the
parent, and upon the production by the parent or his personal
representative of a certificate of death issued by the registrar
of deaths, or other person having the care of the register
of deaths, containing the particulars mentioned in this Act.

59. (1) Where application is made for a certificate Particulars of
certificates.

of the death of a child for the purpose of obtaining a sum
of money from a society or branch, the name of the society
or branch, and the sum sought to be obtained therefrom,
shall be stated to the registrar of deaths.

(2) The registrar of deaths shall write on or at the foot
of the certificate the words "to be produced to the

society or branch (naming the same) said to
be liable for payment of the sum of $ (stating the
same). ' '

(3) All certificates of the same death shall be numbered
in consecutive order.

LAWS OF ANTIGUA AND BARBUDA

CAP. 184) Friendly Societies

(4) A fee not exceeding twenty-four cents shall be
charged by the registrar of deaths for each such certificate.

Cases in which
certificates may

60. (1) A registrar of deaths shall not give any one
be given. or more certificates of death for the payment in the whole

of any sum of money exceeding four dollars and eighty cents
on the death of a child under five years, or for the payment
in the whole of a sum exceeding nine dollars and sixty cents
on the death of a child under ten years.

(2) A registrar of deaths shall not grant any such
certificate unless the cause of death has been previously
entered in the register of deaths on the certificate of a coroner
or of a medical officer who attended the deceased child during
its last illness, or except upon the production of a certificate
of the probable cause of death under the hand of a medical
officer, or of other satisfactory evidence thereof.

Enquiries by . 61. A society or branch to which is produced a
societies.

certificate of the death of a child which does not purport
to be the first shall, before paying any money thereon, enquire
whether any and what sums of money have been paid on
the same death by any other society or branch.

Saving as to
insurable

62. Nothing in this Act respecting payments on the
interest, etc. death of children shall apply to insurances on the lives of

children of any age, where the person insuring has an
insurable interest in the life of the person insured.

Decision of
disputes.

63. (1) Every dispute between-
(a) a member or person claiming through a

member or under the rules of a society or branch, and
the society or branch or an officer thereof; or

( b ) any person aggrieved who has ceased to be a
member of a society or branch, or any person claiming
through such person aggrieved, and the society or branch
or an officer thereof; or

(c) any branch of any society or branch and the
society or branch of which it is a branch; or

LAWS OF ANTIGUA AND BARBUDA

Friendly Societies (CAP. 184

(d) an officer of any such branch and the society
or branch of which that branch is a branch; or

(e) any two or more branches of any society or
branch, or any officers thereof respectively,

shall, subject to the express provisions of this section be
decided in manner directed by the rules of the society or
branch, and the decision so given shall be binding and
conclusive on all parties without appeal, and shall not be
removable into any Court of law or restrainable by
injunction; and application for the enforcement thereof may
be made to any Magistrate.

(2) Any party to a dispute in a society or branch may
apply to the Registrar to hear and determine the same, and
the Registrar may, if he thinks fit, and after proper notice
given to the other parties to such dispute, hear and determine
such dispute, and shall have power to order the expenses
of determining the dispute to be paid either out of the funds
of the society or branch, or by such parties to the dispute
as he may think fit, and his determination and order shall
have the same effect and be enforceable in like manner as
a decision made in the manner directed by the rules of the
society or branch.

(3) For the purpose of hearing and determining any
such dispute, the Registrar to whom a dispute is referred
may administer oaths, and may require the attendance of
all parties concerned, and of witnesses, and the production
of all books and documents relating to the matter in question.

(4) Where the rules contain no direction as to disputes,
or where no decision is made on a dispute within forty days
after application to the society or branch for a reference under
its rules, or where the Registrar refuses to hear and determine
a dispute, the member or person aggrieved may apply to
a Magistrate who may hear and determine the matter in
dispute; but in the case of a society with branches the said
forty days shall not begin to run until application has been
made in succession to all the bodies entitled to determine
the dispute under the rules of the society or branch, so
however that no rules shall require a greater delay than three
months between each successive determination.

LAWS OF ANTIGUA AND BARBUDA

CAP. 184) Friendly Societies

(5) Notwithstanding anything contained in the
Arbitration Act, or in any other Act, the Magistrate and
the Registrar or any arbitrator or umpire to whom a dispute
is referred under the rules of a society or branch shall not
be compelled to state a special case on any question of law
arising in the case, but the Magistrate or Registrar may,
at the request of either party, state a case for the opinion
of the High Court, on any question of law, and may also
grant to either party such discovery as to documents, and
otherwise, or such inspection of documents, as might be
granted by the High Court, and the discovery shall be made
on behalf of the society or branch by such officer thereof
as the Court or Registrar may determine.

(6) In this section, the expression "dispute" includes
any dispute arising on the question whether a member or
person aggrieved is entitled to be or to continue to be a
member or to be reinstated as a member, but, save as
aforesaid, in the case of a person who has ceased to be a
member, does not include any dispute other than a dispute
on a question between him and the society or branch or an
officer thereof which arose whilst he was a member, or arises
out of his previous relation as a member to that society or
branch.

CHANGE OF NAME, AMALGAMATION, AND
CONVERSION OF SOCIETIES

Power to change 64. (1) A society may, by special resolution, with the
name.

approval in writing of the Registrar, change its name, and
shall not change its name in any other manner.

(2) Any such change of name shall not affect any right
or obligation of the society, or of any member thereof, and
any pending legal proceedings may be continued by or against
the trustees of the society, or any other officer who may sue
or be sued on behalf of the society, notwithstanding its new
name.

Amalgamation
and transfer of

65. (1) Any two or more societies may, by special
engagements. resolution of both or all such societies, become amalgamated

together as one society, with or without any dissolution or
division of the funds of those societies or either of them.

LAWS OF ANTIGUA AND BARBUDA

Friendly Societies (CAP. 184 29

(2) A society may, by special resolution, transfer its
engagements to any other society which may undertake to
fulfil the engagements of that society.

(3) A special resolution by a friendly society for an
amalgamation or transfer of engagements under this Act shall
not be valid without-

(a) the assent thereto of five-sixths in value of the
members, given either at the meetings at which the
resolution is, according to the provisions of this Act,
passed and confirmed, or at one of them, or, if the
members were not present thereat, in writing; and

(6) the written consent of every person receiving
or entitled to any relief, annuity, or other benefit from
the funds of the society, unless the claim of that person
is first duly satisfied, or adequate provision is made for
satisfying that claim.

(4) O n application of the trustees or committee of a
friendly society desiring to amalgamate or transfer its
engagements, and upon notice of that application being
published in the Gazette, the Registrar, after hearing the
trustees or committee and any other persons whom he
considers entitled to be heard upon the application, may,
with the consent of a Judge, order that any of the assents,
consents, and conditions required by this Act, or by any
regulations made under this Act, be dispensed with, and may
confirm the amalgamation or transfer.

(5) A society consisting wholly of members under
twenty-one years of age, and a society or branch or branches
of a society having members above twenty-one years of age,
may, by resolutions registered in the manner required for
the registration of an amendment of rules, become
amalgamated together as one society or branch, or provide
for distributing among several branches the members of a
society consisting wholly of members under twenty-one years
of age, and the other provisions of this section shall not apply
to that amalgamation.

(6) The value of members shall be ascertained by giving
one vote to every member, and an additional vote for every

LAWS OF ANTIGUA AND BARBUDA

3 0 CAP. 184) FriendCy Societies

five years that he has been a member, but to no one member
more than five votes in the whole.

(7) If any member of a friendly society which has
amalgamated or transferred its engagements, or if any person
claiming any relief, annuity, or other benefit from the funds
thereof, is dissatisfied with the provision made for satisfying
his claim, that member or person may apply to the Magistrate
of the district within which the chief or any other place of
business of the society is situate for relief or other order,
and such Magistrate shall have the same powers in the matter
as in regard to the settlement of disputes under this Act.

Conversion of
society into

66. ( I ) A registered society may, by special
company. resolution, determine to convert itself into a company under

the Companies Act, or to amalgamate with or transfer its
engagements to any such company.

(2) If a special resolution for converting a society into
a company contains the particulars required by the
Companies Act, to be contained in the memorandum of
association of a company, and a copy thereof has been
registered with the Registrar, a copy of that resolution under
the hand of the Registrar shall have the same effect as a
memorandum of association duly signed and attested under
the said Act.

(3) If a society is registered as, or amalgamates with,
or transfers all its engagements to, a company, the registry
of the society under this Act shall thereupon become void,
and shall be cancelled by the Registrar; but the registration
of a society as a company shall not affect any right or claim
subsisting against that society, or any penalty incurred by
that society; and for the purpose of enforcing any such right,
claim, or penalty, the society may be sued and proceeded
against in the same manner as if it had not become registered
as a company; and every such right or claim, or the liability
to any such penalty, shall have priority, as against the
property of the company, over all other rights or claims
against or liabilities of the company.

Saving for right 67. An amalgamation or transfer of engagements in
of creditors.

pursuance of this Act shall not prejudice any right of a creditor
of either or any society party thereto.

LAWS OF ANTIGUA AND BARBUDA

Friendly Societies (CAP. 184 3 1

68. For the purposes of this Act, a special resolution of
shall mean a resolution which is- resolution.

(a) passed by a majority of not less than three-
fourths of such members of a society, entitled under the
rules to vote, as may be present in person or by proxy
(where the rules allow proxies) at any general meeting
of which notice specifying the intention to propose that
resolution has been duly given according to the rules;
and

(6) confirmed by a majority of such members,
entitled under the rules to vote, as may be present in
person or by proxy (where the rules allow proxies) at
a subsequent general meeting of which notice has been
duly given, held not less than fourteen days nor more
than one month from the day of the meeting at which
such resolution was first passed.
At any meeting mentioned in this section a declaration

by the chairman that the resolution has been carried shall
be conclusive evidence of the fact.

69. A copy of every special resolution for any of the Regi:tration of
spec~al

purposes mentioned in this Act, signed by the chairman of ,e,o~,t~ons.
the meeting and countersigned by the secretary, shall be sent
to the Registrar's office and registered by him, and until
that copy is so registered the special resolution shall not take
effect.

70. (1) The Registrar may, if he thinks fit, appoint Inspection of
books.

a qualified person to inspect the books of a society and to
report thereon at the costs and charges of the society.

(2) In case any member of a society applies to the
Registrar to direct an inspection of the books of such society,
the Registrar may, in his absolute discretion, make it a
condition of granting the application that such member
deposit such sum as will be, in the opinion of the Registrar,
sufficient to cover the costs and charges of such inspection.

LAWS OF ANTIGUA AND BARBUDA

3 2 CAP. 184) Friendly Societies

(3) The Registrar may, after the inspection is over and
in his absolute discretion, either return such sum to the
member or cause to be repaid to the society the costs to which
it has been put in and over such inspection out of such sum;
the balance, if any, being returned to the member so
depositing as aforesaid.

(4) A person appointed under this section shall have
power to make copies of any book of the society, and to take
extracts therefrom, at all reasonable hours, at the registered
office of the society or at any place where the books are kept.

(5) Any person, whether connected with the society or
not, who hinders, obstructs, or molests any person appointed
by the Registrar to inspect the books of such society shall
be liable to a penalty not exceeding five hundred dollars,
or to imprisonment with or without hard labour, for any
term not exceeding one month, or to both.

Cancelling and
suspension of

71. (1) The Registrar may-
(a) if he thinks fit, at the request of a society, to

be evidenced in such manner as he may direct; or

( b ) with the approval of a Judge of the High Court,
on proof to his satisfaction that an acknowledgement
of registry has been obtained by fraud or mistake, or
that a society exists for an illegal purpose, or has wilfully
and after notice from the Registrar violated any of the
provisions of this Act, or has ceased to exist,

by writing under his hand, cancel the registry of a society.

(2) The Registrar, in any case in which he might, with
the approval of a Judge, cancel the registry of a society, may,
by writing under his hand, suspend the registry for any term
not exceeding three months, and may, with the approval
of a Judge, renew the suspension for the like period.

(3) Unless the Registrar has given to a society not less
than two months' previous notice in writing, specifying briefly
the ground of any proposed cancelling or suspension, the
registry of the society shall not be cancelled (except at its
request) or suspended.

LAWS OF ANTIGUA AND BARBUDA

Friendly Societies (CAP. 184 3 3

(4) Where the registry of a society has been cancelled
or suspended, notice thereof shall forthwith be published in
the Gazette.

(5) Where the registry of a society has been suspended
or cancelled, the society shall, from the time of the suspension
or cancelling (but if suspended, only while the suspension
lasts, and subject also to the right of appeal given by this
section), absolutely cease to enjoy as such the privileges of
a society, but without prejudice to any liability actually
incurred by the society, and any such liability may be
enforced against the society as if the suspension or cancelling
had not taken place.

(6) A society may appeal from the cancelling of its
registry, or from any suspension thereof which is renewed
after six months, to a Judge of the High Court.

72. (1) Subject to the provisions of this Act as to the ::,":lion
dissolution of societies with branches, a societv or branch
may terminate or be dissolved in any of the following ways-

(a) Upon the happening of any event declared by
the rules to be the termination of the society or branch;
or

( 6 ) As respect societies or branches other than
friendly societies or branches, by the consent of three-
fourths of the members, testified by their signatures to
the instrument of dissolution; or

(c) As respects friendly societies or branches, by
the consent of five-sixths in value of the members
(including honorary members, if any), testified by their
signatures to the instrument of dissolution, and also by
the written consent of every person receiving or entitled
to receive any relief, annuity, or other benefit from the
funds of the society or branch, unless the claim of that
person is first duly satisfied, or adequate provision made
for satisfying that claim, and, in the case of a branch,
with the consent of the central body of the society, or
in accordance with the general rules of the society; or

(4 by the award of the Registrar in the cases
specified in this Act.

LAWS OF ANTIGUA AND BARBUDA

34 CAP. 184) Friendly Societies

(2) The provisions of this Act as to the method of
calculating the value of members and the remedy of members
and persons dissatisfied with the provisions made for
satisfying their claims in the case of the amalgamation or
transfer of engagements of a friendly society shall apply to
the dissolution of a friendly society or branch.

Instrument of
dissolution.

73. When a society or branch is terminated by an
instrument of dissolution-

(1) The instrument shall set forth-

(a) the liabilities and assets of the society or branch
in detail; and

( 6 ) the number of members and the nature of their
interests in the society or branch; and

(c) the claims of creditors (if any) and the provision
to be made for their payment; and

(d) the intended appropriation or division of the
funds and property of the society or branch, unless the
appropriation or division is stated in the instrument of
dissolution to be left to the award of the Registrar.

(2) Alterations in the instrument of dissolution may be
made with the like consents as are in this Act required for
the dissolution of a society or branch, testified in the same
manner.

(3) A statutory declaration shall be made by one of the
trustees, or by three members and the secretary of the society
or branch, that the provisions of this Act have been complied
with, and shall be sent to the Registrar with the instrument
of dissolution.

(4) The instrument shall not, in the case of a friendly
society or branch, direct or contain any provision for a
division or appropriation of the funds of the society or branch,
or any part thereof, otherwise than for the purpose of carrying
into effect the objects of the society or branch as declared
in the rules thereof, unless the claim of every member or
person claiming any relief, annuity, or other benefit from
the funds thereof is first duly satisfied, or adequate provisions
are made for satisfying those claims.

LAWS OF ANTIGUA AND BARBUDA

Friendly Societies (CAP. 184 3 5

(5) The instrument of dissolution and all alterations
therein shall be registered in manner in this Act provided
for the registry of amendments of rules, and shall be binding
upon all the members of the society or branch.

(6) The Registrar shall cause a notice of the dissolution
to be published in the Gazette at the expense of the society
or branch, and, unless, within three months from the date
of the Gazette in which the advertisement appears, a member
or other person interested in or having any claim on the funds
of the society or branch commences proceedings to set aside
the dissolution of the society or branch, and the dissolution
is set aside accordingly the society or branch shall be legally
dissolved from the date of that advertisement, and the
requisite consents to the instrument of dissolution shall be
considered to have been duly obtained without proof of the
signatures thereto.

74. (1) Upon the application made in writing under Di~solution by
award.

their hands-

(a ) of one-fifth of the whole number of members
of a society or branch; or

(b) in the case of a society or branch of one
thousand members and not exceeding ten thousand, of
one hundred members,

the Registrar may by himself, or by any actuary or other
person whom the Registrar may appoint in writing under
his,hand, investigate the affairs of the society or branch, but
shall give not less than one month's previous notice in writing
to the society or branch whose affairs are to be investigated.

(2) The application shall-

(a) state that the funds of the society or branch are
insufficient to meet the existing claims thereon, or that
the rates of contribution fixed in the rules of the society
or branch are insufficient to cover the benefits assured;
and

(6) set forth the grounds on which the insuficiency
is alleged; and

( 6 ) request an investigation into the affairs of the
society or branch with a view to the dissolution thereof.

LAWS OF ANTIGUA AND BARBUDA

3 6 CAP. 184) Friendly Societies

(3) If upon the investigation it appears that the funds
of the society or branch are insufficient to meet the existing
claims thereon, or that the rates of contribution fixed in the
rules of the society or branch are insufficient to cover the
benefits assured to be given by the society or branch, the
Registrar may, if he considers it expedient so to do, award
that the society or branch be dissolved, and its affairs wound
up, and shall direct in what manner the assets of the society
or branch shall be divided or appropriated:

Provided that the Registrar may suspend his award for
such period as he may deem necessary to enable the society
or branch to make such alterations and adjustment of
contributions and benefits as will in his judgment prevent
the necessity of the award of dissolution being made.

(4) The Registrar proceeding under this section shall
have all the same powers and authorities enforceable by the
same penalties, as in the case of a dispute referred to him
under this Act.

(5) Every award under this section, whether for
dissolution or distribution of funds, shall be final and
conclusive on the society or branch in respect of which the
award is made, and on all members of the society or branch,
and on all other persons having any claim on the funds of
the society or branch, without appeal, and shall be enforced
in the same manner as a decision on a dispute under this Act.

(6) The expenses of every investigation and award, and
of publishing every notice of dissolution, shall be paid out
of the funds of the society or branch before any other
appropriation thereof is made.

(7) Notice of every award for dissolution shall, within
twenty-one days after the award has been made, be published
by the Registrar in the Gazette; and unless, within three
months from the date on which that advertisement appears,
a member or person interested in or having any claim on
the funds of the society or branch commences proceedings
to set aside the dissolution of the society or branch consequent
upon such award, and the dissolution is set aside accordingly,
the society or branch shall be legally dissolved from the date
of the advertisement, and the requisite consents to the

LAWS OF ANTIGUA AND BARBUDA

Friendly Societies ( C A P . 184 3 7

application to the Registrar shall be considered to have been
duly obtained without proof of the signatures thereto.

75. The provisions of this Act respecting the Dissolution of
societies having dissolution of societies shall not apply to any society having branches.

branches except with the consent of the central body of the
society.

76. (1) Where a person takes any proceeding to set Notice of
proceedings or

aside the dissolution of a society or branch, he shall give order to set aside
notice of the proceeding to the Registrar not less than seven dissolution.
days before the proceeding is commenced.

(2) Where an order is made setting aside the dissolution
of a society or branch, the society or branch shall give notice
of the order to the Registrar within seven days after the order
has been made.

77. It shall be an offence under this Act if- Offences.
(a) a society or branch or an officer or member

thereof fails to give any notice, send any return or
document, do or allow to be done anything, which the
the society, branch, officer, or person is by this Act
required to give, send, do, or allow to be done; or

(6) a society or branch or an officer or member
thereof wilfully neglects or refuses to do any act or to
furnish any information required for the purposes of
this Act by the Registrar or by any other person
authorized under this Act, or does anything forbidden
by this Act; or

(6 ) a society or branch or an officer or member
thereof makes a return or wilfully furnishes information
in any respect false or insufficient; or

(d) an officer or member of a body which, having
been a branch of a society, has wholly seceded or been
expelled from that society, thereafter uses the name of
that society or any name implying that the body is a
branch of that society, or the number by which that
body was designated as such branch; or

LAWS OF ANTIGUA AND BARBUDA

38 CAP. 184) Friendly Societies

(e) where a dispute is referred under this Act to
the Registrar, a person refuses to attend or to produce
any documents, or to give evidence before the Registrar;
or

V) a society or branch, whether registered or
unregistered, pays money on the death of a child under
ten years of age otherwise than is provided by this Act; or

(g) a parent or personal representative of a parent
claiming money on the death of a child produces a
certificate of the death other than is in this Act provided
to the society or branch from which the money is
claimed, or produces a false certificate, or one
fraudulently obtained, or in any way attempts to defeat
the provisions of this Act with respect to payments upon
the death of children.

Bankrupt, etc.,
not to be officer

78. (1) No person who is an undischarged bankrupt
of a societv. or has compounded with his creditors or has made an

arrangement or composition with his creditors under the
Bankruptcy Act, shall be appointed, or if appointed, shall
act as the president, secretary, treasurer, or trustee of a
registered society.

(2) Any person acting in contravention of the provisions
of this section shall be liable to a penalty not exceeding one
thousand dollars.

Medical officer
or druggist not

79. No person holding any other office therein shall
to hold other be, or act as, the medical officer or druggist of any society,
office. and any person contravening the proviscons of this section

shall be liable to a penalty not exceeding one thousand dollars.

Offences by
societies to be

80. Where a society or branch is guilty of an offence
also offences by under this Act, every member of the committee, unless that
officers, etc. member is proved to have been ignorant of or to have

attempted to prevent the commission of the offence, shall
be liable to the same penalty as if he had committed the
offence.

Continuing 81. Every default under this Act constituting an
offences.

offence, if continued, shall constitute a new offence in every
week during which the default continues.

LAWS OF ANTIGUA AND BARBUDA

Friend& Societies (CAP. 184 3 9

82. (1) If any person, with intent to mislead or Punishment of
fraud, false defraud, gives to any other person a copy of any rules, laws, d eclarations and

regulations, or other documents, other than the rules of a misappro-
society or branch, on the pretence that they are the existing priations.
rules of that society or branch, or that there are no other
rules of the society or branch, or gives to any person a copy
of any rules on the pretence that those rules are the rules
of a registered society or branch when the society or branch
is not registered, the person so offending shall be guilty of
an offence under this Act.

(2) If any person obtains possession by false represen-
tation or imposition of any property of a society or branch,
or withholds or misapplies any such property in his
possession, or wilfully applies any part thereof to purposes
other than those expressed or directed in the rules of the
society or branch and authorized by this Act, he shall, on
such complaint as is in this section mentioned, be liable to
a penalty not exceeding one thousand dollars, and costs, and
to be ordered to deliver up all such property, or to repay
all sums of money applied improperly, and in default of such
delivery or repayment, or of the payment of such penalty
and costs as aforesaid, to be imprisoned, with or without
hard labour, for any term not exceeding three months:

Provided that where on such a complaint against a
person for withholding or misapplying property, or applying
it for unauthorized purposes, it is not proved that that person
acted with any fraudulent intent, he shall not be liable to
conviction but may be ordered to deliver up all such property,
or may be ordered to repay any sum of money applied
improperly, with costs, and in default of such delivery or
repayment or of the payment of such costs as aforesaid to
be imprisoned, with or without hard labour for any term
not exceeding three months.

(3) Complaint under this section may be made-

(a) in the case of a society, by the society or any
member authorized by the society, or the trustees or
committee of the society; or

(6) in the case of a branch, by

(i) the branch or any member authorized by the
branch or the trustees or committee thereof; or

LAWS OF ANTIGUA AND BARBUDA

40 CAP. 184) Friendly Societies

(ii) the central body of the society of which the
branch forms part; or

(iii) any member of the society or branch
authorized by the central body; or

(c) in any case, by the Registrar or by any person
authorized in writing by the Registrar.

(4) Nothing in this Act shall prevent any such person
from being proceeded against by way of indictment, if not
previously convicted of the same offence under the provisions
of this Act.

Penalty for
falsification.

83. If any person wilfully makes, orders, or allows
to be made, any entry, erasure in, or omission from a balance
sheet of a society or branch, or a return or document required
to be sent, produced, or delivered, for the purposes of this
Act, with intent to falsify the same, or to evade any of the
provisions of this Act, he shall be liable to a penalty not
exceeding three thousand dollars.

Penalty for
ordinary

84. A society or branch, and an officer or member
offences. of a society or branch, or other person guilty of an offence

under this Act for which a penalty is not expressly provided
shall be liable to a penalty not exceeding one thousand dollars.

Special offences
in the case of

85. If an officer or person aids or abets in the
friendly societies. amalgamation or transfer of engagements or in the dissolution

of a friendly society otherwise than as in this Act provided,
he shall be liable to the penalty imposed by this Act for
offences thereunder, or to be imprisoned with hard labour
for any term not exceeding three months.

Recovery of
penalties.

86. (1) All penalties imposed by this Act or by any
regulations thereunder, or by the rules of a society or branch,
shall be recoverable on summary conviction before a
Magistrate.

(2) Any such penalty shall be recoverable at the suit
of the Registrar or of any person authorized in writing by
the Registrar or of any person aggrieved.

Limitation. 87. In every case where no time is specially limited
for making a complaint for an offence under this Act, such

LAWS OF ANTIGUA AND BARBUDA

Friendly Societies (CAP. 184 41

complaint shall be made within three years from the time
when the matter of such complaint arose, and not after.

88. (1) The trustees of a society or branch, or any Legal
proceedings. other officers authorized by the rules thereof, may bring or

defend, or cause to be brought or defended, any action or
other legal proceeding in any Court whatsoever, touching
or concerning any property, right, or claim of the society
or branch, and may sue and be sued in their proper names,
without other description than the title of their office.

(2) In legal proceedings brought under this Act by a
member, or person claiming through a member, a society
or branch may also be sued in the name, as defendant, of
any officer or person who receives contributions or issues
policies on behalf of the society or branch within the
jurisdiction of the Court in which the legal proceeding is
brought, with the addition of the words "on behalf of the
society or branch" (naming the same).

(3) A legal proceeding shall not abate or be discontinued
by the death, resignation, or removal from office of any officer
or by any act of any such officer after the commencement
of the proceedings.

(4) The summons, writ, process, or other proceeding
to be issued to or against the officer or other person sued
on behalf of a registered society or branch, shall be sufficiently
served by personally serving that officer or other person, or
by leaving a true copy thereof at the registered office of the
society or branch, or at any place of business of the society
or branch within the jurisdiction of the Court in which the
proceeding is brought, or, if that office or place of business
is closed, by posting the copy on the outer door of that office
or place of business.

(5) In all cases where the said summons, writ, process,
or other proceeding is not served by means of such personal
service or by leaving a true copy thereof at the registered
office of the society or branch as aforesaid, a copy thereof
shall be sent in a registered letter addressed to the committee
at the registered office of the society or branch, and posted
at least six days before any further step is taken on the
proceeding.

LAWS OF ANTIGUA AND BARBUDA

CAP. 184) Friendly Societies

Fees.

(6) Where proceedings are taken against a society or
branch for the recovery of any penalty under this Act, the
summons or other process shall be sufficiently served by
leaving a true copy thereof at the registered office of the
society or branch, or at any place of business of the society
or branch, within the jurisdiction of the Court in which the
proceeding is brought, or, if that office or place of business
is closed, by posting the copy on the outer door of that office
or place of business.

(7) Where the person against whom the proceedings are
to be taken is himself a trustee of a society or branch, the
proceedings may be brought by the other trustees or trustee
of the society or branch.

89. A scale of fees to be paid for matters to be
transacted or for the inspection of documents under this Act
may be prescribed by the Minister, and all such fees shall
be paid by means of stamps.

Fees payable to
Registrar of 90. (1) For the purposes of this Act, a certificate of
births and the birth or death of any member of or person insured or
deaths. to be insured with a society or branch shall, on application

being made as in this Act provided, be given under his hand
by the registrar of births or deaths, for a sum not exceeding
twenty-four cents, in place of all fees or payments otherwise
payable in respect thereof.

(2) Whenever application is made at one time to any
such registrar for more certificates than one of the same birth
or death for the purposes of and in the manner prescribed
by this Act, the sum charged for every such certificate other
than the first shall not exceed twelve cents.

Forms. Second
Schedule. 91. (1) The forms to be used for registry shall be those

contained in Part I of the Second Schedule or such other
forms as are prescribed.

(2) The acknowledgement of registry of a branch and
of any amendment of the rules of a branch shall be in the
forms provided in Part I1 of the same Schedule.

LAWS OF ANTIGUA AND BARBUDA

Friendly Societies (CAP. 184 43

(3) Every annual or other return, abstract of valuation
and other document required for the purposes of this Act
shall be made in such form and shall contain such particulars
as the Registrar prescribes.

(4) A receipt under this Act endorsed upon or for the
repayment of a mortgage or other assurance shall be in the
form set forth in Part I11 of the same Schedule, or in any
form specified in the rules of the society or branch or any
schedule thereto.

(5) Applications for certificates of births and deaths
under this Act shall be in such form and under such
regulations as may be approved of by the Minister.

92. The Minister may make regulations respecting Regulations for
registry and procedure under this Act, and the duties and carrying out Act.

functions of the Registrar, and the inspection of documents
kept by the Registrar under this Act, and generally for
carrying this Act into effect.

93. Regulations made under this Act shall not have t;tg:20~tf
any force or effect until they have been approved by regulations.
Parliament, and when so approved by resolution shall have
the same force and effect as if they were contained in and
formed part of this Act.

94. The list mentioned in section 7 (2) and any change bFe;.zf!r;; to
therein communicated by the secretary of a society under appointment.
section 23 shall be signed by the secretary, and when received
by the Registrar shall be entered in the register, each entry
being initialled by the Registrar, and a copy of any such
entry, purporting to be certified under the hand of the
Registrar, shall, without any further proof of the signature
of the Registrar, be prinui facie evidence in all Courts ofjustice
that any person named therein has been duly appointed to
the office or for the purposes therein set forth.

95. Every document purporting to be signed by the z;Lzt;t;f
Registrar, or any inspector, or public auditor or valuer under
this Act, shall, in the absence of any evidence to the contrary,
be received in evidence without proof of the signature.

LAWS OF ANTIGUA AND BARBUDA

44 CAP. 184) Friendly Societies

Application to
existing societies.

96. Subject to the provisions of section 6, this Act
shall apply to societies and branches subsisting at the
commencement of this Act, and the rules of those-societies
and branches shall, so far as they are not contrary to any
express provision of this Act continue in force until altered
or rescinded.

FIRST SCHEDULE S. 7(3)

1. The name and place of office of the society.

2. (a) The whole of the objects for which the society is to
be established;

( b ) The purposes for which the funds thereof shall be
applicable;

(c) The terms of admission of members;

(4 The conditions under which any member may
become entitled to any benefit assured thereby;

(e) The fines and forfeitures to be imposed on any
member; and

V) The consequences of non-payment of any subscription
or fine.

3. The mode of holding meetings and right of voting, and
the manner of making, altering, or rescinding rules.

4. The appointment and removal of a committee of
management (by whatever name), of a treasurer and other officers,
and of trustees, and in the case of a society with branches, the
composition and powers of the central body, and the conditions
under which a branch may secede from the society.

5 . The investment of the funds, the keeping of the accounts,
and the audit of the same once a year at least.

LAWS OF ANTIGUA AND BARBUDA

Friendly Societies (CAP. 184 45

6. Annual returns to the Registrar of the receipts, funds,
effects, and expenditure and numbers of members, of the society.

7. The inspection of the books of the society by every person
having an interest in the funds of the society.

8. The manner in which disputes shall be settled

9. In case of dividing societies, a provision for meeting all
claims upon the society existing at the time of division before any
such division takes place.

~ n d also in the case of friendly and cattle insurance societies-

10. The keeping separate accounts of all moneys received
or paid on account of every particular fund or benefit assured
for which a separate table of contributions payable shall have been
adopted, and the keeping separate accounts of the expenses of
management, and of all contributions on account thereof.

1 . (Except as to cattle insurance societies) a valuation once
at least in every five years of the assets and liabilities of the society,
including the estimated risks and contributions.

12. The voluntary dissolution of the society by consent in
a friendly society of not less than five-sixths in value of the members,
and of every person for the time being entitled to any benefit from
the funds of the society, unless his claim be first satisfied or
adequately provided for; and in a cattle insurance society by consent
of three-fourths in number of the members.

13. The right of one-fifth of the total number of members,
or of one hundred members in the case of a society of one thousand
members and not exceeding ten thousand, to apply to the Registrar
for an investigation of the affairs of the society, or for winding
up the same.

LAWS OF ANTIGUA AND BARBUDA

46 CAP. 184) Friendly Societies

SECOND SCHEDULE Ss. 49, 50, 91

FORMS

PART I

ACKNOWLEDGEMENT OF REGISTRY OF SOCIETY

The Society is registered as a Vriendly society, cattle
insurance society, benevolent sonety, working-men 's dub, or specially authoriz-
ed society] under the Friendly Societies Act, this

day of

Signature of Registrar

The foregoing amendment of the rules of the
Society is registered under the Friendly Societies Act, this day of

Signature of Registrar

The is registered as a branch of the
Society [and of the branch of the

same] under the Friendly Societies Act, this day of

Signature of Registrar

The foregoing amendment of the branch rules of the
is registered under the Friendly Societies Act, this

day of

Signature of Registrar

Know all men by these presents that we, A.B. of
one of the officers of the Society [or of the
Branch of the Society] having its registered office at

, in the Island of , and C. D. of (as
surety on behalf of the said A . B . ) are jointly and severally held
and firmly bound to E. F. of , G.H. of , and
Z.K. of , the trustees of the said Society [or branch],
in the sum of to be paid to the said E.F., G. H., and

LAWS OF ANTIGUA AND BARBUDA

Friendly Societies (CAP. 184 47

I K , as such trustees or their successors, trustees for the time be-
ing, or their certain attorney; for which payment well and truly
to be made we jointly and severally bind ourselves, and each of
us by himself our and each of our heirs, executors, and ad-
ministrators, firmly by these presents.

Dated the day of in the year of our
Lord

Whereas the above bounden A. B. has been duly appointed
to the office of of the Society [or of the

branch of the Society] having its registered
office situate as aforesaid, and he, together with the above bounden
C.D. as his surety, have entered into the above written bond, sub-
ject to the condition hereafter contained:

Now therefore the condition of the above written bond is such,
that if the said A. B. do render a just and true account of all moneys
received and paid by him on account of the said society [or branch] ,
at such times as the rules thereof appoint, and do pay over all
the moneys remaining in his hands, and assign and transfer or
deliver all property (including books and papers) belonging to the
said society [or branch] in his hands or custody to such person
or persons as the said society [or branch], or the trustees or com-
mittee of management thereof, shall appoint, according to the rules
of the said society [or branch], together with the proper and legal
receipts or vouchers for such payments, then the above-written
bond shall be void, otherwise shall remain in full force.

Signed and delivered in the presence of [two witnesses. ]

The trustees of the Society [or the branch
of the Society] hereby acknowledge to have received
all moneys intended to be secured by [state particulars.]

Signed [Signatures of Trustees. ]
Trustees.

Countersigned [Sig.nature of Secretary. ]
Secretary.
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