Friendly Societies
FRIENDLY SOCIETIES ACT
CHAPTER 32:50
LAWS OF TRINIDAD AND TOBAGO
Act
18 of 1950
Amended by
43 of 1950
16 of 1962
29 of 1964
152/1971
28 of 1973
47 of 1980
*20 of 1981
4 of 1983
*18 of 1993
*See Note on page 2
L.R.O.
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–169 ..
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LAWS OF TRINIDAD AND TOBAGO
2 Chap. 32:50 Friendly Societies
Index of Subsidiary Legislation
Page
Friendly Societies Regulations [18 of 1950 (Second Schedule)] … … 143
Note on Act No. 20 of 1981
This Act has been amended by Act No. 20 of 1981, but Act No. 20 of 1981 had not up to the
date of the last revision of this Act been brought into operation.
Note on Act No. 18 of 1993
This Act is exempt from sections 62 and 65 of Act No. 18 of 1993 (See Part I of the Third
Schedule to Act No. 18 of 1993).
Note on Adaptation
Under paragraph 6 of the Second Schedule to the Law Revision Act (Ch. 3:03) the Commission
amended certain references to public officers in this Chapter. The Minister’s approval of the
amendments was signified by LN 52/1980, but no marginal reference is made to this Notice
where any such amendment is made in the text.
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Friendly Societies Chap. 32:50 3
CHAPTER 32:50
FRIENDLY SOCIETIES ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
THE REGISTRAR
3. The Registrar.
4. Annual return by Registrar.
REGISTRATION OF SOCIETIES
5. Societies to which this Act applies.
6. Societies to be registered.
7. Conditions of registration.
8. Name of society.
9. Acknowledgment of registration.
10. Appeals from refusal to register.
11. Registration of amendments of rules.
12. Registration of dividing societies.
13. Registration of insurance societies and of societies assuring annuities.
SOCIETIES WITH BRANCHES
14. Registration of societies with branches.
15. Establishment of new branches.
16. Application of previous provisions to branches.
17. Requisites for registration of branches as societies.
18. Name of seceding or expelled branch.
19. Contributions from one society to another.
CONSEQUENCES OF REGISTRATION
20. Subscriptions not recoverable at law.
21. Registered office.
22. Appointment of trustees.
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ARRANGEMENT OF SECTIONS—Continued
SECTION
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 and other returns.
29. Quinquennial valuation.
30. Copy of last balance sheet.
31. Cattle insurance and other societies.
PRIVILEGES OF REGISTERED SOCIETIES
32. Exemption from stamp and other duties.
33. Priority on death, bankruptcy, etc., of officer.
34. Membership of minors.
35. Subscriptions to Government, hospitals, etc., and towards education,
science and art.
RIGHTS OF MEMBERS
36. Right to supply copies of the rules.
37. Right to supply copies of annual return.
38. Inspection of books by members.
39. Limitation of benefits.
40. Accumulation of surplus of contributions.
41. Service in Armed Forces.
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.
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OFFICERS IN RECEIPT OR CHARGE OF MONEY
50. Security by officers.
51. Accounts of officers.
PAYMENTS ON DEATH GENERALLY
52. Member may dispose of sums payable on his death by nomination.
53. Proceedings on death of a nominator.
54. Payment of funeral expenses and balance of money due to deceased
member in absence of valid nomination.
55. Validity of payments.
56. Certificates of death.
PAYMENTS ON DEATH OF 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 OF NAME, AMALGAMATION AND
CONVERSION OF 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. Conversion of society into branch.
69. Meaning of special resolution.
70. Registration of special resolutions.
INSPECTION: INQUIRY: REMOVAL OF OFFICER:
CANCELLING AND SUSPENSION OF REGISTRATION:
DISSOLUTION
71. Inspection of books.
72. Inspection of society’s premises.
SECTION
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73. Inquiry.
74. Removal of officer.
75. Responsibility of officers and declaration of liability.
76. Cancelling registration.
Suspension of registration.
When society deemed non-existent.
Notice before cancelling and suspension.
Service of process.
Advertisement.
Effect of cancelling and suspension of registration.
Appeal.
Realisation and marshalling of assets.
77. Dissolution of societies.
78. Instrument of dissolution.
79. Dissolution by award.
80. Dissolution of societies having branches.
81. Notice of proceedings or order to set aside dissolution.
OFFENCES, PENALTIES AND LEGAL PROCEEDINGS
82. Offences.
83. Illicit payments.
84. Bankrupt, etc., not to be officer of a society.
85. Limitation of office holders.
86. Offences by societies to be also offences by officers, etc.
87. Continuing offences.
88. Punishment of fraud, false declarations and misappropriations.
89. Penalties for falsification, etc.
90. Mutilation, etc., of books, cards, etc.
91. Offences in connection with elections.
92. Definition of bribery.
93. Definition of treating.
94. Definition of undue influence.
95. Penalty for bribery, treating or undue influence.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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Friendly Societies Chap. 32:50 7
96. Disqualification for bribery, etc.
97. Penalty for ordinary offences.
98. Special offences in the case of friendly societies.
99. Recovery of penalties.
100. Limitation.
101. Legal proceedings.
ADVISORY FRIENDLY SOCIETIES COUNCIL
102. Constitution of Advisory Council.
103. Main purpose of Advisory Council.
104. Powers and duties of Advisory Council.
105. Ancillary purposes.
106. Provision for staff.
GENERAL
107. Exemption from estate and succession duties.
108. Validation of certain dependants funeral benefits.
109. Register of members.
Register of nominees and dependants of members.
110. Fees payable to Registrar of Births and Deaths.
111. Evidence of documents.
112. Books to be kept in English.
113. Bonus.
114. Establishment of Reserve Fund.
115. Forms.
116. Application to existing societies.
117. Disposal of fees.
118. Access to documents.
119. Saving of Registrar from personal liability.
120. Regulations.
121. Validity of forms etc., under Act and Regulations.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
SECTION
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LAWS OF TRINIDAD AND TOBAGO
8 Chap. 32:50 Friendly Societies
1950 Ed.
Ch. 38 No. 2.
18 of 1950.
Commencement.
Short title.
Interpretation.
CHAPTER 32:50
FRIENDLY SOCIETIES ACT
An Act relating to Friendly Societies
[18TH MAY 1950]
1. This Act may be cited as the Friendly Societies Act.
2. In this Act—
“amendment of rule” includes a new rule, and a 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 of officers
appointed by themselves, and bound to contribute to a fund
under the control of a central body;
“child” includes son and daughter whether legitimate or
illegitimate, adopted son and adopted daughter, and stepson
and stepdaughter;
“committee” means the committee of management or other
directing body of a society or branch;
“election” means an election of an officer or officers of a
committee of management or other directing body of a
society or branch, held under the provisions of this Act;
“land” includes any interest in land;
“meeting” includes (where the Rules of a society or branch so
allow) a meeting of delegates appointed by members;
“officer” includes any trustee, treasurer, secretary, or member of
the committee of management of a society 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;
“prescribed person” means a person prescribed by any regulation
made under this Act;
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“property” includes all property whether real or personal
(including books and papers);
“savings bank” means the Post Office Savings Bank and the
savings department of any bank licensed under the
Banking Act;
“signed” in relation to a body corporate, means sealed;
“society” means a society registered under this Act, and includes
societies subsisting at the commencement of this Act to
which the provisions of this Act apply;
“subscription” includes any contribution or dues paid in
accordance with the Rules of a society or branch.
THE REGISTRAR
3. (1) There shall be in the public service a Registrar of
Friendly Societies (in this Act called “the Registrar”).
(2) The Registrar shall be an Attorney-at-law of not less
than five years’ standing.
(3) There may be established and maintained an office
for the Registrar.
(4) There shall be appointed in the public service such
officers as may be required for the purposes of this Act and any of
the powers of the Registrar under this Act may be conferred upon
such officers.
(5) The office of the Registrar shall be open to the public
for the transaction of business from the hour of 9.00 o’clock in the
forenoon until the hour of 3.00 o’clock in the afternoon of every
working day.
(6) The Registrar may—
(a) prepare and cause to be circulated, for the use of
societies, model forms of accounts, balance
sheets, and valuations;
(b) collect from the returns under this Act and from
other sources, and publish and circulate, or
otherwise make known, such information on the
Ch. 79:01.
The Registrar.
[47 of 1980].
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LAWS OF TRINIDAD AND TOBAGO
10 Chap. 32:50 Friendly Societies
subject of the statistics of life and sickness, and
the application thereof to the business of friendly
societies, and such particulars of their returns and
valuations, and such other information useful to
the members of or to persons interested in
societies, as he may think fit; and
(c) cause to be constructed and published tables for
the payment of sums of money on death, in
sickness, or old age, fire insurance, or on any other
contingency forming the subject of an assurance
authorised under this Act which may appear to
be calculable; but the adoption of the tables by a
society shall be optional.
4. The Registrar shall in every year make a return to the
Minister containing, in respect of every society, the particulars set
out in section 26.
REGISTRATION OF SOCIETIES
5. (1) The following societies shall be societies to which
this Act applies:
(a) 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—
(i) 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 means any age
after fifty) or in widowhood, or for the relief
or maintenance of the orphan children of
members during minority;
(ii) 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
Annual return
by Registrar.
Societies to
which this Act
applies.
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husband, wife, child, ward, father, mother,
brother, sister, uncle, aunt, nephew or niece
of a member, or of such other relation of
the member’s family as is wholly or in part
dependent upon the earnings of the member
for the ordinary necessaries of life, or of
the widow of a deceased member. A person
shall be deemed to be the child, father,
mother, brother, sister, uncle, aunt, nephew,
niece or other relation of the member,
notwithstanding that he or she is not a
legitimate relative of the member;
(iii) 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;
(iv) the endowment of members or nominees
of members at any age;
(v) the insurance against fire, to any amount
not exceeding seventy-five dollars, of the
tools or implements of the trade or calling
of the members;
(vi) the insurance against fire, to any amount
not exceeding two hundred and fifty
dollars, of the household furniture, goods
and effects of the members; or
(vii) insuring money to be paid in the event of
the marriage of members.
However, this Act shall not apply to a friendly society which
contracts with any person for the assurance of an annuity exceeding
two hundred and fifty dollars a year, or of a gross sum exceeding
two thousand five hundred dollars;
(b) societies (in this Act called cattle insurance
societies) for the purpose of insurance to any
amount against loss of neat cattle, sheep, lambs,
swine, horses, and other animals by death from
disease or otherwise;
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(c) societies (in this Act called benevolent societies)
for any benevolent or charitable purpose;
(d) societies (in this Act called workingmen’s clubs)
for purposes of social intercourse, mutual
helpfulness, mental and moral improvement, and
rational recreation;
(e) societies (in this Act called specially authorised
societies) for any purpose which the Minister may
authorise as a purpose to which the provisions of
this Act, or such of them as are specified in the
authority, ought to be extended; but where any
provisions of this Act are so specified those
provisions only shall be so extended.
(2) For the purposes of subsection (1)(a)(ii) the
expression “funeral expenses” shall be deemed to include all
incidental and ancillary expenses which the member may incur
in connection with the death and is not restricted to the payment
of the funeral expenses.
6. (1) Every society to which this Act applies shall be
registered under this Act; and 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
(hereinafter referred to as a “permitted person”) to take the
necessary steps for the formation of a society and the society is in
fact registered within six months of the permission being given.
(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 is liable to a fine of twenty
dollars for every day during which the society remains unregistered.
(3) Every permitted person shall while such society is in
process of formation cause to be kept proper books of account
with respect to all subscriptions or fees received and all sums of
money expended by such person and the matters in respect of which
the receipts and expenditure take place and shall immediately prior
Societies to be
registered.
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Friendly Societies Chap. 32:50 13
to the registration of the society or at the end of the period of six
months, whichever occurs sooner, send to the Registrar a true return
signed by him of the receipts and expenditure, funds and effects
collected, received and expended by him while the society was in
process of formation.
(4) If it is shown that proper books of account were not
kept by the permitted person throughout the period of six months
immediately preceding the registration of the society the permitted
person shall unless he shows that he acted honestly or that in the
circumstances in which the affairs of the society in formation were
carried on the default was excusable, be liable on summary
conviction to a fine of one thousand dollars or to imprisonment for
six months.
(5) The Registrar shall on being satisfied that any member
or other person has subscribed to the funds so collected or received
or has an interest therein permit that member or other person to
inspect without payment of any fee the return at the office of the
Registrar during the usual or customary hours of business.
(6) The Registrar may at any time either before or after
the registration of a society order the books, accounts, vouchers,
documents, securities and funds of the society during the period it
was unregistered or in course of formation to be inspected or audited
by some fit and proper person appointed by him; and the permitted
person and every secretary, treasurer, trustee and member of the
committee or other officer of the society shall make available to
the person so appointed all the books, accounts, vouchers,
documents, securities and funds of the society for purposes of
inspection or audit. The Registrar may order the person to be paid
out of the funds of the unregistered society or society in formation
or by Government as he may deem fit, such fee not exceeding
such sum as may be prescribed.
7. (1) A society shall not be registered under this Act unless
it consists of thirty-five persons at least.
(2) For the purpose of registration, there shall be sent to
the Registrar an application to register the society, signed by seven
Conditions of
registration.
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14 Chap. 32:50 Friendly Societies
members and the secretary, and two copies of the rules, together
with a list of the names and addresses of the secretary, the treasurer,
every member of the committee, and every trustee or other officer
intended to be authorised to sue and be sued on behalf of the society
and of other members intending to join the society in order to
constitute a minimum membership of thirty-five.
(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.
(4) Any society or branch registered under this Act the
rules of which do not make adequate provisions in respect of the
several matters mentioned in the First Schedule or required by
regulations made under this Act, shall, upon notice in writing from
the Registrar to that effect, forthwith amend or supplement its rules
by including therein, the necessary provisions required by such
notice to be made.
(5) If the list is signed by the secretary, the treasurer, every
member of the committee, and every trustee and other officer named
therein, it shall on the registration of the society be evidence that
the persons so signing have been duly appointed. The list shall be
open to inspection by any person on payment of a fee of twenty-
five cents in respect of any one registered society, and any such
person shall be entitled to take notes or extracts therefrom.
8. A society shall not be registered under a name identical with
that under which any other existing society 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 complied
with the provisions of this Act as to registration shall issue to that
society an acknowledgment of registration specifying the designation
of the society according to the classification set forth in this Act, and
this acknowledgment shall be conclusive evidence that the society
therein mentioned is duly registered, unless it is proved that the
registration of the society has been suspended or cancelled.
First Schedule.
First Schedule.
Name of society.
Acknowledgment
of registration.
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10. (1) From a refusal to register a society, an appeal shall lie
by the society to a Judge of the High Court sitting in Chambers.
(2) If the refusal to register is overruled on appeal the
Registrar shall give an acknowledgment of registration to the society.
11. (1) An amendment of a rule made by a society shall not
be valid until the amendment has been registered 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 acknowledgment of registration of the
amendment and that acknowledgment 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 workingmen’s
club) shall not be disentitled to registration 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.
13. A society providing for the endowment of a member or
the nominee of a member at any age, or assuring a certain annuity,
shall not be entitled to registration, unless the tables of contributions
for such respective benefits or assurance, certified by some actuary
approved by the Registrar, who has exercised the profession of
actuary for at least five years, are sent to the Registrar with the
application for registration.
SOCIETIES WITH BRANCHES
14. (1) Where a society has branches, the application for
registration shall be accompanied with—
(a) a list of all the branches, and notice of the
place where the registered office of each
branch is situated;
Appeals from
refusal to
register.
Registration of
amendments of
rules.
Registration of
dividing
societies.
Registration of
insurance
societies and of
societies
assuring
annuities.
Registration of
societies with
branches.
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(b) if any branch is to have trustees or officers authorised
to sue and be sued on its behalf, other than the
trustees or officers authorised 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 authorised to sue and be sued;
(c) if the rules of all the branches (in this Act called
branch rules) are or are intended to be identical,
a statement to that effect, and copies of those
rules; and
(d) 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.
15. There shall be sent under the hand of the secretary of a
society to the Registrar—
(a) notice of the establishment of every new branch
of the society;
(b) notice of the place where the registered office of
the branch is situated;
(c) if the branch is to have trustees or officers
authorised to sue and be sued on its behalf, other
than the trustees or officers authorised to sue and
be sued on behalf of the society, a list of the names
of such trustees or officers; and
(d) 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—
(a) the acknowledgment of registration of societies
and amendment of rules;
Establishment of
new branches.
Application of
previous
provisions to
branches.
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(b) appeals from refusals to register societies and
amendments of rules and the result thereof;
(c) the registration of the amendments of rules; and
(d) evidence of registration 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 of a
society shall not be registered as a society except on production
to the Registrar of a certificate, under the hand 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 sitting in Chambers.
18. A body which, having been a branch of a society, has
wholly seceded or been expelled from that society shall 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, and take
part by delegates or otherwise in the government 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.
CONSEQUENCES OF REGISTRATION
20. Save as provided by section 31 the subscription of a person
being or having been a member of a society or branch shall not be
recoverable at law.
Requisites for
registration of
branches as
societies.
Name of
seceding or
expelled branch.
Contributions
from one society
to another.
Subscriptions
not recoverable
at law.
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18 Chap. 32:50 Friendly Societies
21. (1) Every 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.
22. (1) Every society and branch shall have one or more
trustees, who shall be a member or members, as the case may
be, of the society or branch except the rules thereof shall
otherwise permit.
(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.
(3) The society or branch shall within fourteen days of
the appointment 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. However, if the Registrar is not
satisfied that the person appointed as a trustee of a society or branch
is a fit and proper person the appointment shall be of no effect.
(4) The same person shall not hold any other office in a
society or branch of which he is a trustee.
(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.
23. (1) Any change in the names or addresses of the officers
shown on the list mentioned in section 7(2) shall be forthwith
communicated in writing to the Registrar by the secretary of a
society, and any secretary failing to make the communication shall
in the absence of reasonable excuse be guilty of an offence under
this Act.
(2) The Registrar shall keep a book (to be called the
Register of Friendly Societies) in which shall be entered—
(a) the name and address of the registered office of
every society;
Registered
office.
Appointment of
trustees.
Change in list of
officers of
society.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 19
(b) the names and addresses of the officers shown
on the list mentioned in section 7(2) and of all
changes therein.
(3) A copy of any entry in the Register of Friendly
Societies certified under the hand of the Registrar to be a true copy
shall be received in evidence in all Courts of justice in Trinidad
and Tobago without further proof.
24. (1) Every society and branch shall cause contribution
cards in the prescribed form to be issued to members for the purpose
of being filled in, returned, and dealt with in the prescribed manner.
(2) Every member of a society or branch shall, not later
than 31st January in every year, send, deliver up or return to the
secretary of the society or branch his contribution card in respect
of the previous year for the purposes of audit.
25. Every society and branch shall—
(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
(b) 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 31st of January, every
society and branch shall send to the Registrar a return made up to
the preceding 31st December inclusively, showing—
(a) the number of members on its roll provided that
every person who at any time during the year was
a financial member of the society or branch
is included;
(b) the amount of money on deposit in savings banks;
Distribution of
contribution
cards.
Manner of
keeping
accounts.
Return of
members and
investments.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
20 Chap. 32:50 Friendly Societies
(c) the amount of money invested in or on the
securities of any Municipal Corporation or
incorporated Borough of Trinidad and Tobago;
(d) the amount of money invested in or on the security
of the stock, shares or debentures of any bank
incorporated, or of any building society
established and registered, in Trinidad and Tobago
or any Commonwealth country;
(e) the amount of money invested in real and
leasehold securities;
(f) the amount of money invested in shares in any
co-operative undertaking, with limited liability,
the shares of which are held by societies;
(g) the amount of money in the treasurer’s hands
at the close of work on 31st December
aforesaid; and
(h) the amount of money invested in authorised
trustee securities.
27. (1) Every society and branch shall, once at least every
year, at the prescribed time, submit its accounts for audit to the
auditor or auditors appointed under this Act.
(2) Every society and branch shall, subject to
subsection (3), pay the prescribed fees to the auditor or auditors
referred to in subsection (1).
(3) The Minister may contribute such sums to a society
or branch towards the payment of its audit fees as may from time
to time be prescribed.
(4) The auditors shall—
(a) have access to all the books and accounts of a
society or branch;
(b) examine and certify the annual return required to
be made by section 28 with the contribution cards,
register of members, sick relief books, the record
of benefits paid to members, accounts, blotters,
and vouchers relating thereto;
Audit.
[29 of 1964].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 21
(c) fully and correctly answer the questionnaire
addressed to them by the Registrar relating to
the audit of the books and accounts of a society
or branch;
(d) 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 and to the Registrar in what respects they
find it incorrect, unvouched or not in accordance
with law.
(5) For the purposes of carrying out an audit, an auditor
may by writing under his hand require any person to whom this
section applies—
(a) to produce at such time and place as may be fixed
by the Registrar, all books, cash, securities, deeds,
contracts, contribution cards, register of members,
record of benefits paid to members accounts,
vouchers, receipts and such other documents as
he may deem necessary;
(b) to appear in person and to make and sign
declarations in respect of the correctness of any
documents referred to in paragraph (a).
(6) Where a person to whom this section applies neglects
or refuses to comply with the requirements set out in subsection (5),
he is guilty of an offence under this Act; and where such person
knowingly and wilfully makes or signs a declaration referred to in
subsection (5)(b) which is untrue in any material particular, he is
guilty of an offence against section 8 of the Perjury Act.
(7) A person to whom this section applies shall not
conduct an audit of the accounts of a society or branch of which he
is an officer or member.
(8) An auditor shall—
(a) disallow every payment made without due
authority according to law;
(b) surchage every such payment on the person
incurring or authorising it;
Ch. 11:14.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
22 Chap. 32:50 Friendly Societies
(c) charge against any person responsible therefor the
amount of any deficiency or loss caused by the
negligence or misconduct of that person or any
sum that is not brought into account by that
person, and shall in every case certify the amount
due from such person.
(9) The Registrar may order any sum surcharged or
balance certified by an auditor under subsection (8) to be due from
any person to be paid by that person into the office of the Registrar
within a fixed period or periods not exceeding twelve months in
the aggregate.
(10) Where the sums surcharged or balance certified by
an auditor under subsection (8) is paid to the Registrar in accordance
with subsection (9), the Registrar shall pay such sums to the society
or branch thereof.
(11) Notwithstanding the payment of any sum to the
Registrar under subsection (10), proceedings under section 51 may
be taken at any time after the expiration of the period or periods
fixed by the Registrar under subsection (9), and the Court may in
such proceedings take into consideration any payment or payments
made under subsection (10).
(12) An auditor may summon any person to whom this
section applies and may require such person to supply such
information in respect of any transaction of a society or branch
thereof or the management of the affairs thereof as he may consider
necessary for the proper audit of the accounts of any such society
or branch.
(13) A person to whom this section applies shall, when
summoned in accordance with subsection (12), supply the
information referred to in that subsection and if required to do so,
shall produce to the auditor at such time and place as may be fixed
by the Registrar, any cash, security, book, deed, contract,
contribution card, register of members or record of benefits paid
to the account of members.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 23
(14) A person to whom this section applies who fails to
comply with any requirement of the auditor referred to in
subsection (13) is liable on summary conviction to a fine of seven
hundred and fifty dollars or to imprisonment for six months.
(15) An audit carried out under this section includes an
examination of overdue debts and a valuation of the assets and
liabilities of a society or branch thereof.
(16) This section applies to any person who is or has at
any time been—
(a) an officer, agent or servant of a society;
(b) a member of a society or branch, and to such other
person as may in the opinion of the auditor be
able to supply information relating to any
transaction of a society or branch thereof.
(17) In this section “Minister” means the Minister
responsible for Finance.
28. (1) Every society and branch shall, once in every year,
not later than 31st of May, send to 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
(b) be made out to the preceding 31st December
inclusively.
(3) The society or branch shall, together with the annual
return, send a copy of any special report of the auditors.
(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.
(5) Every society and branch shall annually prepare and
send to the Registrar together with the annual return of the society
or branch returns relating to sickness and death benefits and to
Annual and
other returns.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
24 Chap. 32:50 Friendly Societies
maternity, dental, optical and other benefits of the society or branch
in accordance with the prescribed forms made out to the preceding
31st December inclusively.
29. (1) Subject to the provisions of this section the Registrar
shall require every society or branch, not less than once in every
five years, either—
(a) to 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 to send to the
Registrar a report on the condition of the society
or branch; or
(b) to 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 may require.
(2) If the society or branch sends to the Registrar the report
as aforesaid, the report shall—
(a) be signed by the valuer;
(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 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 the return
as aforesaid, the Registrar shall cause the assets and liabilities of
the society or branch to be valued and reported on by some actuary,
and shall send to the society or branch a copy of the report and an
abstract of the results of the valuation.
Quinquennial
valuation.
[4 of 1983].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 25
(4) This section shall not apply to—
(a) a benevolent society, workingmen’s club, cattle
insurance society or branch thereof; or
(b) a specially authorised 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.
(6) If any society fails to comply with any of the
requirements of this section it is guilty of an offence against
this Act.
30. Every society and branch shall keep a copy of the last
annual balance sheet, and of the last quinquennial valuation
together with any special report of the prescribed persons, always
hung up in a conspicuous place of the registered office of the
society or branch.
31. (1) The rules of a cattle insurance society or branch, and
of such specially authorised societies or branches 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 an agreement 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 the
society or branch as aforesaid shall be deemed to be a debt due
from the member to the society or branch, and shall be
recoverable as such in the Petty Civil Court of the district in
which the member resides.
Copy of last
balance sheet.
Cattle insurance
and other
societies.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
26 Chap. 32:50 Friendly Societies
PRIVILEGES OF REGISTERED SOCIETIES
32. (1) Stamp duty shall not be chargeable upon any of 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;
(b) 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 authorised by this Act or by the rules
of a registered society or branch.
(2) Any affidavit or statutory declaration required or
authorised by this Act or by the rules of a registered society or
branch shall not be chargeable with the fifty cents that is required
to be paid by the affixing of stamps thereto.
(3) Customs duty shall not be chargeable for or in respect
of regalia, emblems, medals and other articles of ceremonial wear
or attire relating to societies.
33. (1) In the following cases, namely:
(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
(b) 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
Marshal or other person executing the process, respectively, shall,
Exemption from
stamp and other
duties.
Priority on
death,
bankruptcy, etc.,
of officer.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 27
upon demand in writing of the trustees of the society or branch, or
of any two of them, or of any person authorised 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, the expression “bankruptcy” includes
liquidation of a debtor’s affairs by arrangement.
34. (1) The rules of a society or branch 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 acquitances
necessary to be executed or given under the rules, but shall not
be a member of the committee, or a trustee, secretary, or treasurer
of the society or branch.
(3) The mother of an illegitimate child under sixteen years
of age shall, except there is an order of a Court depriving her of
the custody of the child, exercise, on behalf of the child any powers
in this section expressly or impliedly contained. If the mother is
dead, of unsound mind, in prison, or absent from Trinidad and
Tobago, the putative father of the child may exercise any powers
under this section.
35. (1) A society or branch may subscribe out of its funds to
the Government or to any hospital, infirmary, charitable or
provident institution, any annual or other sum for the purpose of
securing to members of the society or branch and their families
the benefits of Government hospitals or of any other hospital,
infirmary, or other institution, according to its rules.
(2) A society may apply or donate each year from its funds
a sum not exceeding twenty-five cents in respect of every financial
member for the purpose, or towards the promotion or
encouragement, of education, science or art in Trinidad or Tobago.
Membership of
minors.
[28 of 1973].
Subscriptions to
Government,
hospitals, etc.,
and towards
education,
science and art.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
28 Chap. 32:50 Friendly Societies
RIGHTS OF MEMBERS
36. Every society and branch shall deliver to every person on
demand, on payment of a sum not exceeding the cost of printing, a
copy of the Rules of the society or branch.
37. Every society and branch shall supply gratuitously to
every member or person interested in its funds, on his
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 funds of a
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 authorised by a resolution of the society or branch to
do so, have the right to inspect, save as herein otherwise
provided, the loan account of any other member without the
written consent of that member.
39. (1) A member, or person claiming through a member of a
society or branch shall not be entitled to receive more than two
thousand five hundred 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.
Right to supply
copies of the
rules.
[4 of 1983].
Right to supply
copies of annual
return.
Inspection of
books by
members.
Limitation of
benefits.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 29
40. The Rules of a society or branch may provide for
accumulation of 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.
41. (1) A person shall not, by reason of his enrolment or
service as a member of any police, military, naval or air force, lose
or forfeit any interest in a society or branch which he possesses at
the time of his being so enrolled or serving, or be fined or otherwise
penalised 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 police, military, naval or air 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
the Registrar.
PROPERTY, FUNDS AND INVESTMENTS
42. (1) The trustees of a society or branch may, with 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;
(b) in the purchase of freehold land, or leasehold land
having an unexpired residue of not less than
twenty years, or in the erection or alteration of
offices or other buildings thereon;
(c) in or on the securities of any Municipal
Corporation or incorporated borough of Trinidad
and Tobago;
(d) in or on the security of the stock, shares or
debentures of any bank incorporated or building
society established and registered in Trinidad and
Tobago or in any Commonwealth country;
Accumulation of
surplus of
contributions.
Service in
Armed Forces.
Investment of
funds.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
30 Chap. 32:50 Friendly Societies
(e) in or on the security of leaseholds having an
unexpired residue of not less than twenty years;
(f) in any co-operative undertaking with limited
liability provided that such investment is first
approved by the Registrar; or
(g) in any investment in which trustees are for the
time being by law authorised 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 society, a
branch may advance to a member of at least three years’ 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. (1) A society may, out of any separate loan fund to be
formed by contributions or deposits of its members, make 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 one thousand
five hundred 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 owing by a member to the society, exceeds
two-thirds of the amount standing to the credit of
such member;
Loans to assured
members.
Loans out of
separate loan
fund.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 31
(d) 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;
(e) no member who is indebted to a society in respect
of a loan made to him by such society shall be
accepted as surety for another member of the
said society.
(2) The rules shall fix the interest to be charged for loans
which in no case shall exceed twelve per cent a year, and the terms
and conditions offered to contributors and depositors. Interest shall
be payable at such time as the committee shall determine.
(3) Every society shall keep—
(a) a register of all contributors to or depositors in its
loan fund;
(b) a book showing particulars of loans made and
dates on which repayments are made;
(c) a cash book in which all amounts received or paid
for any purpose of the loan fund shall be entered
by the responsible officer; and
(d) proper books of accounts in which shall be posted
all entries from the cash and other books relating
to the loan fund.
(4) Once in every year, not later than 30th of June, a
schedule of all promissory notes and other securities and sums
held by or due to a society from its members as at the preceding
31st December in the operation of a loan fund shall be prepared
and signed by the trustees and lodged with the secretary, and the
same shall be open without charge to every member of the society.
The schedule shall give the date of maturity of every such
promissory note or other security and the accumulations of interest
due thereon as at the preceding 31st December.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
32 Chap. 32:50 Friendly Societies
45. (1) A society or branch may (if the rules thereof so
provide) hold or purchase freehold land, or take on lease land with
an unexpired residue of not less than twenty years, in the names of
the trustees of the society or branch, and may sell, exchange,
mortgage, lease, or build upon that land (with power to alter and
pull down buildings, and again rebuild) provided that no sale of
freehold or leasehold land of a society or branch shall be effected
by the trustees thereof save with the consent of the committee or
of a majority of the members present and entitled to vote in general
meeting; but a purchaser, assignee, mortgagee, or tenant shall not
be bound to enquire as to the authority of 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 authorise a benevolent
society to hold land exceeding one acre in extent.
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.
(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.
Holding of land.
Vesting of
property.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 33
47. Upon the death, resignation, or removal of a 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 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 a society
or branch, countersigned by the secretary, for all 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 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
registered in the registry of deeds in the office of the Registrar
General, the Registrar General shall, on production of the
receipt, verified by oath of any person, enter satisfaction of the
mortgage or charge made by the assurance on the register, and
shall grant a certificate, either upon the mortgage or assurance,
or separately to the like effect.
(3) The certificate shall be received in evidence in all
Courts and proceedings without further proof.
(4) The Registrar General shall be entitled to make the
entry and grant the certificate for a fee of sixty cents, to be
applied in like manner as other fees taken by the Registrar
General in his office.
Devolution on
death.
Description in
legal
proceedings.
Discharge of
mortgages by
receipt
endorsed.
Second
Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
34 Chap. 32:50 Friendly Societies
OFFICERS IN RECEIPT OR CHARGE OF MONEY
50. (1) 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 set forth in Part IV of the Second Schedule or
give the security of a guarantee society or company, 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.
(2) Both the principal and the surety shall make a statutory
declaration testifying to the sufficiency of the security furnished
by the bond.
(3) The bond shall within fourteen days after execution
thereof be forwarded, together with the above-mentioned
declaration, by the society to the Registrar, who shall thereupon
issue his certificate as to the lodgment thereof; and a copy of
the bond certified under the hand of the Registrar shall be
receivable in evidence without further proof of the contents or
the execution thereof.
(4) The committee of management of a society or branch
or the Registrar in their or his absolute discretion and without
assigning any reason for so doing, may require the principal at any
time to verify the sufficiency of the bond so given by him or to
furnish a fresh bond with one sufficient surety at the least.
(5) No two officers of a society or branch shall have the
same surety save in the case of a guarantee society or company
nor shall any officer of a society or branch be or become surety for
another officer of the said society or branch.
51. (1) Every officer of a society or branch having 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,
Security by
officers.
Second
Schedule.
Accounts of
officers.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 35
give in his account as may be required by the society or branch, or
by the trustees or committee thereof, or by the Registrar, to be
examined and allowed or disallowed by them or him, and shall, on
the like demand or notice, pay over all sums of money belonging
to the society or branch and deliver all property belonging to the
society or branch in his possession or under his control to such
person as the society or branch, or the committee, or the trustees,
or the Registrar, may 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 authorised officers of the society
or branch or the Registrar may sue upon the bond or security
mentioned above, or may apply to a Magistrate, who may order
the delivery of the account or property or the payment over of
such sums of money with costs, and in default of the delivery or
payment, the person making the default may be sentenced to
imprisonment for three months.
PAYMENTS ON DEATH GENERALLY
52. (1) A member of a society (other than a benevolent society
or workingmen’s club) or branch thereof, not being under the age
of sixteen years, may, by writing 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 or persons to whom
any sum of money payable by the society or branch on the death
of that member, not exceeding five hundred dollars, shall be paid
at his decease, except that any rule or rules for the payment of any
sum of money by a society or branch on the death of a member
exceeding two hundred and forty dollars shall be subject to the
approval of the Registrar. The signature of every such nominator
shall be witnessed by at least one person of not less than eighteen
years of age.
(2) The sum of money payable by the society or branch
on the death of a member shall include sums of money contributed
or deposited in the separate loan account and the sums of money
accumulated for the use of the member under the provisions of
this Act with interest thereon.
Member may
dispose of sums
payable on his
death by
nomination.
[28 of 1973].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
36 Chap. 32:50 Friendly Societies
(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, uncle, aunt,
nephew, or niece of the nominator.
(4) A nomination so made may be revoked or 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.
(6) A nomination or a variation or revocation of a
nomination by writing or mark 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.
(7) No nomination made by an illiterate person or person
incapable of writing through illness, infirmity or otherwise shall
be deemed to have any validity for any purpose whatsoever unless
the nomination is in writing and executed in manner hereinafter
mentioned, that is to say, it shall be made by a person of the age
of sixteen years or more; the nominator shall make his mark
thereto in the presence of a Justice of the Peace, Attorney-at-law,
medical practitioner, minister of religion or a police officer not
below the rank of corporal, or such functionary may in the
presence of the nominator and by his discretion sign the name of
the nominator thereto on his behalf; and such functionary shall
attest and subscribe the nomination but no form of attestation
shall be necessary. The provisions herein contained shall likewise
apply to every variation or revocation of a nomination by an
illiterate person or a person incapable of writing through illness,
infirmity or otherwise.
53. (1) On the death of a nominator, the society or branch
shall pay to the nominee the amount due to the deceased member,
not exceeding the sum of five hundred dollars.
Proceedings on
death of a
nominator.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 37
(2) The receipt of a nominee over sixteen years of age for
any amount so paid shall be valid.
(3) Where the nominee is unwilling or refuses to be
responsible for the funeral expenses of a deceased member or
has not applied for the moneys payable by the society or branch
on the death of the member within twelve hours after knowledge
of the death of the member has come to the secretary of the society
or branch of which the deceased was a member the secretary
shall be empowered in his discretion to make arrangements for
the funeral of the member and to defray his funeral expenses out
of moneys payable by the society or branch in respect of the
death of the member.
54. (1) If any member of a society or branch entitled from
the funds thereof to a sum not exceeding five hundred dollars, dies
without having made a valid nomination thereof then subsisting,
the secretary may defray thereout the funeral expenses of the
deceased member and in the case of an intestacy the committee
may without letters of administration distribute the balance among
such persons as appear to a majority of the committee, upon such
evidence as they may think satisfactory, to be entitled by law to
receive that sum.
(2) If in the case of an intestacy, any such member is
illegitimate and unmarried the committee may distribute the balance
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.
(3) Where for a period of three months after the death of
a member the committee fail or are unwilling or neglect to exercise
the power of distribution vested in them under the provisions of
this section the moneys payable on the death of the member of the
society shall be paid to the Administrator General to be dealt with
by him according to law.
55. (1) A payment made by a society or branch, under the
foregoing provisions of this Act with respect to payments on,
Payment of
funeral expenses
and balance of
money due to
deceased
member in
absence of valid
nomination.
Validity of
payments.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
38 Chap. 32:50 Friendly Societies
death generally to the person who at the time appears to a majority
of the committee 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.
(3) Where an infant, or other person under disability is
entitled to receive from a society or branch moneys payable on the
death of a member, such moneys shall be paid by the society or
branch to the Administrator General to the credit of the infant, or
other person under disability and the receipt of the Administrator
General shall be a good discharge.
(4) The Administrator General may retain out of the said
moneys for fees of office three per cent thereof and shall pay or
apply the remainder to or for the care, maintenance, education or
benefit of the infant, or such person under disability as he may
think fit.
56. (1) Save as provided in subsection (2) 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, 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) Where the death of such member or other person takes
place in a public institution a certificate of that death under the
hand of the superintendent or other person authorised in that behalf
by the superintendent shall be accepted as proof of death.
(3) 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.
Certificates of
death.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 39
PAYMENTS ON DEATH OF CHILDREN
57. A society or branch shall not insure or pay on the 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 one hundred and twenty dollars, or on the death
of a child of five years of age and over but 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 two
hundred dollars.
58. A society or branch shall not pay any sum on the death of
a child under ten years of age except to the parent or guardian of
the child, or to the personal representative of the parent or guardian,
and upon the production by the parent or guardian 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 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.
(4) A fee not exceeding twenty-five cents shall be charged
by the Registrar of deaths for each such certificate.
60. (1) A Registrar of deaths shall not give any one or more
certificates of death for the payment in the whole of any sum of
money exceeding one hundred and twenty dollars on the death of
a child under five years, or for the payment in the whole of a sum
exceeding two hundred dollars on the death of a child of five years
of age and over, but under ten years.
Limitation of
amount payable.
Person to whom
paymant may be
made.
Particulars of
certificates.
Cases in which
certificates may
be given.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
40 Chap. 32:50 Friendly Societies
(2) A Registrar of deaths shall not grant any such
certificates unless the cause of death has been previously entered
in the register of deaths on the certificate of a Coroner, or of a
member of the Medical Board 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 member of the
Medical Board, or of other satisfactory evidence thereof.
61. A society or branch to which is produced a 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.
62. Nothing in this Act respecting payments on the death of
children shall apply to insurances on the lives of children of any
age, where the person insuring has an interest in the life of the
person insured.
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;
(b) any person aggrieved who has ceased to be a
member of a society or branch, or any person
claiming through the person aggrieved, and the
society or branch or an officer thereof;
(c) any branch of any society or branch and the
society or branch of which it is a branch;
(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
Enquiries by
societies.
Saving as to
insurable
interest, etc.
Decision of
disputes.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 41
without appeal, and shall not be removable into any Court or
restrainable by injunction; and application for the enforcement
thereof may be made to any Magistrate except that the parties to
the dispute may at any time by consent refer the dispute to the
Registrar who shall have power to hear and determine the dispute
as if it were a dispute ab initio before him as herein provided.
(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 the dispute, hear and determine the dispute; but the
Registrar may before proceeding to hear or determine a dispute
make or cause a preliminary investigation to be made into the
dispute with the object of ascertaining the facts and limiting the
issues and of endeavouring to bring about a voluntary settlement
between the parties to the dispute.
(3) For the purpose of hearing and determining any such
dispute the Registrar to whom a dispute is referred or to whom
application is made to hear and determine a dispute may administer
oaths, and may require the attendance of all parties concerned,
and witnesses, and the production of all books, documents and
material objects relating to the matter in question.
(4) The Registrar to whom a dispute is referred or an
application is made to hear and determine a dispute shall have
power to order the expenses of determining the dispute including
fees to legal practitioners to be paid either out of the funds of the
society or branch or by the parties to the dispute as he may in his
absolute discretion think fit.
(5) The decision of the Registrar on any matter or question
in any such dispute shall be binding and conclusive on all parties
without appeal, and shall not be removable into any Court or
restrainable by injunction.
(6) The decision given in respect of every dispute under
this section shall be recorded in the prescribed form or as near
thereto as the circumstances of the case may require, and a copy
thereof duly signed by the Registrar issued to each and every party
to the dispute.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
42 Chap. 32:50 Friendly Societies
(7) Application for the enforcement of the determination
and order contained in any such decision may be made at any time
within two years from the date of the decision to any Magistrate
together with an authenticated copy of the determination and order.
For the purpose of enforcing the decision the Magistrate shall have,
enjoy and exercise in all respects the powers of and attaching to a
County Court in England.
(8) Where no decision is made on a dispute within forty
days after application to the society or branch for a reference under
its rules, the member, officer, person or branch aggrieved may apply
to the Registrar, who shall hear and determine the matter in dispute;
but in the case of a society with branches the forty days shall not
begin to run until the 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.
(9) Notwithstanding anything contained in the Arbitration
Act or in any other Act, any arbitrator or umpire to whom a dispute
is referred under the rules of a society or branch or the Registrar to
whom a dispute is referred or application is made to hear and
determine a dispute under this section shall not be compelled to
state a special case on any question of law arising in the case, but
the Registrar may, if he thinks fit, or, 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 High Court or Registrar may determine.
(10) 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.
Ch. 5:01.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 43
(11) This section shall apply to unregistered societies and
societies in process of formation as it applies to societies as defined
in section 2.
CHANGE OF NAME, AMALGAMATION AND
CONVERSION OF SOCIETIES
64. (1) A society, may, by special resolution, with the 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.
65. (1) Any two or more societies may, by special 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.
(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 three-fourths 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
(b) 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.
Power to change
name.
Amalgamation
and transfer of
engagements.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
44 Chap. 32:50 Friendly Societies
(4) On 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 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 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 Registrar for relief or
other order, and the Registrar shall have the same powers in the
matter as in regard to the settlement of disputes under this Act.
66. (1) A society may, by special 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,
Conversion of
society into
company.
Ch. 81:01.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 45
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 that Act.
(3) If a society is registered as, or amalgamates with, or
transfers all its engagements to, a company, the registration 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.
67. An amalgamation or transfer of engagements in pursuance
of this Act shall not prejudice any right of a creditor of either or
any society party thereto.
68. (1) A society may, by a resolution passed by a majority
of the members or delegates present and entitled to vote at any
general meeting, of which notice specifying the intention to propose
any such resolution has been duly given according to the rules,
determine to become a branch of any other society, and also, if
thought fit, of any branch thereof.
(2) If the rules of the society do not comply with all the
provisions of this Act in respect of the registration of branches, the
meeting at which any such resolution is passed may amend the
rules so as to bring the rules into compliance with this Act.
(3) A copy of the rules of the society marked to show the
amendments, if any, made at the meeting, and two copies of the
resolution and of such amendment of rules, if any, as aforesaid,
each signed by the Chairman of the meeting and by the secretary
of the society so determining to become a branch of another society,
and countersigned by the secretary of that other society, shall be
sent to the Registrar.
Saving for right
of creditors.
Conversion of
society into
branch.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
46 Chap. 32:50 Friendly Societies
(4) If the Registrar finds that the rules, with or without
the amendment as aforesaid, comply with the provisions of this
Act, he shall cancel the registration of the first-mentioned society
and register it as a branch of that other society, and also, if so
specified in the resolution before mentioned, of any branch of
that other society, without further request or notice, and shall
register the amendment of rules without further application or
evidence, and until the registration as aforesaid the resolution
shall not take effect.
(5) An advertisement of any cancelling of registration
under this section shall not be requisite.
(6) The rules of a society which becomes a branch
under this section shall; so far as they are not contrary to any
express provision of this Act, and subject to any such
amendment thereof as aforesaid, continue in force as the rules
of the branch until amended.
69. For the purposes of this Act, a special resolution means a
resolution which is—
(a) passed by a majority of not less than three-fourths
of the 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
(b) confirmed by a majority of the 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 the 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.
Meaning of
special
resolution.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 47
70. A copy of every special resolution for any of the purposes
mentioned in this Act, signed by the Chairman of 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.
INSPECTION: INQUIRY: REMOVAL OF OFFICER:
CANCELLING AND SUSPENSION OF REGISTRATION:
DISSOLUTION
71. (1) The Registrar may in his absolute discretion and
without assigning any reasons for so doing appoint an accountant
to inspect and if necessary to audit the books of a society or branch
at any time and to report to him thereon. A person appointed as an
accountant under this section shall have all the powers, privileges
and authority of an auditor appointed under this Act. The cost of
the inspection and audit shall be borne by the Government.
(2) In case any member of a society applies to the
Registrar to direct an inspection or audit of the books of the society
or branch, the Registrar may, in his absolute discretion, make it a
condition of granting the application that the member deposit such
sum as will be, in the opinion of the Registrar, sufficient to cover
the costs and charges of the inspection or audit.
(3) The Registrar may, after the inspection or audit is
over and in his absolute discretion, either return such sum to the
member or cause to be repaid to the society or branch the costs
to which it has been put in and over the inspection or audit 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 at all
reasonable times have access to all the books, accounts, securities
and documents of the society or branch and any officer or person
in charge, possession, custody or control of the books, accounts,
securities or documents who refuses or neglects to afford the access
is guilty of an offence under this Act. He shall also have power to
make copies of any book of the society or branch, 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.
Registration of
special
resolution.
Inspection of
books.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
48 Chap. 32:50 Friendly Societies
(5) Any person, whether connected with the society or
not, who hinders, obstructs, or molests any person appointed by
the Registrar to inspect or audit the books, accounts, securities
and documents of the society is liable to a fine of two hundred
dollars, and to imprisonment for one month.
72. (1) The Registrar may enter and inspect, or may authorise
any person in writing to enter and inspect, the registered office or
place of meeting of any society or branch, at any reasonable time
by day or night and may examine the condition and affairs of the
society or branch and make such enquiries as are necessary to
ascertain its condition and ability to provide for the payment of
the benefits payable under its rules and whether or not it has
complied with all the provisions of this Act.
(2) The officers and servants of the society or branch shall
produce the books, accounts, vouchers, documents, moneys and
records of the society or branch for the inspection of the Registrar
or person authorised in writing and shall otherwise facilitate the
examination as far as it is in their power but the books, accounts,
vouchers, documents, moneys and records of a society or branch
may be required by the Registrar to be produced at the office of
the Registrar or at such other convenient place as the Registrar
may direct.
(3) Every request, requisition or order made or given by
the Registrar or authorised person under this section shall be carried
into effect within such time as the Registrar shall appoint not
exceeding one month by the society or branch, officer or servant
to whom the same may be directed, and every society or branch,
officer or servant, who in any way disobeys or does not carry into
effect the request, requisition or order is guilty of an offence under
this Act.
73. (1) The Registrar may of his own motion or at the request
of a member or on the application of a creditor of a society or
branch by himself or by a person or persons duly authorised by
him in writing in this behalf, hold an inquiry into the constitution,
working, or financial condition of the society or branch and the
Inspection of
society’s
premises.
Inquiry.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 49
position or standing of any member in the society or branch and
may investigate all claims against the society or branch, its debts
and liabilities.
(2) Nothing herein contained shall prevent the
appointment by the Registrar under this section of an officer or
officers of the society or branch to carry out an inquiry hereunder.
(3) The remuneration of any person or persons authorised
by the Registrar under this section and the other expenses of the
inquiry shall be such as the Registrar shall approve and shall, unless
the Registrar otherwise directs, be borne by the society or branch.
(4) The result of any inquiry under this section shall be
communicated to the society or branch whose affairs have been
investigated and in the case of a creditor to the creditor.
(5) All officers and members of the society or branch
whose affairs are investigated shall furnish such information in
their possession in regard to the affairs of the society or branch as
the Registrar or person authorised by the Registrar may require.
(6) If any person wilfully hinders or delays the Registrar
or any person duly authorised by him under this section in the
exercise of any powers under this section, or fails to comply with
the requisition of the Registrar or the duly authorised person in
pursuance of this section, or to produce any books, accounts,
ledgers, receipts, vouchers, documents or moneys which he is
required to produce, that person shall be deemed to obstruct the
Registrar or the duly authorised person in the execution of his duties
under this section.
(7) Every person who obstructs the Registrar or the duly
authorised person in the execution of his duty under this section is
guilty of an offence against this Act.
(8) For the purpose of holding an inquiry under this
section the Registrar or other authorised person shall have power
to administer oaths and shall be vested with the powers of a
Magistrate for compelling the attendance of witnesses, maintaining
order and otherwise duly conducting the inquiry. Persons
summoned to attend at any such inquiry shall be legally bound so
to attend.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
50 Chap. 32:50 Friendly Societies
74. (1) If at any time it appears to the satisfaction of the
Registrar after due inquiry into the facts the officer or other person
being afforded a full opportunity of being heard that an officer of
a society or branch or a person holding office in a society or branch,
whether elected or otherwise, has been guilty of negligence,
irregularity or misconduct, the officer or person may be removed
from office by order of the Registrar, and the Registrar shall notify
the society or branch concerned and direct that it proceed to the
election of a substitute in the place or stead of the officer or person
removed. In the event, that the society or branch fails to elect an
officer to fill the vacant office within one month of the date of the
direction the Registrar may thereupon appoint a new officer to fill
the vacant office.
(2) Every officer or other person who is removed by order
of the Registrar having the custody of any books, ledgers, vouchers,
registers, bills, documents, moneys or other property or matter
belonging to a society or branch or relating to the business or affairs
of a society or branch shall forthwith deliver up to the Registrar or
to any person authorised by him, the books, ledgers, vouchers,
registers, bills, documents, moneys or other property or matter.
(3) Any officer or other person who fails to deliver up all
or any such books, ledgers, vouchers, registers, bills, documents,
moneys, property or matter, is guilty of an offence against this Act
and on summary conviction before a Magistrate is liable to a fine
of five hundred dollars or to imprisonment for three months.
(4) In every case in which the Registrar removes an officer
of a society or branch or other person from office, he shall, if
required to do so by an order of a Magistrate, transmit forthwith to
the Magistrate any papers, documents, report or other matter upon
which the order of removal was made and if the Magistrate on
perusing and considering the same is of opinion that the officer
ought not to have been removed, he may call upon the Registrar to
show cause why an order should not be made for the reinstatement
of the officer. Any order may command the officer either forthwith
or on the expiration of any given time as may appear to the
Magistrate to be just, to do, execute, or perform any duty or duties
Removal of
officer.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 51
appertaining to or in connection with his office and may order the
payment by the officer of such costs and expenses as the Magistrate
may think fit.
(5) The time in which to perform or fulfil any duty may
be extended on application to a Magistrate, upon such terms and
for such time as the Magistrate in his discretion may think fit.
(6) Every application to a Magistrate by an officer or other
person who has been removed by order of the Registrar shall be
made within thirty days from the day upon which the order of
removal was issued, unless further time is allowed by a Magistrate
upon special circumstances accounting for the delay as may appear
to the Magistrate to be just.
(7) Any officer or other person removed from office by
order of the Registrar under this section shall thereupon cease to
hold office in the society or branch from the date of the order for
the remainder of his then current term of office and shall be
disqualified for being elected and for being an officer of any society
or branch for a period not exceeding five years as the Registrar
shall determine, next after the end of his current term of office.
75. (1) If at any time it appears that the funds or the property
of any society or branch have been wrongfully withheld, misapplied
or applied for unauthorised purposes or that the business of the
society or branch has been carried on with intent to defraud the
society or branch or any member thereof or any other person or
that the conduct of its proceedings or affairs has been carried on
corruptly or perversely, the Court, on the application of the Registrar
or any person authorised by him in writing, may, if it thinks proper
to do so, declare that any of the officers, whether past or present,
of the society or branch who were knowingly parties to the wrongful
withholding, misapplication or unauthorised use of the funds or
property of the society or branch or to the carrying on of the business
of the society or branch in manner aforesaid shall be personally
liable without any limitation of liability for all or any of the debts
or other liabilities of the society or branch as the Court may direct.
However, any person who has not held office in a society or branch
Responsibility
of officers and
declaration of
liability.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
52 Chap. 32:50 Friendly Societies
within a period of six years previous to the time at which any
contravention of the provisions of this subsection as respects the
society or branch has been discovered shall not be called upon to
account under this subsection.
(2) The Court may, on the application of the Registrar, or
any person authorised by him in writing, in the case of any person
in respect of whom a declaration has been made by it under this
section order the person to repay or restore the money or property
or any part thereof respectively with interest at such rate as the
Court thinks just, or to contribute such sum to the funds of the
society by way of compensation in respect of the withholding,
misapplication or unauthorised use as the Court thinks just. Where
an order for the payment of any money is made as aforesaid under
this section the order shall be deemed to be a judgment debt, due
to the society or branch entitled to receive the same from the person
against whom the order was made and the order for the payment
of money or restoration of property may be enforced in the same
manner as a judgment or order of the Court in civil cases may be
enforced. In this section the expression “the Court” in relation to a
declaration or the making of an order as aforesaid means any civil
Court of competent jurisdiction in Trinidad and Tobago.
(3) Where the Court makes any such declaration, it may,
notwithstanding subsection (2) and that such person be then dead,
add such further directions as it thinks proper for the purpose of
giving effect to that declaration, and in particular for making the
liability of any such person under the declaration a charge in priority
to all other claims legal or equitable under any law or any benefits,
moneys, credits, debt or obligation due or to accrue from the society
or branch to the person, or on any share, insurance, mortgage,
charge or interest in, on or upon any of the funds or assets of the
society or branch held by or vested in the person or any society or
person on his behalf or any person claiming as assignee from or
through the society or person, and may from time to time make
such further order as may be necessary for the purpose of enforcing
any charge imposed under this subsection.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 53
(4) For the purpose of subsection (3) the expression
“assignee” includes any person to whom or in whose favour, by
the directions of the said person, the benefits, credits, debt,
obligation, mortgage or charge was created, issued or transferred
or the interest created, but does not include an assignee for valuable
consideration (not including consideration by way of marriage)
given in good faith and without notice of any of the matters on the
ground of which the declaration is made.
(5) The Court may, in the case of any person in respect of
whom a declaration is made under subsection (1), order that that
person shall not, without the leave of the Court, be an officer of or
in any way, whether directly or indirectly, be concerned in or take
part in the management of any society or branch for such period,
not exceeding ten years, from the date of the declaration as may be
specified in the order, and if any person acts in contravention of an
order made under this subsection he is in respect of the offence,
liable on conviction on indictment to imprisonment for two years,
or on summary conviction to a fine of two thousand dollars and to
imprisonment for six months.
(6) This section shall have effect notwithstanding that the
person concerned may be criminally liable in respect of the matters
on the ground of which the declaration is to be made.
76. (1) The Registrar may—
(a) with the approval of the Magistrate assigned to
the magisterial district within which is situated
the registered office or any place of business of a
society (to whom application must be made in
the prescribed form), on proof to his satisfaction
that an acknowledgment of registration 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;
(b) if he thinks fit, at the request of a society to be
evidenced in such manner as he may direct; or
Cancelling
registration.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
54 Chap. 32:50 Friendly Societies
(c) if a society has ceased to exist, by writing under
his hand cancel the registration of a society.
(2) The Registrar in any case in which he might under
subsection (1)(a) and (c) cancel the registration of a society, may,
by writing under his hand, suspend the registration for any term
not exceeding three months, and may, with the approval of the
Magistrate, as aforesaid renew from time to time the suspension
for the like period.
(3) A society shall be deemed to have ceased to exist
when—
(a) no regularly convened meeting of the general
body of the society or of its committee of
management or other governing body has been
held at the times and place appointed by the rules
for holding the same during a continuous period
of six months;
(b) no election of officers of the society has been held
in the manner prescribed by the rules for two
consecutive years;
(c) any prescribed return required to be submitted to
the Registrar has not been so submitted in respect
of two consecutive years;
(d) it has been reported to the Registrar by the
prescribed persons referred to in section 27, or
by the accountant appointed by the Registrar
under section 71, or the Registrar is satisfied from
a report so submitted to him by any of the
prescribed persons or the accountant, or as a result
of any inquiry made or held under section 73, that
the society is insolvent or must necessarily
become so and in the Registrar’s opinion no
further business should be transacted; or
(e) the number of the enrolled financial members of
the society is less than twenty.
Suspension of
registration.
When society
deemed non-
existent.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 55
(4) Unless the Registrar has given to a society not less
than one month’s previous notice in writing in the prescribed form
specifying briefly the grounds of any proposed cancelling or
suspension, the registration of the society shall not be cancelled
(except at its request) or suspended.
(5) Service of process under subsection (1)(a) and the
notice in writing referred to in subsection (4) may be given as
follows:
(a) by delivery thereof to any officer of the society
personally; or
(b) by leaving the same at or sending it by prepaid
registered post addressed to the society or to any
officer thereof at the registered office or last
known place of business of the society.
(6) When the registration of a society has been
cancelled or suspended, notice thereof shall forthwith be
published in the Gazette.
(7) When the registration of a society has been cancelled
or suspended, the society shall, from the time of the cancelling or
suspension (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 whether criminal or civil incurred by the
society; any such criminal liability may be enforced against the
society as if the cancelling or suspension had not taken place; and
any such civil liability may be enforced—
(a) after the cancelling, in the manner provided in
subsection (9), and
(b) after the suspension, as if the suspension had not
taken place.
(8) A society may within thirty days from the date of the
Gazette in which the advertisement appears appeal from the
cancelling of its registration or from any suspension or renewal of
suspension thereof to a Judge of the High Court sitting in Chambers.
Notice before
cancelling and
suspension.
Service of
process.
Advertisement.
Effect of
cancelling and
suspension of
registration.
Appeal.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
56 Chap. 32:50 Friendly Societies
(9) Upon the cancelling of the registration of a society
with realisable property—
(a) every officer having receipt or charge of money
or other personal property of the society shall
forthwith deliver the same to the Registrar or his
nominee who shall realise by sale all such other
personal property; such money and proceeds of
sale shall be applied by the Registrar in the
manner provided by paragraph (d);
(b) the committee of management or other managing
body of the society shall forthwith deliver to the
Registrar full particulars of all claims outstanding
against the society, of all securities and of all
property of whatever tenure held by the society
and the State grants or other muniments of title
or copies of the muniments of title in the
possession of the trustee or other member or
members of the committee of management or of
such managing body; the Registrar shall have
power to dispose of the property by sale and in
the case of mortgage securities to exercise the
power of sale or of seizure which, but for the
cancelling of the registration of the society, would
otherwise be exercisable by the society or its
trustees and to execute in favour of the purchaser
a deed of conveyance, memorandum of transfer,
assignment or other appropriate instrument for
vesting title in the purchaser; the purchase money
shall be deposited with the Registrar or his
nominee to be applied by the Registrar in the
manner provided by paragraph (d). The Registrar
shall also have power to sue in his own name in
any Court of competent jurisdiction for the
recovery of any sums due to the society;
(c) the Registrar shall upon realisation of all the
available property of the society publish an
advertisement in the prescribed form in a local
Realisation and
marshalling of
assets.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 57
newspaper once in each week for a period of two
weeks requiring creditors of the society to submit
their claims to him; such claims shall be in detail
and be verified by affidavit to the satisfaction of
the Registrar;
(d) upon the expiration of twenty-one days from the
date of the first publication of the advertisement,
the Registrar shall apply the moneys in hand in
the manner and in the following order:
(i) in payment of the prescribed fees and of
all expenses of and incidental to the
realisation of the property;
(ii) in payment of all local rates and all assessed
taxes, land tax, house tax, and all other
taxes or sums whatsoever assessed on the
society;
(iii) in settlement of the amount due for not
more than six months’ house or land rent;
(iv) in satisfaction of all claims submitted by
members of the Medical Board, dentists,
opticians, druggists, and undertakers;
(v) in payment to financial members of sick
relief, death benefits or other benefits
assured by the society for which claims
have been submitted;
(vi) in satisfaction of claims submitted for
salaries or other remuneration payable to
officers of the society;
(vii) in satisfaction of all other demands not
being in the nature of unliquidated
damages;
(viii) any balance in the hands of the Registrar
may, whether wholly or in part, be applied
by him in distribution among such of the
members of the society as the Registrar
shall in his discretion determine, and the
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
58 Chap. 32:50 Friendly Societies
rest, if any, of such moneys shall be the
property of the State and shall be deposited
into the Treasury in the prescribed manner;
(e) the decision of the Registrar in relation to the
marshalling and distribution of the assets of the
society shall be binding and conclusive on all
parties without appeal.
77. (1) Subject to the provisions of this Act as to the
dissolution of societies with branches, a society 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;
(b) as respects 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;
(c) as respects friendly societies or branches, by the
consent of three-fourths 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
(d) by the award of the Registrar in the cases specified
in this Act.
(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.
Dissolution of
societies.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 59
78. When a society or branch is terminated by an instrument
of dissolution—
(a) the instrument shall set forth—
(i) the liabilities and assets of the society or
branch in detail;
(ii) the number of members and the nature of
their interests in the society or branch;
(iii) the claims of creditors, if any, and the
provision to be made for their payment; and
(iv) 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;
(b) 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;
(c) 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;
(d) 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;
Instrument of
dissolution.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
60 Chap. 32:50 Friendly Societies
(e) the instrument of dissolution and all alterations
therein shall be registered in manner in this Act
provided for the registration of amendments of
rules, and shall be binding upon all the members
of the society or branch;
(f) 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.
79. (1) Upon the application made in writing under their
hands—
(a) of one-fifth of the whole number of members of
a society or branch;
(b) in the case of a society or branch of one thousand
members and not exceeding ten thousand, of one
hundred members; or
(c) in the case of a society or branch of more than
ten thousand members, of five hundred members,
the Registrar may by himself, or by any actuary or auditor 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.
Dissolution by
award.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 61
(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;
(b) set forth the grounds on which the insufficiency
is alleged; and
(c) request an investigation into the affairs of the
society or branch with a view to the dissolution
thereof.
(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 to do so, 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. However, 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 of
a dispute under this Act.
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(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 the 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 application to the Registrar shall be considered to
have been duly obtained without proof of the signatures thereto.
80. The provisions of this Act respecting the dissolution of
societies shall not apply to any society having branches except
with the consent of the central body of the society.
81. (1) Where a person takes any proceeding to set aside the
dissolution of a society or branch, he shall give notice of the
proceeding to the Registrar not less than seven 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.
OFFENCES, PENALTIES AND LEGAL PROCEEDINGS
82. It is an offence under this Act if—
(a) a society or branch or an officer or member thereof
fails to give any notice, deliver up, return or send
any contribution card, return or document, do or
allow to be done anything, which the society,
branch, officer, or person is by this Act required
to give, deliver up, return, send, do, or allow to
be done;
Dissolution of
societies having
branches.
Notice of
proceedings or
order to set
aside
dissolution.
Offences.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(b) 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
authorised under this Act, or does anything
forbidden under its rules or by this Act;
(c) a society or branch or an officer or member thereof
makes a return or wilfully furnishes information
in any respect false or insufficient;
(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;
(e) where application is made to the Registrar to hear
and determine a dispute or where a dispute is
referred under this Act to the Registrar, a person
refuses to attend or to produce any books,
documents, or things, or to give evidence before
the Registrar;
(f) a society or branch pays money on the death of a
child under ten years of age otherwise than is
provided by this Act;
(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; or
(h) an officer of a society or branch wilfully refuses
to observe or comply with any of the provisions
of the rules of such society or branch relating to
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his duties or functions under such rules or with
any of the provisions of the Regulations made or
deemed to be made under this Act, relating to his
duties or functions under those Regulations.
However, no complaint shall be laid against any
officer under this paragraph except by, or with
the consent in writing of, the Registrar.
83. No officer of a society or branch shall, either in addition
to or in substitution for the remuneration prescribed under this Act
or authorised by the rules of the society, or branch, receive from
any other person any gift, bonus, commission, or benefit, for or in
connection with any benefit paid or any loan made by the society
or branch, and any person paying or accepting any such gift, bonus,
commission, or benefit, is liable, on summary conviction, to a fine
of one thousand dollars, and, in default of payment, to be
imprisoned for six months, and the person accepting any such gift,
bonus, commission, or benefit, shall as and when directed by the
Court by whom he is convicted, pay over to the society or branch
the amount or value of the gift, bonus, commission, or benefit, and
in default of the payment is liable to be imprisoned for six months.
84. (1) No person who is an undischarged bankrupt or has
compounded with his creditors or has made an arrangement or
composition with his creditors under the Bankruptcy Act or the
Deeds of Arrangement Act, shall be appointed, or if appointed,
shall act as the president, vice-president, secretary, assistant
secretary, treasurer, or trustee of a society.
(2) Any person acting in contravention of the provisions
of subsection (1) is liable to a fine of four hundred dollars.
(3) A person shall be disqualified for being elected and
for being an officer of any society or branch if within the previous
ten years he has been convicted of any offence involving dishonesty.
If any person, who, under the provisions of this subsection, is
disqualified for being elected and for being an officer of any society
or branch, or, if elected to be an officer of any society or branch,
has become disqualified to hold such office, acts as an officer of a
Illicit payments.
Bankrupt, etc.,
not to be officer
of a society.
Ch. 9:70.
Ch. 9:71.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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society or branch he is guilty of an offence and he is liable on
summary conviction to a fine of one thousand dollars or to
imprisonment for six months.
85. (1) No person shall hold both the offices of president
and treasurer or secretary and treasurer of the same society or a
branch thereof.
(2) No person shall hold the office of treasurer in more
than one society.
(3) No person holding any other office therein shall be,
or act as, the medical officer, dentist, optician or druggist of
any society.
(4) Any person contravening any of the provisions of this
section is liable to a fine of five hundred dollars.
86. Where a society or branch is guilty of an offence under
this Act, every member of the committee, unless that member is
proved to have been ignorant of or to have attempted to prevent
the commission of the offence, is liable to the same penalty as if
he had committed the offence.
87. Every default under this Act constituting an offence, if
continued, shall constitute a new offence in every week during
which the default continues.
88. (1) If any person, with intent to mislead or defraud, gives
to any other person a copy of any rules, laws, regulations, or other
documents, other than the rules of a society or branch, on the
pretence that they are the existing 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 is guilty of an offence
under this Act.
(2) If any person obtains possession by false
representation or imposition of any property of a society or branch,
or withholds or misapplies any such property in his possession, or
Limitation of
office holders.
Offences by
societies to be
also offences by
officers, etc.
Continuing
offences.
Punishment of
fraud, false
declarations and
misappropriations.
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LAWS OF TRINIDAD AND TOBAGO
66 Chap. 32:50 Friendly Societies
wilfully applies any part thereof to purposes other than those
expressed or directed in the rules of the society or branch and
authorised by this Act, he is on such complaint as is in this section
mentioned, liable to a fine of five hundred 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 the delivery or
repayment, or of the payment of the fine and costs as aforesaid,
to be imprisoned for three months. However, where on a
complaint against a person of withholding or misapplying
property, or applying it for unauthorised 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 the
property or may be ordered to repay any sum of money applied
improperly, with costs, and in default of the delivery or repayment
or of the payment of such costs as aforesaid to be imprisoned for
three months.
(3) Complaint under this section may be made—
(a) in the case of a society, by the society or any
member authorised by the society, or the trustees
or committee of the society;
(b) in the case of a branch, by—
(i) the branch or any member authorised by
the branch or the trustees or committee
thereof;
(ii) the central body of the society of which the
branch forms part; or
(iii) any member of the society or branch
authorised by the central body; or
(c) in any case, by the Registrar or by any person
authorised 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.
(5) In any proceedings instituted under this section
against an officer, member or other person in respect of any sum
surcharged or balance certified by an auditor appointed under
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this Act upon audit of the books and accounts of a society or
branch to be due by the officer, member or other person, the onus
of proving the same to have been due to any accidental or formal
slip, error or omission shall lie upon the officer, member or other
person, as the case may be.
89. (1) If any person wilfully makes, or causes 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 is liable to a
fine of one thousand dollars.
(2) Any officer or other person who makes any material
omission or omits to make any material entry which by this Act or
the Regulations thereunder or by the rules of a society or branch
he is required to make in any cash book, general ledger, blotter,
statement showing receipts and expenditure, balance sheet,
contribution card, members’ register, account, record, return or
other document affecting or relating to the property or affairs of a
society or branch or to the benefits, rights or privileges of a member
thereof shall, unless he proves that he had no intent to defraud, be
guilty of an offence under this Act.
(3) If in any statement showing receipts and expenditure,
balance sheet, return, record, form, account or other document
required for the purposes of this Act any officer wilfully makes a
statement or entry false in any material particular or knowing the
same to be untrue in any material particular, he shall, unless he
proves that he had no intent to defraud, be guilty of an offence
under this Act.
90. If any person conceals, destroys, mutilates, alters or
falsifies any books, papers, securities, contribution cards, receipts,
births and deaths certificates or other documents affecting,
belonging or relating to a society or branch or makes or is privy to
the making of any false or fraudulent entry in any register, book,
contribution card, paper or other document, affecting, belonging
or relating to the property or affairs of a society or branch with
Penalties for
falsification, etc.
Mutilation, etc.,
of books, card,
etc.
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LAWS OF TRINIDAD AND TOBAGO
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intent to defraud or deceive the society or branch or any person he
is liable on summary conviction to a fine of one thousand dollars
or to imprisonment for six months.
91. Any person who for purposes of or in connection with an
election—
(a) fabricates in whole or in part or alters, defaces,
destroys, abstracts or purloins any voting paper;
(b) personates any person entitled to vote at any
election;
(c) falsely assumes to act in the name or on behalf of
any person so entitled to vote;
(d) wilfully obstructs or hinders the enumeration of
those voting or interferes with the delivery or
collection of any voting papers;
(e) delivers any voting paper under a false pretence
of being lawfully authorised to do so; or
(f) not being a financial member of the society or
branch and entitled to vote at any election,
knowingly votes thereat,
is liable on summary conviction to a penalty of one thousand dollars
or to imprisonment for six months.
92. The following persons shall be deemed guilty of bribery
within the meaning of this Act:
(a) every person who, directly or indirectly, by
himself or by any other person on his behalf,
gives, lends, or agrees to give or lend, or offers,
promises, or promises to procure or to endeavour
to procure any money or valuable consideration
to or for any member of a society or branch, or
to or for any person on behalf of any member of
a society or branch, or to or for any other person
in order to induce any member of a society or
branch to vote or refrain from voting at any
election, or corruptly does any such act as
Offences in
connection with
elections.
Definition of
bribery.
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
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aforesaid on account of any member of a society
or branch having voted or refrained from voting
at any election;
(b) every person who, directly or indirectly, by
himself or by any other person on his behalf,
makes any gift , loan, offer, promise,
procurement or agreement to or for any
person, in order to induce such person to
procure, or endeavour to procure, the return
of any person as an elected officer of a
committee, or the vote of any member of a
society or branch at any election;
(c) every person who, before, during, or after any
election, directly or indirectly, by himself or by
any other person in his behalf, receives, agrees,
or contracts for any money, gift, loan or valuable
consideration, office, place, or employment for
himself or for any other person, for voting or
agreeing to vote, or for refraining or agreeing to
refrain from voting at any election.
93. (1) The following persons shall be deemed guilty of
treating within the meaning of this Act:
(a) every person who corruptly, by himself or by any
other person, either before, during, or after an
election, directly or indirectly, gives, or provides
or pays wholly or in part the expense of giving or
providing any food, drink, entertainment, or
provision to or for any person for the purpose of
corruptly influencing that person, or any other
person, to vote or to refrain from voting at the
election, or on account of such person or any other
person having voted or refrained from voting at
the election;
(b) every voter who corruptly accepts or takes any
such food, drink, entertainment, or provision.
Definition of
treating.
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70 Chap. 32:50 Friendly Societies
(2) For the purposes of this section “voter” means any
person who votes at an election of an officer or officers of a
committee of management or other directing body of a society or
branch, held under the provisions of this Act.
94. Every person who, directly or indirectly, by himself or by
any other person on his behalf, makes use of or threatens to make
use of, any force, violence, or restraint, or inflicts or threatens to
inflict, by himself or by any other person, any temporal or spiritual
injury, damage, harm, or loss upon or against any person, in order,
to induce or compel the person to vote or refrain from voting or on
account of such person having voted or refrained from voting at
any election, or who by abduction, duress, or any fraudulent
contrivance, impedes or prevents the free exercise of the vote of
any member, or thereby compels, induces, or prevails upon any
member either to give or refrain from giving his vote at any election,
is guilty of undue influence within the meaning of this Act.
95. Any person who is guilty of bribery, treating or undue
influence, under the provisions of this Act is on summary
conviction liable to a fine of two thousand dollars or to
imprisonment for six months.
96. Every person who is convicted of bribery, treating, or
undue influence, shall (in addition to any other punishment) be
incapable during a period of seven years from the date of
conviction—
(a) of voting at any election of officers;
(b) of being elected an officer of the committee of
management or other directing body of a society
or branch, or if elected before his conviction, of
retaining his seat as such officer.
97. A society or branch, and an officer or member 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 fine
of five hundred dollars.
Definition of
undue influence.
Penalty for
bribery, treating
or undue
influence.
Disqualification
for bribery, etc.
Penalty for
ordinary
offences.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
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98. If an officer or person aids or abets in the amalgamation
or transfer of engagements or in the dissolution of a friendly society
otherwise than as in this Act provided, he is liable to the penalty
imposed by this Act for offences thereunder, or to be imprisoned
for three months.
99. (1) Unless otherwise expressly provided, all offences
under this Act may be prosecuted, and all penalties imposed by
this Act or by any regulations thereunder, or by the rules of a society
or branch, may be recovered in the manner provided by the
Summary Courts Act.
(2) Save as otherwise herein provided any such penalty
shall be recoverable at the suit of the Registrar or of any person
authorised in writing by the Registrar or of any person aggrieved.
100. In every case where no time is specially limited for making
a complaint for an offence under this Act, the complaint shall be
made within four years from the time when the matter of the
complaint arose, and not after.
101. (1) The trustees of a society or branch, or any other
officers authorised by the rules thereof, may bring or defend, or
cause to be brought or defended, any action or other legal
proceedings 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
proceedings is brought, with the addition of the words “on behalf
of the society or branch” (naming the same).
(3) Legal proceedings 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.
Special offences
in the case of
friendly
societies.
Recovery of
penalties.
Ch. 4:20.
Limitation.
Legal
proceedings.
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
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(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 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 fourteen days before any
further step is taken on the proceeding.
(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.
ADVISORY FRIENDLY SOCIETIES COUNCIL
102. (1) There is hereby established an Advisory Friendly
Societies Council (herein referred to as the “Advisory Council”)
to consist of the Registrar as Chairman and eight members to be
appointed by the Minister. The eight members appointed shall be
selected from persons interested in and familiar with matters
pertaining to societies in urban or rural areas.
Constitution of
Advisory
Council.
[16 of 1962].
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
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(2) The Minister shall appoint from among the members
of the Advisory Council a Vice-Chairman who shall hold office
during the Minister’s pleasure. Every meeting of the Advisory
Council shall be presided over by the Chairman. The decisions of
the Advisory Council shall be by a majority of votes.
(3) Every member of the Advisory Council shall, unless
he sooner dies, or sooner resigns his office by notice in writing to
the Registrar, hold office for two years from the date of his
appointment, but shall be eligible for reappointment from time to
time.
In the event of a member dying or sooner resigning his office
the Registrar shall notify the Minister in writing to the effect.
(4) If a vacancy occurs in the Advisory Council the
vacancy shall be filled by the Minister as soon thereafter as is
conveniently possible, but if the vacancy is not filled, the acts of
the remaining members shall not be thereby invalidated so long as
the number of the remaining members does not fall below five.
(5) Decisions of the Advisory Council may be taken at
meetings, or, in the cases in which the Chairman so directs, by
the recording of the opinions of members on papers circulated
among them.
(6) The quorum of the Advisory Council at any meeting
or for the purpose of voting on papers circulated shall be five.
(7) The Advisory Council shall meet not less frequently
than six times a year and whenever the Chairman or at least
five of the members request a meeting. Each member shall be
allowed actual and necessary travelling expenses in accordance
with the Travelling Regulations for public officers from time
to time in force.
(8) The Minister may allow a member of the Advisory
Council to be absent on leave.
(9) The Minister may appoint any person to act in the
place of any member of the Advisory Council in case of such
member’s temporary absence or inability to act.
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(10) Any member of the Advisory Council may at any
time by order of the Minister be removed from office and from
the date of the order the member named therein shall cease to be
a member.
(11) The appointment, removal or resignation of any
member of the Advisory Council shall be notified in the Gazette.
103. The main purpose of the Advisory Council shall be to
promote the general welfare of the people of Trinidad and Tobago
by encouraging the growth, development, improvement and
expansion of societies throughout Trinidad and Tobago.
104. To carry out the objects of section 103 the Advisory
Council shall inter alia—
(a) encourage the development throughout Trinidad
and Tobago of societies with adequate health
services and facilities;
(b) co-operate with departments and other agencies,
associations, organisations, groups, and bodies,
Government or non-Government, public or
private, functioning in the field of or concerned
with social welfare, insurance, labour, nursing,
education, workmen’s compensation, health or
medical care;
(c) collect and analyse statistics and make studies,
investigations, and reports on conditions,
problems and needs in the field of health in
Trinidad and Tobago and in other countries in
relation to societies, and disseminate and make
available information in this field;
(d) make reports and recommendations with respect
to the most efficient policies and methods for the
promotion of health and related services as
respects the members of societies, including
recommendations with respect to legislation and
matters of administrative policy;
Main purpose
of Advisory
Council.
Powers and
duties of
Advisory
Council.
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(e) carry out such specific duties as may be entrusted
to it by this and any subsequent enactment of
Parliament and exercise general supervision over
the agencies transferred to it; and
(f) make such provision for the holding of
conferences, the giving of lectures and talks and
the publication of information on questions relating
to societies as it thinks necessary or desirable, and
may, if it thinks fit, for these purposes make
arrangements with departments, organisations,
associations, groups or other institutions.
105. (1) The Advisory Council shall also advise the Registrar
with reference to questions affecting the general policy,
administration, management and operation of societies, and in
particular with respect to—
(a) the ensuring of prompt and efficient care of
members of societies entitled to benefits;
(b) adequate and suitable methods and
arrangements for paying, supplying or
providing benefits to members;
(c) the ensuring of adequate professional services
to members;
(d) other auxiliary, surgical, medical, dental, optical
and additional benefits designed to benefit or
serve members;
(e) providing for the extension and improvement of
juvenile societies;
(f) studies and surveys of the Friendly Society
Movement from all aspects; and
(g) the medical care and aid of needy or distressed
members of societies.
However, no matter or question which is or is likely to be the
subject of a dispute, inquiry, investigation, special inspection, audit,
or other proceeding, under the provisions of this Act, or of an action,
suit, claim or judicial proceeding, civil or criminal, shall be
investigated or discussed by the Advisory Council.
Ancillary
purposes.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
76 Chap. 32:50 Friendly Societies
(2) The Advisory Council shall exercise no jurisdiction
or control whatsoever over the Registrar or the Office of the
Registrar or over any society, nor shall any decision by the
Advisory Council affect the administration, personnel or
operation of any society.
106. The Advisory Council shall be provided by the Registrar
with such secretarial, clerical or other assistants as Parliament shall
authorise each year for carrying out the objects and functions of
the Advisory Council.
GENERAL
107. (1) Estate and succession duties shall not be assessable
or imposed upon or in respect of moneys payable by a society or
societies and their branches upon the death of a member amounting
in the aggregate to a sum of five hundred dollars or under; and in
ascertaining the property passing on the death of a member of a
society or societies and their branches for the purposes of estate
and succession duties there shall be allowed a deduction up to but
not exceeding the sum of four hundred and eighty dollars in respect
of moneys so payable.
(2) Every society and branch shall at the end of each
quarter make a return on the prescribed form to the Commissioner
of Estate Duties of the names and addresses of its deceased
members in respect of whose death moneys have been paid by the
society or branch during such quarter and of the respective amounts
so paid and of the name and address of the person or persons to
whom the same have been paid.
108. Notwithstanding anything to the contrary contained in any
law relating to friendly societies prior to the coming into operation
of this Act, the insurance of any moneys to be paid for the funeral
expenses of persons other than the husband, wife or child of a
member, or of the widow of a deceased member of any friendly
society and payments made and intended to be made by virtue of
any insurance effected under such Act or law shall be held to be
good and valid in law for all intents and purposes.
Provision for
staff.
Exemption from
estate and
succession
duties.
Validation of
certain
dependents
funeral benefits.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 77
109. Every society or branch shall keep in one or more books a
register of its members and the secretary shall enter fairly and
distinctly therein from time to time the following particulars:
(a) the names and addresses, and the occupations, if
any, of the members and in the case of insurance
and shareholding societies a statement of the
policy or policies or of the share or shares held
by each member, distinguishing each policy or
share by its number, of the amount assured by
each policy or the value and class of each share
and of the amount paid or agreed to be considered
as paid on the policy or share of each member;
(b) the name of each person entered as a member, to
be consecutively numbered;
(c) the date at which each person was admitted as a
member;
(d) the date at which any person ceases to be a
member and the cause or reason therefor;
(e) all payments made from time to time by every
member and the particulars thereof; and
(f) the names and addresses of the nominee or
nominees, if any, and the dependant or
dependants, if any, of every member and in the
case of a dependant or dependants his or their
relationship to every member together with the
date of the nomination of the nominee or
nominees and the date of registration of the
dependant or dependants, and the age or ages of
those dependant or dependants.
110. (1) For the purpose of this Act, a certificate of the birth or
death of any member of or person insured or to be insured with a
society or branch shall, on application being made as provided in
this Act, be given under his hand by the Registrar of Births and
Deaths, for a sum not exceeding twenty-five cents, in place of all
fees or payments otherwise payable in respect thereof.
Register of
members.
Register of
nominees and
dependants of
members.
Fees payable to
Registrar of
Births and
Deaths.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
78 Chap. 32:50 Friendly Societies
(2) Whenever application is made at one time to the
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 fifteen cents.
111. Every document purporting to be signed by the Registrar,
or any inspector, or 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.
112. The business and affairs of societies and their branches
shall be conducted in the English language and all books, forms,
contribution cards, entries, accounts, certificates, or other
documents relating thereto shall be written and kept in the English
language.
113. (1) A society or branch shall if its Rules so provide have
power in general meeting to declare once in every year a bonus
payable in cash to its members.
(2) No bonus shall be payable except out of the excess of
revenue over expenditure for the year in respect of which bonus
shall be declarable of a society or branch and no bonus shall carry
interest against the society or branch.
(3) No bonus shall be declared, except in express
accordance with the Rules of the society or branch and until all the
debts, actual and contingent, of the society or branch have been
paid or provided for, and after setting aside a sum to meet all claims
against the society or branch, and unless a further sum of not less
than 5 per cent of the excess revenue over expenditure is allocated
to the general savings account of the society.
(4) No member of any society or branch is entitled to
bonus unless he has been a member of the society or branch for a
period of not less than fifty-two weeks immediately prior to the
date of the last meeting before the end of the bonus year and shall
also be clear on the books of the society or branch at such time.
Evidence of
documents.
Books to be kept
in English.
Bonus.
[4 of 1983].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 79
114. (1) (a) For the purposes of this section every society or
branch shall establish and maintain a Reserve Fund.
(b) Where a society or branch declares in any year
the payment of a bonus to members in respect of the twelve months
preceding the declaration of bonus, it shall before the declaration
set aside out of the excess of revenue over expenditure for that
period such sum or proportion thereof as the society or branch
may deem expedient being a sum not less than five per cent of the
excess and shall forthwith credit the same to the Reserve Fund.
(c) Where in any year a society or branch does not
declare a bonus it shall out of the excess of revenue over expenditure
in such year credit the Reserve Fund with a sum not less than five
per cent of the excess.
(d) The Reserve Fund shall with the consent of the
Registrar be utilised in expenditure of any extraordinary nature
which may be necessary or desirable in carrying out the objects of
the society. The Reserve Fund shall not be utilised, however, in
paying a bonus or making any payment whatsoever in the nature
of a bonus.
(e) All moneys accruing to the Reserve Fund shall
from time to time be invested by the society or branch in manner
provided by section 42. For the purposes of investment under this
section an investment shall not include the lending out of moneys
to members under the provisions of this Act.
(f) A society or branch may with the express
permission in writing of the Registrar at the end of every five years
calculated from the date on which this Act shall come into effect
or from the date of its registration, whichever is the later, apply
any part of the Reserve Fund not exceeding fifty per cent of the
amount at which the Reserve Fund shall then stand for any of the
objects or purposes defined or established under the rules of the
society or branch save that no portion thereof shall be applied in
paying a bonus or in making any payment whatsoever in the nature
of a bonus.
Establishment of
Reserve Fund.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
80 Chap. 32:50 Friendly Societies
(2) (a) Where the business of a society or branch includes
the issuing of insurance policies or the providing for an endowment
of a member or the nominee of a member at any age or the assuring
of a certain annuity, the society or branch shall in general meeting,
set aside in each year out of its net profits as shown by the annual
return of the society or branch to the preceding 31st December
such sum or proportion thereof, as the society or branch may deem
expedient, not being less than thirty-three and one-third per cent
of its net profits as aforesaid yearly for a period of not less than
three years consecutively immediately following the registration
of the society or branch, and thereafter such sum or proportion
thereof not being less than twenty per cent of its net profits as
aforesaid yearly, to be accumulated as a reserve fund.
(b) The moneys comprised in the Reserve Fund shall
be deposited and kept deposited in an account in a bank approved
by the Registrar in the name or names of the trustee or trustees of
the society or branch and shall be specifically appropriated to
meeting the liabilities of the society or branch in respect of claims
and demands arising under or in connection with the aforesaid
business of the society or branch. However, the Reserve Fund or
part thereof may be invested by the trustee or trustees, as the
case may be, in securities or investments authorised under this
Act and the interest accruing due on all such securities or
investments shall be paid directly to the Reserve Fund and shall
not be applied for any purpose other than those to which the
Reserve Fund is applicable.
(c) Every society or branch transacting such business
as aforesaid shall whenever it is intended to make distribution by
way of bonus cause an investigation to be made into its financial
condition including a valuation of its liabilities by an auditor
approved by the Registrar and shall before making any such
distribution file with the Registrar a report of the auditor approving
or sanctioning the distribution as aforesaid.
(d) The provisions of this subsection shall not apply
to societies existing at the commencement of this Act.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 81
115. (1) The forms to be used for registration shall be those
contained in Part I of the Second Schedule or such other forms as
may be prescribed.
(2) The acknowledgment of registration of a branch and
of any amendment of the rules of a branch shall be in the forms
provided in Part II of the Second Schedule.
(3) Every annual or other return, questionnaire relating
to audit of books and accounts, statements showing receipts and
expenditure and balance sheet, annual return relating to sickness
and death benefits, annual return relating to maternity, dental,
optical and other benefits, abstract or valuation, return in respect
of estate and succession duties, and other document or documents
required for the purposes of this Act shall be made in the forms
respectively set forth in Part III of the Second Schedule or as
near as may be having regard to the circumstances of the case
and shall contain such particulars as the Registrar may from time
to time prescribe.
(4) A receipt under this Act endorsed upon or annexed
to a mortgage or other assurance shall be in the form set forth in
Part V of the Second 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 Registrar General.
116. This Act shall apply to societies and branches subsisting
at the commencement of this Act, as if they had been registered
under 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.
117. All fees received by the Registrar under this Act shall be
paid into the Treasury for the use of the State.
118. The Auditor General, the Comptroller of Accounts and
the Administrator General shall at all times have free access to
documents and records in the office of the Registrar.
Forms.
Second
Schedule.
Second
Schedule.
Second
Schedule.
Second
Schedule.
Application to
existing
societies.
Disposal of fees.
Access to
documents.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
82 Chap. 32:50 Friendly Societies
119. The Registrar shall not in his personal capacity nor shall
any other person acting under the provisions of this Act be liable
to any action, suit or proceeding for or in respect of any act or
matter bona fide done or omitted to be done under this Act.
120. (1) The Minister may make Regulations to carry out the
purposes of this Act. In particular and without prejudice to the
generality of the foregoing power the Regulations may—
(a) prescribe the duties and functions of the Registrar;
(b) prescribe provisions respecting registration and
procedure under this Act;
(c) prescribe the form and particulars of the register
of members of a society or branch, and register
of nominees and dependants of members;
(d) prescribe provisions respecting levies and the
form and particulars of a record to be kept of the
levies made by a society or branch;
(e) prescribe the accounts and books to be kept by a
society or branch and provide for the audit of the
accounts and other matters affecting the same,
and the fees for the audit, and prescribe the duties,
functions, powers and authorities to be assigned
to auditors;
(f) prescribe the duties of the committee of
management respecting the operation of a loan
fund with provision for the due recovery of loans;
(g) prescribe provisions relating to management and
administration, and for a half-yearly inspection
and administration report by every committee of
management;
(h) provide for the payment of, and other matters
affecting, bonus moneys, and prescribe the mode
of recording the payments and the form and
particulars relating thereto; and provide for the
payment of extra remuneration or allowances to
be paid to officers and members in respect of
duties appertaining to or connected with the
payment of bonus moneys;
Saving of
Registrar from
personal
liability.
Regulations.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 83
(i) provide for the safe keeping and recording of
securities held by the trustees of societies and
branches; and prescribe provisions relating to
certificates to be given by trustees at certain times;
(j) provide for the keeping of a rent-roll by a society
or branch owning or holding property, and the
form and particulars thereof;
(k) prescribe a scale of fees to be paid for matters to
be transacted or for the inspection of documents
under this Act, and the fees to be paid in respect
of any act, matter or thing done or required to be
done under the provisions of this Act;
(l) prescribe procedure with respect to voting at
meetings of societies and provisions relating to
meetings generally;
(m) provide for matters incidental to the payment and
collection of contributions and dues by the
members of societies and branches and for the
form, issue, sale, custody, production, and
delivery up of contribution cards and re-issue of
any which have been lost, destroyed, or defaced,
and for the penalties to be imposed for
contravention or non-observance of any
regulations relating thereto;
(n) prescribe the amount of security to be given by
officers having receipt or charge of money and
their sureties and the forms and attestation of
bonds to be given by the officers;
(o) prescribe provisions for the keeping of an annual
account of the anniversary expenses of societies;
(p) prescribe provisions relating to nominations by
members;
(q) prescribe for the keeping of a record of benefits
paid to members and the form and particulars
thereof;
(r) prescribe provisions for the control of the funeral
expenses of members;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
84 Chap. 32:50 Friendly Societies
(s) prescribe provisions for the reduction of benefits
in certain circumstances;
(t) prescribe provisions touching the rights,
privileges and status of pensioners;
(u) prescribe provisions for the examination of
members of societies and branches;
(v) prescribe allowances in respect of vacation and
sick leave to officers and members of the
committee of management and grants to be made
to officers with long service upon retirement;
(w) prescribe the form and particulars of the quarterly
return to be made by every society and branch to
the Commissioner of Estate Duties under
section 107(2);
(x) prescribe provisions relating to inspections and
enquiries under this Act;
(y) prescribe in respect of societies which carry on
or intend to carry on within Trinidad and Tobago
assurance business of any of the following classes:
(i) life assurance business; that is to say, the
issue of, or the undertaking of liability
under, policies of assurance or otherwise
as in their rules provided, upon human
life or the granting of annuities upon
human life;
(ii) fire insurance business; that is to say, the
issue of, or the undertaking of liability
under, policies of insurance or otherwise
as in their rules provided, against loss by
or incidental to fire,
subject as respects any class of assurance business
to the special provisions of this Act relating to
business of that class, regulations relating to—
(iii) a deposit of money or securities to be made
by every such society;
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 85
(iv) the separation of funds and of accounts in
respect of the assurance business or of each
class of assurance business to be carried
on by every such society;
(v) actuarial or other satisfactory reports and
abstracts to be made from time to time;
(vi) amalgamation or transfer;
(z) prescribe penalties not exceeding one hundred and
twenty dollars for breaches of the
Regulations; and
(aa) provide for any matters which are authorised by
this Act to be prescribed;
(bb) provide for the extension of the services and
facilities of General and District hospitals
administering services related to health to the
members of friendly societies and arrangements
under which the same shall be extended;
(cc) prescribe the terms and conditions under which
the members of friendly societies shall be entitled
to medical and surgical care and treatment in
General and District hospitals including specialist
and consultant services, and arrangements under
which friendly societies may subscribe and pay
for the provision of the services;
(dd) provide for co-operation and working agreements
as respects the utilisation of health services and
facilities by and between friendly societies, the
Chief Medical Officer and the Registrar.
(2) Regulations made under this Act shall be subject to
affirmative resolution of Parliament.
(3) The Friendly Societies Regulations (formerly
contained in the Second Schedule to this Act) shall be deemed to
be made under this section and may be amended or revoked under
subsection (1).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
86 Chap. 32:50 Friendly Societies
FIRST SCHEDULE
MATTERS TO BE PROVIDED FOR BY THE RULES OF
SOCIETIES REGISTERED UNDER THIS ACT
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.
(d) The conditions under which any member may become entitled to
any benefit assured thereby, and the contributions payable by each member
which shall not be less than fifteen cents a week; except with the permission of
the Registrar.
(e) The fines and forfeitures to be imposed on any member.
(f) The consequences of non-payment of any subscription, levy
or fine.
(g) The suspension and expulsion of members.
3. The mode of holding meetings and right of voting, and the manner of
making, altering, or rescinding rules.
4. (a) The appointment and removal of a committee of management
(by whatever name), of trustees, of a secretary, a treasurer, and other officers,
if any.
(b) The remuneration (including salary) payable to the members of
the committee of management, to the trustees, to the secretary, the treasurer,
and other officers.
Validity of
forms etc.,
under Act and
Regulations.
Second
Schedule.
Third Schedule.
Section 7.
[4 of 1983].
121. Until amended, varied or revoked in the manner
respectively provided under this Act or Regulations made under
this Act, the forms, returns, records and accounts set out in the
Second Schedule and the fees specified in the Third Schedule shall
be in force and effect.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 87
(c) The remuneration so payable as aforesaid shall not include
exemption from payment of subscriptions, levies or fines payable by members
as prescribed by the Rules, except in the case of trustees who may be exempted
from the payment of subscriptions and levies when they receive no other
remuneration for their services.
(d) Members of the committee of management, the treasurer or other
officer not in receipt of a salary or other remuneration, or trustees not exempt
from payment of subscriptions and/or levies, may each receive as remuneration
for attendance at each meeting (other than a general meeting) such sum as the
Committee of Management may fix.
5. 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.
6. (a) The duties and obligations of officers having receipt or charge of
money of a society or branch and the keeping of the accounts.
(b) The obligation on the part of the secretary to receive all moneys
payable to a society or branch and to issue receipts for, and pay the same to the
treasurer. The treasurer to pay out all moneys payable by the society and obtain
proper receipts or other acquittances for the payment. The treasurer to be held
responsible for all such financial transactions and to account to the committee
of management in the manner prescribed by section 51 of the Act.
7. Annual returns to the Registrar of the receipts, funds, investments,
effects, and expenditure and number of members, of the society.
8. The inspection of the books of the society by every person having an
interest in the funds of the society.
9. The manner in which disputes shall be settled without prejudice to the
jurisdiction conferred upon the Registrar by section 63 of the Act.
10. Provision may be made for the imposition of a levy on each member
of the society to be applied towards the cost of its anniversary celebration, the
amount of the levy to be fixed by the committee of management and agreed to
by the general body.
11. 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.
12. The keeping of 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 has been adopted, and the keeping of separate accounts
of the expenses of management, and of all contributions on account thereof.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
88 Chap. 32:50 Friendly Societies
13. A valuation when required by the Registrar of the assets and liabilities
of the society, including the estimated risks and contributions.
14. The voluntary dissolution of a society by consent of not less than three-
fourths 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 is first satisfied or
adequately provided for in accordance with section 77(1)(c) of the Act.
15. 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, or of five hundred members in the case of a society of more than
ten thousand members, to apply to the Registrar for an investigation of the
affairs of the society, or for winding up the same in accordance wth section 79
of the Act.
16. Provisions shall be made—
(a) that the subscriptions, except levies, payable by every member
who has maintained his membership for an unbroken period
of twenty years in the society or branch shall not exceed one-
half of the subscriptions payable by a member; and
(b) that no subscriptions or levies of any kind whatsoever, shall
be payable by a member who has maintained his membership
for an unbroken period of thirty years in the society or branch.
However, no pensioner or member whose subscriptions are waived under
paragraph (b) shall be paid bonus or other moneys in the nature thereof; and no
waiver of subscriptions under paragraph (b) shall apply to members under the
age of fifty years.
17. Paragraphs 13 and 16 shall apply only to friendly societies and
paragraphs 12, 14 and 15 shall apply only to friendly societies and cattle
insurance societies.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 89
SECOND SCHEDULE
TABLE OF CONTENTS
FORMS, RETURNS, RECORDS AND ACCOUNTS
PART I
No. 1. Acknowledgment of Registration of Society.
No. 2. Acknowledgment of Registration of Amendment of Rules.
PART II
No. 3. Acknowledgment of Registration of Branch.
No. 4. Acknowledgment of Registration of Amendment of Branch Rules.
PART III
No. 5. Return of members and investments under section 26.
No. 6. Annual Return of receipts and expenditure, funds and effects of
society or branch, as audited, under section 28.
No. 7. Questionnaire relating to the audit of Books and Accounts.
No. 8. Statement of Funds showing receipts and expenditure, with Balance
Sheet (for local societies).
No. 9. Statement of Funds showing income and expenditure, with Balance
Sheet (for Order societies and societies under the rules of which
separate funds are required to be kept for the various benefits).
No. 10. Return as to Sickness and Death Benefits.
No. 11. Return as to Maternity, Dental, Optical and other Benefits.
No. 12. Return to Commissioner of Estate Duties of Death Benefits paid
by society or branch in respect of deceased members under
section 107(2).
PART IV
No. 13. Rent-roll of society owning or holding property.
No. 14. Register of Members of a society or branch.
No. 15. Register of Nominees and Dependants of Members.
No. 16. Record of Levies made by a society or branch.
No. 17. List of Bonus Payments to members who have not drawn benefits
during year.
No. 18. List of Bonus Payments to members who have drawn benefits
during year.
No. 19. Form of Contribution Card.
Section 121.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
90 Chap. 32:50 Friendly Societies
No. 20. Form of Bond.
No. 21. Form of Half-yearly Inspection and Administration Report showing
personal inspection of books and accounts, funds and effects of
society or branch by the committee of management.
No. 22. Record of Benefits paid to members.
PART V
No. 23. Form of Receipt to be endorsed on Mortgage or Further Charge.
PART VI
No. 24. Form of Summons issued by Registrar under sections 41(2) and 63(2).
No. 25. Form of Notice and Requisition to Parties under section 63(1).
No. 26. Form of Summons to Witness.
No. 27. Form of Summons issued by Registrar or authorised person under
section 73.
No. 28. Form of Determination and Order.
No. 29. Process before Magistrate under section 76(1).
No. 30. Form of Notice before cancelling or suspension of registration.
No. 31. Advertisement for cancelling or suspension of registration.
No. 32. Advertisement of Dissolution of Society by Instrument.
No. 33. Advertisement to Creditors of Friendly Society upon its Dissolution
to submit their claims to Registrar.
No. 34. Form of Suspension or Renewal of Suspension of Registration.
No. 35. Form of Cancelling of Registration.
TABLE OF CONTENTS—Continued
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 91
PART I
No. 1
REPUBLIC OF TRINIDAD AND TOBAGO.
Office of the Registrar of Friendly Societies,
Port-of-Spain.
FRIENDLY SOCIETIES ACT
ACKNOWLEDGMENT OF REGISTRATION OF SOCIETY
Name of Society: ........................
Register No.: ...............
The .......................................................... Society is registered as a (friendly
society, cattle insurance society, benevolent society, working men’s club, or
specially authorised society) under the Friendly Societies Act this
................................ day of ....................................., 20 ..................
(Signature) .......................................................
Registrar of Friendly Societies
No. 2
ACKNOWLEDGMENT OF REGISTRATION OF
AMENDMENT OF RULES
The foregoing amendment of the rules of the ...............................................
Society is registered under the Friendly Societies Act this ............................
day of ................................................., 20 .....................
(Signature) .......................................................
Registrar of Friendly Societies
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
92 Chap. 32:50 Friendly Societies
PART II
No. 3
REPUBLIC OF TRINIDAD AND TOBAGO.
Office of the Registrar of Friendly Societies,
Port-of-Spain.
FRIENDLY SOCIETIES ACT
ACKNOWLEDGMENT OF REGISTRATION OF BRANCH
The .................. is registered as a branch of the .................. Society (and of the
.................. branch of the same) under the Friendly Societies Act this ..................
day of ................... 20.........
(Signature) .......................................................
Registrar of Friendly Societies
No. 4
ACKNOWLEDGMENT OF REGISTRATION OF
AMENDMENT OF BRANCH RULES
The foregoing amendment of the branch rules of the .................. is registered
under the Friendly Societies Act this .................. day of ................... 20.........
(Signature) .......................................................
Registrar of Friendly Societies
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 93
PART III
No. 5
FRIENDLY SOCIETIES ACT
..........................................., 20 ...................
Reg. No. .................................
To the Registrar of Friendly Societies.
Return of the ........................................ Friendly Society for the year ending
31st December, 20..............
(a) Number of financial members on
roll during 20...... … …
(b) Number of probationary members
on roll during 20...... … …
(c) Number of unfinancial members
on roll during 20...... … …
Total
Amount on deposit in savings banks as at 31st December,
20............ inclusive of interest… … …
Amount invested in real security … … … …
Amount invested in leasehold security … … …
Amount invested in municipal and borough securities… …
Amount invested in stock, shares or debentures of banks and
building societies … … … … …
Amount invested in shares of co-operative undertaking, with
limited liability, the shares of which are held by societies …
Amount invested in authorised trustee securities … …
Amount in Treasurer’s hands as at 31st December, 20...... …
Total … $
......................................... Secretary
Address ...........................................
$
Adults Juvenile Total
Section 26.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
94 Chap. 32:50 Friendly Societies
}
No. 5—Continued
Office of the Registrar of Friendly Societies,
Port-of-Spain
....................................., 20 ................
To ...................................., Secretary of the ........................... Friendly Society
Dear Sir/Madam,
You are required to fill up the form printed on the back and return the same
to me on or before the 31st January, 20......., together with the sum of one dollar
and eighty cents.
..................................................
NOTE: It is not necessary to wait on Auditor’s Report before sending this
Return to the Registrar and on failure to submit this Return by 31st January, the
members of the Committee of Management of your Society may all be prosecuted
before a Magistrate. Retain duplicate copy of this form for the Auditor.
The Registered Number of the Society and the name and address of the Secretary
must be supplied.
Registrar of Friendly Societies
Section 28. No. 6
FRIENDLY SOCIETIES ACT
ANNUAL RETURN FOR A REGISTERED
FRIENDLY SOCIETY
Year ended 31st December, 20........
This Return is to be sent to the Registrar before 31st May. It should be
accompanied by—
(a) A copy of the Auditor’s Special Report (if any).
(b) A copy of the Account and Balance Sheet
made up to and including 31st day of December of the previous year.
A copy of this Return should be retained by the Society.
Name and number of Society (as registered)
Registered Office
Names and ....................... Address .......................
Addresses ....................... Address .......................
of Trustees ....................... Address .......................
Receipts and Expenditure
Statement of Funds
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 95
Does the Society make Loans to Members under section 44 of the Friendly
Societies Act, i.e., out of a separate Loan Fund formed by the contributions or
deposits of the Member? ................................ If so, the Society should APPLY
to the Registrar for an additional form of account applicable to such loan
transactions.
The AUDIT for the said year has been conducted by Mr. ......................
Auditor, appointed by the Minister.
Ordinary
Members
Males
(1)
Females
(2)
Juvenile
Mem-
bers
(3)
Widows
(4)
Total
(5)
Return of Benefit Members
(Membership of a separate Juvenile
Society should not be included
in the Adult Society’s Return).
Number of Benefit Members on the
Books at the beginning of the
year. (If in disagreement with
previous Return, explain
difference.)… … …
Admitted during the year …
*Juvenile members transferred to
Adult Section … …
Total … … …
†Number who died … …
†Number who left from other
causes … … …
‡Juvenile members transferred to
Adult Section … …
Total Number of Benefit Members
on the Books at the end of the
year … … …
*Enter at Columns (1) and (2).
†To be deducted from total of Columns (1), (2), (3), (4) and (5).
‡Enter at Column (3).
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
96 Chap. 32:50 Friendly Societies
Ordinary
Members
Males Females
Juvenile
Members Widows Total
*Return of benefit Members
Ages (at end of Year)
Number—
Under 16 years of age …
16 and under 65 years of age
65 years of age and over …
Total … … …
*To be used where contributions are paid according to age.
‡Benefits Assured to Members
Sickness, Dental, Maternity, Medical, Optical, Distress, Additional Benefits (state
specifically)
‡Strike out those that do not apply.
Officers, etc., in Reciept or Charge of Money
Name Office held
Maximum
amount of
Cash held Amount
Security
Whether by Bond or
Guarantee Society
Names and Addresses of the Committee of Management
as at the ..................... day of ..............................., 20 .............
[on which the Annual Return is signed]
Name Address
Remarks
Signature of Secretary ........................................
Address ...............................................................
Dated the ..................... day of ................................., 20 ..........
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 97
No. 7
FRIENDLY SOCIETIES ACT
QUESTIONNAIRE
Answers to Questions relating to the Audit of the Accounts of the ................ Friendly
Society (Registered No. .............) for the year ending the 31st December, 20 ........
1. Are the balances in the various funds correctly brought
forward from the previous year?
2. (a) Are the total receipts of each meeting paid
promptly to the treasurer and duly signed for
by him?
(b) What amount is the treasurer authorised to keep
in his hands under the rules?
(c) Are the monthly balances within this limit? If in
excess give details.
3. Are the receipts duly entered in the cash books
(including blotter) and do they agree with the
amounts signed for by the treasurer?
4. Are the receipts properly allocated as required by the
rules of the Society?
5. (a) Have all bank deposits been made in a savings
bank within the meaning of the Act?
(b) Have you examined the bank books, and does
the balance agree with the Balance Sheet and the
Annual Return?
(c) Have you examined the bank certificates?
6. Have you examined the treasurer’s cash book, and
does the balance agree with the secretary’s
cash book?
7. (a) Have you carefully examined the Society’s
accounts relating to mortgage and property?
(b) Has all interest due been paid?
(c) Are the mortgaged premises sufficiently insured
against loss by fire and the premiums paid?
(d) In whose names are the fire policies?
8. Have you examined the receipts for the premiums paid
for fire insurance and rates and taxes on properties
owned by or mortgaged to the Society?
9. (a) Are the funds of the Society invested in
accordance with the Friendly Societies Act?
Questions Answers
Section 115.
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
98 Chap. 32:50 Friendly Societies
(b) Are any funds of the Society in unauthorised
investments? If so, state the name and amount of
every such unauthorised investment.
(c) Have you any recommendations to make with
respect to the better investment of the funds?
10. (a) Have you examined the certificates issued by the
trustees to the treasurer certifying the amount of
cash in the treasurer’s hands on the dates checks
were made as prescribed by regulation 67?
(b) Have you examined the certificate issued by the
trustees to the treasurer certifying the deposit in
a savings bank of the cash in the treasurer’s hands
as at close of the financial year in respect of which
this audit is being carried out?
(c) Do the amounts so certified agree with the
Balance Sheet and are they within the sum for
which the treasurer is bonded under the rules?
11. (a) Have you thoroughly checked the Register of
members with—
(i) blotter; and
(ii) cards?
(b) How many contribution cards were submitted for
examination?
(c) How many contribution cards were not produced
for examination? Does the action taken upon non-
production appear to be satisfactory?
12. Are the arrears carried forward correctly in the
Register of members and on the cards?
13. Have you seen and checked vouchers and receipts for
all payments made by the Society and were these
duly authorised?
14. Have all the books of the Society been produced for
your examination? Do they agree with the list
submitted?
15. Have you seen all accounts for the year which have
been rendered by doctors, druggists, dentists,
opticians and other creditors?
16. Are the amounts due to doctors, druggists, dentists,
opticians and other creditors fully and properly
credited in the Society’s ledger?
17. Have proper receipts been produced to you for all
payments stated to have been made to doctors,
druggists, dentists, opticians and other creditors?
Questions Answers
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 99
18. Do those receipts agree in all respects with the orders
and with the entries in the Society’s books and
accounts?
19. (a) Is the aggregate amount paid for bonus within
the sum prescribed by the rules?
(b) Have the provisions of regulations 16 to 20
inclusive been complied with strictly?
(c) If not, state in what way or ways there has been
failure to comply.
(d) Have you carefully examined the
acknowledgments given by members?
(e) Are you satisfied that they are proper quittances
for the amounts received?
(f) Are the amounts received by officers and
members as remuneration for carrying out the
provisions of the Act with respect to the
payment and distribution of bonus in
accordance with the scale of allowances
provided under regulation 17?
(g) What is the amount of bonus that remained
unpaid at close of the year under audit?
(h) Has this amount been handed back to the treasurer
and an acknowledgment taken for the same?
20. (a) Was the Register of members completely written
up for the year under review?
(b) What is the Society’s membership as regards its—
(i) Financial members;
(ii) Unfinancial members;
(iii) Probationary members;
(iv) Juvenile members?
(c) Have you verified such membership with the
Annual Return?
21. (a) Is the levy imposed in respect of anniversary
expenses within the amount prescribed by the
Regulations?
(b) Have you seen the detailed statement (referred
to in regulation 68) of the expenditure in respect
of the Society’s anniversary celebrations for the
year under review?
Questions Answers
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
100 Chap. 32:50 Friendly Societies
(c) Have you checked the vouchers submitted in
respect of all such expenditure?
(d) Have proper receipts been produced to you for
all payments made?
(e) Have there been, in your opinion, any
irregularities in connection with the anniversary
expenses? If so, state them.
(f) Has the aggregate amount expended in respect
of the anniversary celebrations exceeded the gross
amount collectable from the membership?
22. (a) Have you carefully examined the Record of
Levies kept by the Society?
(b) Is the Record kept strictly in accordance with the
provisions of regulation 63?
(c) Has any levy been excessive?
(d) Have the amounts arising from levies been duly
and properly applied?
23. (a) Have you carefully examined the Rent-roll kept
by the secretary?
(b) Have you checked the entries therein with the
counterfoils of the Society’s receipt book or with
the Agent’s return?
(c) Do those counterfoils agree in all respects with
the entries in the Rent-roll?
24. (a) Have you personally examined the securities,
State Grants and other muniments of title
belonging to or held by the Society?
(b) Have you carefully examined the Society’s
accounts in relation to its investments and verified
the said securities, State Grants and other
muniments of title therewith?
(c) Have you satisfied yourself that the ownership
of the said securities, State Grants and other
muniments of title is vested in the Society, or that
its rights, title or interest therein are duly and
properly safeguarded and protected?
(d) Do the securities and documents of title held by
the Society exceed the value of $5,000.00?
(e) If so, have the trustees deposited the same in
manner provided under regulation 29?
25. (a) Have the provisions of regulations 25 to 28
inclusive been strictly complied with?
Questions Answers
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 101
Questions Answers
(b) Is there in your opinion any money improperly
loaned?
(c) Do you consider the Loan Fund is being
operated satisfactorily?
(d) Is there anything with respect to the Loan Fund
to which the attention of the committee of
management should particularly be called?
26. (a) Have you examined the Registrar’s certificates
of lodgment issued in respect of officers’ bonds
deposited with him?
(b) Do such certificates relate to all the officers who
are required to furnish bonds? If “no”, please
give the names and addresses of those officers
who have not furnished bonds.
27. Has the contribution to the Reserve Fund as required
by the Act been set aside?
28. Are the return of members and moneys and the value
of the investments shown in the Return made
under section 26 of the Act for the year under
review correctly stated?
29. Have you obtained all the information and
explanations you have required?
30. (a) Have you any requirements or
recommendations to make for the better
operation of the Society?
(b) Is there in your opinion any defect in the method
of keeping the books and accounts?
(c) Have you any recommendations to make in
respect of the better arrangement of the accounts
of the Society?
31. Have all the recommendations of the previous year’s
Auditor been complied with and carried out?
32. Have any of the funds or effects of the Society been
misapplied or wrongly withheld by any person
or persons whomsoever?
33. If any of the funds or effects of the Society have
been so misapplied or wrongly withheld:
(a) Who are the person or persons who have so
misapplied or withheld the same?
(b) What are the amounts so misapplied or wrongly
withheld?
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
102 Chap. 32:50 Friendly Societies
NOTE—The Regulations herein referred to are to be found in the Subsidiary Legislation
to the Friendly Societies Act.
Answers should be written clearly and concisely. Add additional sheet if the
space allotted cannot contain the answer to any question.
I, the undersigned, certify and declare that the above answers are full, honest and true
and are given as the result of my examination of the books and accounts, records, returns,
receipts, deeds and documents of the above-named Friendly Society for or relating to
the year ended 31st December, 20.......
Dated the .............................. day of .......................... 20..............
.................................. Auditor
General Remarks—
SPECIAL REPORT
Dated the ....................... day of .............................. 20.............
.................................. Auditor
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 103
*Receipts
$
Entrance Fees … …
Weekly Contributions …
Death Levies … …
Rule Books … …
Rosettes, Regalia, etc. …
Cards (Contributions) …
Anniversary Levy… …
Fees from Registration
of Dependants… …
Fees from Nomination …
Rent Collected … …
Audit Fee Refund… …
Fines … … …
Building Dues … …
Management Dues… …
Overs … … …
Other Income … …
Total Cash Income $
*See Note at back hereof.
Expenditure
$
Sick Relief … … …
Medical Attendance … …
Medicines … … …
Dental Benefits … …
Optical Benefits … …
Maternity Benefits … …
Death Benefits … …
Other Benefits … …
Pensions … … …
Officers’ Salaries … …
Committee, Remuneration of
Sick Visitors … …
Rent and Light … …
Property Expenses (Rates,
Taxes, Insurance, etc.) …
Mortgage Interest … …
Rosettes, Regalia, etc. …
Anniversary Expenses …
Contribution (Education,
Science and Art) … …
Annual Return and Fees
to Registrar … …
Printing and Stationery …
Auditor’s Fee … …
Travelling … … …
Shorts … … …
Miscellaneous … …
Total Cash Expenditure $
[OVER]
No. 8
FRIENDLY SOCIETIES ACT
Reg. No. ........................
.................................... Friendly Society
RECEIPTS AND EXPENDITURE ACCOUNT FOR THE
YEAR ENDED 31ST DECEMBER, 20 .......
Section 115.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
104 Chap. 32:50 Friendly Societies
Interest and Dividend, etc.
$
Post Office Savings Bank …
Trinidad Co-operative
Bank, Ltd. … …
Trinidad Building and Loan
Association … …
Other Banks … …
Shares … … …
Other Investments … …
Rent due to Society …
Total Income from all sources $
Capital Fund:
Balance as at 1st January,
20........
Grand Total … $
Accounts Accrued Due
$
Auditor’s Fee
(members) … …
Medical Officers … …
Dentists … … …
Opticians… … …
Druggists… … …
Rent … … …
Other Outstandings… …
Total Expenditure Including Accounts
Accrued Due
$
Reserve Fund
Bonus paid ...$
Bonus expenses
Deficiency (if any)
at 1st January, 20...........
Capital Fund:
Balance as at 31st December,
20............. , as per Balance
Sheet… … …
Grand Total … $
NOTE—The principal points to be attended to in connection with this Account are—
1. Receipts and Expenditure. It must be carefully remembered that this is not a mere
Cash Account, giving particulars of cash received and cash expended. Accordingly such
items as—
(a) Cash withdrawn from bank or cash paid into bank,
(b) Cash expended in purchase of investments, or cash received on sale
of investments, or on discharge of mortgages, etc., etc.,
must not appear beyond entering as a profit or loss, as the case may be, the difference
between the amount received and the amount at which the asset previously stood in the
Society’s Balance Sheet.
2. Interest on the funds which have become due and payable in the course of the
year should appear as a receipt, and if not actually paid at end of year will appear in the
assets of the Balance Sheet as interest due and unpaid.
UNOFFICIAL VERSION
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 105
FRIENDLY SOCIETIES ACT
Reg. No. ...............
.............................Friendly Society.
BALANCE SHEET AS AT 31ST DECEMBER, 20 .......
Liabilities
Auditor’s Fee for 20.........
( Members) … $
Medical Officers:
Druggists:
Dentists:
Opticians:
Assets
Cash in Treasurer’s hands $
Cash at Banks as per
Certificates:
Post Office
Savings $
Add Interest
credited … $ $
T’dad Co-opera-
tive Bank
Ltd … $
Add Interest
credited … $ $
T’dad Building
and Loan
Association … $
Add Interest
credited … $ $
Other Banks … $
Add Interest
credited … $ $
Shares Account:
T’dad Co-opera-
tive Bank Ltd … $
3. Where under the rule separate funds are required to be kept for the various benefits,
the amounts of these various funds should always be stated separately in the Balance
Sheet.
4. Each Account must be correctly added up.
5. The totals at the bottom, on the opposite sides of each Account, must be the same.
Section 115.
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
106 Chap. 32:50 Friendly Societies
Liabilities
Mortgages: $
Reserve Fund … …
Sundry Creditors:
Capital Fund:
Balance as per Recipients and
Expenditure Account …
$
Add Dividend
credited … $ $
T’dad Building
and Loan
Association … $
Add Dividend
credited … $ $
Company
Limited … $
Add Dividend
credited … $ $
Other Investments:
Sundry Debtors:
Signature of Secretary .............................
Address ....................................
AUDITOR’S CERTIFICATE
The undersigned, having had access to all Books, Deeds, Documents and Accounts
of the Society, and having examined the foregoing Balance Sheet, and verified the same
with the Books, Deeds, Documents and Accounts relating thereto, now sign the same as
found to be correct, duly vouched, and in accordance with law (subject to a Special
Report dated the ............ day of .................20......, attached to the Registrar’s Questionnaire
relating to the said ........... Friendly Society for the year ended 31st December, 20.........).*
Signature of Auditor .............................
Address .........................................
Date of Completion of Audit ............................................20......
* If no Special Report is made, the words in brackets should be struck out. The Auditor
must make a Special Report if in any respect the Accounts and Balance Sheet is incorrect,
unvouched, or not in accordance with law. A copy of any Special Report must be sent
to the Registrar.
Assets
$
UNOFFICIAL VERSION
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 107
No. 9
FRIENDLY SOCIETIES ACT
STATEMENT OF FUNDS AND BALANCE SHEET
For the “...........................” Lodge, No.............. of the Trinidad District, Friendly
Society for the year ended 31st December 20............
Expenditure
Sickness Pay—
Full pay ............ days …
Reduced pay ........ days …
Funeral Benefits … …
Trinidad District Funeral Fund
Levies … …
Other Expenditure (to be
specified)—
Total Expenditure for the Year
Amount of Fund, 31st
December 20........ …
Total … …
SICK AND FUNERAL FUND
Income
Contributions … …
Entrance Fees … …
Interest on Moneys Invested
T’dad District, refund of
Funeral Benefits… …
Other Receipts (to be
specified)—
Total Income for the Year …
Amount of Fund, 1st January
20....… … …
Total … …
Expenditure
Salaries and Remunerations
Rent of Lodge Room …
Deputies to District Meetings
Printing, Books and
Stationery … …
Postages… … …
Necessaries Purchased …
Trinidad District, Membership
Levy… … …
Other Expenditure (to be
specified)—
Total Expenditure for the Year
Amount of Fund, 31st
December 20 ........ …
Total … …
MANAGEMENT FUND
Income
Contributions … …
Entrance Fees … …
Registration of Dependents…
Fines … … …
Levies … … …
Other Receipts (to be
specified)—
Total Income for the Year …
Amount of Fund, 1st January
20 ....… … …
Total … …
$ $
$ $
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
108 Chap. 32:50 Friendly Societies
Expenditure
Medical Attendance
Druggist for medicines supplied
Allowance to Members …
Dental Attendance… …
Optical Attendance… …
Other Expenditure (to be
specified)—
Total Expenditure for the Year
Amount of Fund, 31st
December 20 ........ …
Total … …
MEDICAL FUND
Income
Contributions … …
Other Receipts (to be
specified)—
Total Income for the Year …
Amount of Fund, 1st January
20 ....… … …
Total … …
Expenditure
Grants to Members in Distress
Other Expenditure (to be
specified)—
Total Expenditure for the Year
Amount of Fund, 31st
December 20 ........ …
Total … …
DISTRESS OR SUBSIDIARY FUND
Income
Contributions … …
Other Receipts (to be
specified)—
Total Income for the Year …
Amount of Fund, 1st January
20 ....… … …
Total … …
Expenditure
Repairs
Rates and Taxes … …
Ground Rents … …
Interest on Loans
Other Expenditure (to be
specified)—
Total Expenditure for the Year
Amount of Fund, 31st
December 20 ........ …
Total … …
PROPERTY ACCOUNT
Income
Amount received for Rents
Other Receipts (to be
specified)—
Total Income for the Year …
Amount of Fund, 1st January
20 ....… … …
Total … …
$ $
$$
$ $
$ $
$ $
$ $
No. 9—Continued
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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 109
No. 10
FRIENDLY SOCIETIES ACT
RETURN AS TO SICKNESS AND DEATH BENEFITS
FOR YEAR ENDED 31ST DECEMBER 20 .......
Name of Friendly Society ..................................................................................
Reg. No. .............................................................................................................
Sickness Pay—
Full pay lasting ........... weeks
First period reduced
pay lasting .............. weeks
Second period reduced
pay lasting .............. weeks
Permanent Sick Pay … …
Number
of
Members
Number
of weeks
and days
pay
W.D.
Rate per
week
Under
Rule
No.
Amount
$
Total Sickness pay … $
Sums at Death—
of † ordinary members at $ … … … …
of * wives (or husband) at $ … … … …
of † widows… … … … … …
of † dependants … … … … …
of † pensions… … … … … …
of † long-standing members … … … …
of † juvenile members… … … … …
Total … Total sums at Death … … $
*State number
†State number where both husband and wife are members.
Section 115.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
110 Chap. 32:50 Friendly Societies
Funds and Liabilities
Worth of Sick and Funeral
Fund …
Worth of Management Fund
Do. Medical Fund …
Do. Distress Fund …
Due to Trinidad District …
Other Liabilities (to be
specified) … …
Signature of Secretary ......................................................................................................
Address .............................................................................................................................
The undersigned, having had access to all Books, Deeds, Documents and Accounts
of the Lodge, and having examined the foregoing Balance Sheet, and verified the same
with the Books, Deeds, Documents and Accounts relating thereto, now sign the same as
found to be correct, duly vouched, and in accordance with law (subject to a Special
Report dated ..................... day of ............................................ 20 .................).*
Signature of Auditor .........................................................................................................
Address .............................................................................................................................
Date of Completion of Audit ....................................................... 20 ................
*If no Special Report is made, the words in brackets should be struck out. The Auditor
must make a Special Report if in any respect the Accounts and Balance Sheet is incorrect,
unvouched, or not in accordance with law. A copy of any Special Report must be sent
to the Registrar with this Balance Sheet.
Assets
Post Office Savings Bank …
Cash in Treasurer’s hand …
Land and Buildings, Freehold
Other Assets (to be specified)
Total Assets … …
Deficiency (if any) in
Management Fund… …
BALANCE SHEET
$ $
$ $
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 111
No. 11
FRIENDLY SOCIETIES ACT
Reg. No. ....................
The ...................... Friendly Society
RETURN AS TO MATERNITY, DENTAL, OPTICAL AND
OTHER BENEFITS FOR THE YEAR ENDED
31ST DECEMBER 20 .......
Total …$
NOTE—The figures to be given in Columns Nos. (2) and (4) above need not necessarily
agree.
Benefits
(1)
Number
of
Members
(2)
Rate
or
Allowance
(3)
Number
of
Benefits
(4)
Under
Rule
No.
(5)
Amount
(6)
Maternity… … …
Dental—
(i) Extractions … …
(ii) Treatment … …
Optical—
(i) Examination or Refraction
(ii) Glasses … …
Other Benefits—
(To be specified)
$ $
Section 115.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
112 Chap. 32:50 Friendly Societies
No. 12
FRIENDLY SOCIETIES ACT
Reg. No. ....................
RETURN OF
The ...................... Friendly Society
Address of Registered Office .............................................................................
TO THE COMMISSIONER OF ESTATE DUTIES
In Respect of Quarter Ending .......................... 20.......
Name of
deceased
member*
Address of
deceased
member
Amount
paid
†Name of
person to
whom
payment
made
Address of
payee
Remarks
Section 107(2).
*Do not include names of deceased members until payment has been made.
†Include Administrator General if payment made to him.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 113
PART IV
RENT ROLL
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
114 Chap. 32:50 Friendly Societies
No.
THE FRIENDLY
RENT
of the ...................................................................
Particulars in Respect of Premises No. ...............
(or Leased by) The ................................ Friendly
Insert
Names of
Tenants
MONTHLY TENANTS
State
Monthly
Rental— $ per month $ per month $ per month $ per month $ per month
Arrears
brought
forward
from
previous
year
January
February
March
April
May
June
Carried
Forward
A
ge
nt
’s
Re
tu
rn
or
R
ec
ei
pt
N
o.
A
ge
nt
’s
Re
tu
rn
or
R
ec
ei
pt
N
o.
A
ge
nt
’s
Re
tu
rn
or
R
ec
ei
pt
N
o.
A
ge
nt
’s
Re
tu
rn
or
R
ec
ei
pt
N
o.
Amount
$
Amount
$
Amount
$
Amount
$
Amount
$
A
ge
nt
’s
Re
tu
rn
or
R
ec
ei
pt
N
o.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Friendly Societies Chap. 32:50 115
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
13
SOCIETIES ACT
ROLL
.................................................. Friendly Society
Situated at ........................................ Belonging to
Society for the year ending .................... 20 ........
OCCASIONAL TENANTS
Names
Ag
en
t’s
R
etu
rn
or
Re
ce
ipt
N
o.
Amount
$
Re
ce
ipt
C
ash
Bo
ok
Fo
lio Months
Agent’s
Com-
mission
Paid
$
Total
Rent
Collected
$ Pa
ym
en
t C
ash
Bo
ok
Fo
lio
Remarks
January …
February…
March …
April …
May …
June …
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
116 Chap. 32:50 Friendly Societies
Insert
Names of
Tenants
MONTHLY TENANTS
State
Monthly
Rental— $ per month $ per month $ per month $ per month $ per month
A
ge
nt
’s
Re
tu
rn
or
R
ec
ei
pt
N
o.
A
ge
nt
’s
Re
tu
rn
or
R
ec
ei
pt
N
o.
A
ge
nt
’s
Re
tu
rn
or
R
ec
ei
pt
N
o.
A
ge
nt
’s
Re
tu
rn
or
R
ec
ei
pt
N
o.
Amount
$
Amount
$
Amount
$
Amount
$
Amount
$
A
ge
nt
’s
Re
tu
rn
or
R
ec
ei
pt
N
o.
Brought
forward
July
August
September
October
November
December
Total Rent
Collected
Total Rent
due to 31st
Dcember,
20............
(including
previous
year’s
arrears)
Arrears to
31st
December,
20 ............
Carried
forward
Note—This Rent Roll is to be produced to the Auditor upon every audit of the Society’s books and
accounts together with the Agent’s Returns if any.
No.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Friendly Societies Chap. 32:50 117
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
OCCASIONAL TENANTS
Names
Ag
en
t’s
R
etu
rn
or
Re
ce
ipt
N
o.
Amount
$
Re
ce
ipt
C
ash
Bo
ok
Fo
lio Months
Agent’s
Com-
mission
Paid
$
Total
Rent
Collected
$ Pa
ym
en
t C
ash
Bo
ok
Fo
lio
Remarks
I hereby certify that the above is a true and correct record in respect of rents collected and
Agent’s Commission paid to the 31st December 20 ...........
Dated ........................................... (Signed) .....................................................................
July …
August …
September
October…
November
December
Secretary
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
118 Chap. 32:50 Friendly Societies
No.
REGISTER OF
The ..................................
Entrance Fee Member’s Surname Member’s Given Names
Year Arrears January February March April May
Brought
forward
Contribution … …
Management Dues …
Death Levies … …
Fines … … …
Card … … …
Anniversary Levy …
Goods … … …
Building Dues Account…
Banner Dues … …
Registration … …
Rule Book … …
Other Charges … …
Doctor … … …
Medicine… … …
Sick Relief … …
Maternity… … …
Dental … … …
Optical … … …
Dependant Death Benefits
Other Benefits … …
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 119
14
MEMBERS
........................Friendly Society
Address Date of Admission Bonus Paid, $
June July August September October November December Arrears
Carried
forward
No.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
120 Chap. 32:50 Friendly Societies
D
at
e
de
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ed
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as
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er
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le
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..
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..
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 121
No. 17
FRIENDLY SOCIETIES ACT
The .......................... Friendly Society
Reg. No. ......................
LIST OF BONUS PAYMENTS TO MEMBERS WHO HAVE
NOT DRAWN BENEFITS DURING YEAR 20 ..........
Bonus declared $ ...............................
NOTE—The mark or signature of an illiterate person in receipt of bonus must be witnessed by
an independent person who shall affix his signature in the “Remarks” column.
Name of Member Reg. No. Amount Payable Acknowledge-
ment
Remarks
Section 120.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
122 Chap. 32:50 Friendly Societies
N
o.
1
8
FR
IE
N
D
LY
S
O
C
IE
TI
ES
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C
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e
...
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ie
nd
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S
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ie
ty
LI
ST
O
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B
O
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S
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AY
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TS
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O
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EM
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R
S
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de
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t p
er
so
n
w
ho
s
ha
ll
af
fix
h
is
s
ig
na
tu
re
in
th
e
“R
em
ar
ks
”
co
lu
m
n.
A
ck
no
w
le
dg
em
en
t
Re
g.
N
o.
D
ed
uc
tio
ns
o
f A
m
ou
nt
s D
ra
w
n
by
M
em
be
r d
ur
in
g
th
e Y
ea
r
M
ed
ic
al
A
tte
nd
an
ce
an
d
M
ed
ic
in
e
Si
ck
R
el
ie
f
D
en
ta
l a
nd
O
pt
ic
al
Be
ne
fit
s
D
ep
en
da
nt
D
ea
th
a
nd
ot
he
r B
en
ef
its
Ba
la
nc
e
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ya
bl
e
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am
e
of
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em
be
r
Re
m
ar
ks
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ct
io
n
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0.
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g
N
o.
..
...
...
..
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 123
No. 19
The .......................................................... Friendly Society
Motto: (if any) ..........................................................................................
Established: ..........................................................................................
Registered: ...........................................................................................
CONTRIBUTION CARD
20.............
Reg. No. ....................................................................................................
Name of Member: .....................................................................................
Address: .....................................................................................................
Date of Admission: ....................................................................................
.................................................................................................... President
.................................................................................................... Secretary
Meetings
General Meetings are held every (give days and hour appointed)
...................................................................................................................
Regular Meetings (if any)
....................................................................................................................
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
124 Chap. 32:50 Friendly Societies
Note—Please check your Card.
Rule Book: $...............
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Arrears to Total $
D
at
e
20
..
...
...
..
W
ee
ks
Co
nt
rib
ut
io
n
M
an
ag
em
en
t
D
ue
s
D
ea
th
L
ev
ie
s
Fi
ne
s
Ca
rd
A
nn
iv
er
sa
ry
Le
vy
G
oo
ds
Bu
ild
in
g
D
ue
s
A
cc
ou
nt
Ba
nn
er
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ue
s
Re
gi
str
at
io
n
O
th
er
C
ha
rg
es
Se
cr
et
ar
y’
s
In
iti
al
s
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Friendly Societies Chap. 32:50 125
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Note—Please check your Card.
Entrance Fees: $...............
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Arrears to Total $
Da
te
20
...
....
...
W
ee
ks
Co
ntr
ibu
tio
n
M
an
ag
em
en
t
Du
es
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ath
L
ev
ies
Fin
es
Ca
rd
An
niv
ers
ary
Le
vy
Go
od
s
Bu
ild
ing
D
ue
s
Ac
co
un
t
Ba
nn
er
Du
es
Re
gis
tra
tio
n
Ot
he
r C
ha
rge
s
Se
cre
tar
y’s
Ini
tia
ls
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
126 Chap. 32:50 Friendly Societies
Arrears to 31st December, 20 .....
Contribution … … … … … …
Management Dues … … … … …
Death Levies … … … … … …
Fines … … … … … … …
Card … … … … … … …
Anniversary Levy … … … … …
Goods… … … … … … …
Building Dues Account … … … … …
Banner Dues … … … … … …
Registration … … … … … …
Rule Book … … … … … …
Other Charges … … … … … …
Total …
Address of Registered Office: ............................................................................
NOTE—This Card must be returned to the Secretary at the Registered Office of the Society not
later than 31st January 20..........., inclusive. Failure to return the same within the appointed
time renders the holder liable to a fine of five dollars.
$
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 127
No. 20
FRIENDLY SOCIETIES ACT
FORM OF BOND
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 county
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 I.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 I.K. as such trustees or their
successors, trustees for the time being, 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 administrators,
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 situated as aforesaid, and he, together with the above
bounden C.D. as his surety, have entered into the above written bond, subject to
the condition hereinafter 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 committee
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, and likewise also during every consecutive term of the said office of
................................. held by the said A.B. in the said ..................................
Society (or branch), then the above-written bond shall be void, otherwise shall
remain in full force.
Signed and delivered in the presence of ............................. (two witnesses).
Section 50.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
128 Chap. 32:50 Friendly Societies
No. 21
FRIENDLY SOCIETIES ACT
INSPECTION AND ADMINISTRATION REPORT OF THE
COMMITTEE OF MANAGEMENT
of the ................................................ Friendly Society
for Half-Year ending 20 ........
REPUBLIC OF TRINIDAD AND TOBAGO.
Reg. No. of Society ................
To the Registrar of Friendly Societies, Trinidad and Tobago.
We the undersigned officers and members of the Committee of Management
of the .................................................................... Friendly Society have
personally inspected the books of account and checked the funds and effects of
this Society, and are satisfied that the work and affairs of the Society have
been satisfactorily carried out during the six (6) months ended
20 ......... and that all the records and books of account thereof are being properly
kept and posted.
2. The system of account laid down for the Society has been duly observed
and no irregularities have come to our notice. No part of any fund has been
applied directly or indirectly for any purpose other than that to which it is
applicable under the rules of the Society.
3. We have also personally checked the deposits in the Bank and the amount
of money in the Treasurer’s hands as at 20.........., and have
found the same to be—
Amount at ........................ Bank $
Amount in Treasurer’s hands $
As Witness our hands this ................ day of ......................... 20 ........
Section 120.
June 30th
December 31st
June 30th
December 31st
June 30th
December 31st
President or Chief Executive Officer
Vice-President
Treasurer
Trustee
Trustee
Secretary
Asst. Secretary (if any)
Member of Committee of Management
Member of Committee of Management
Member of Committee of Management
Member of Committee of Management
Member of Committee of Management
Member of Committee of Management
Member of Committee of Management
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Friendly Societies Chap. 32:50 129
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
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UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
130 Chap. 32:50 Friendly Societies
PART VI
No. 24
FRIENDLY SOCIETIES ACT
SUMMONS UNDER SECTIONS 41(2) AND 63(2)
REPUBLIC OF TRINIDAD AND TOBAGO
Office of the Registrar of Friendly Societies, Port-of-Spain
IN THE MATTER OF A DISPUTE UNDER
THE FRIENDLY SOCIETIES ACT
Between
............................................................................................................ Applicant
And
......................................................................................................... Respondent
Whereas application has been made to me the undersigned, Registrar of
Friendly Societies for Trinidad and Tobago, that ..............................................
[Give subject matter of dispute]
Take notice that you are hereby required to attend before me at the above-
named Office at ............................... on the ........................ day of ..........................
20 .........., to answer the said application on the part of ..........................
PART V
No. 23
FRIENDLY SOCIETIES ACT
FORM OF RECEIPT TO BE ENDORSED ON
MORTGAGE OR FURTHER CHARGE
REPUBLIC OF TRINIDAD AND TOBAGO
The trustees of the ........................... Society (or the ........................ branch
of the ............................... Society) hereby acknowledge to have received all
moneys intended to be secured by the within (or above) written deed.
Signed: (Signature of Trustees)
.............................................................................................. Trustee
.............................................................................................. Trustee
Countersigned: (Signature of Secretary)
.......................................................................................... Secretary
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 131
And further take notice that if you do not appear at the time and place
mentioned such order will be made notwithstanding your absence as to the
Registrar may appear just or expedient.
Dated the ....................... day of ............................. 20 ............
...................................................
To: .......................................................................................................................
NOTE—You are required to bring with you all books, papers or other documents you may have in
your possession relating to the above matter.
Should the Respondent require evidence in defence, notice must be left at the above
Office of the names and residences of the witnesses without delay.
Registrar of Friendly Societies,
Trinidad and Tobago
No. 25
FRIENDLY SOCIETIES ACT
NOTICE AND REQUISITION
Office of the Registrar of Friendly Societies, Port-of-Spain
DISPUTE
Between ..............................................................................................................
And .....................................................................................................................
an officer/officers of The ........................................................ Friendly Society.
Register No. .......................
Take notice that I shall proceed by myself to hear and determine the matter
in dispute herein mentioned, which has been referred to me pursuant to
section 63(1) of the Friendly Societies Act, on ..................... the ..................
day of ...................., 20 ........, at the hour of ................. in the forenoon, at my
office at ......................................
And further take notice that I shall require the attendance of all parties
concerned, and of their witnesses, and as well the production of all books,
documents and material objects relating to the matter in question.
Dated the .................. day of ............................ 20 ...........
...................................................
MATTER IN DISPUTE
To: .......................................................................................................................
And to: ................................................................................................................
Section 63(1).
Registrar of Friendly Societies
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
132 Chap. 32:50 Friendly Societies
No. 26
FRIENDLY SOCIETIES ACT
SUMMONS TO WITNESS
REPUBLIC OF TRINIDAD AND TOBAGO
Office of the Registrar of Friendly Societies, Port-of-Spain
DISPUTE UNDER FRIENDLY SOCIETIES ACT
Between
............................................................................................................ Applicant
And
......................................................................................................... Respondent
To: .......................................................................................................................
of .......................................................................................................................
Whereas application has been made to me the undersigned Registrar of
Friendly Societies for Trinidad and Tobago to hear the following dispute:
......................................... [state shortly the substance of the dispute] and it has
been made to appear to me that you are likely to give material evidence on
behalf of the applicant (or respondent) in this behalf—
This is to require you to be and appear at ........................ o’clock, on
............................. day the ........................ day of .............................., 20 ........,
before me at the above-named Office to testify what you know concerning the
matter of the said application, and to produce the following books and documents
[state them].
Dated this ................ day of ............................. 20 ..........
..................................................
Registrar of Friendly Societies,
Trinidad and Tobago
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 133
No. 27
FRIENDLY SOCIETIES ACT
SUMMONS UNDER SECTION 73
REPUBLIC OF TRINIDAD AND TOBAGO
Office of the Registrar of Friendly Societies, Port-of-Spain
To: .......................................................................................................................
of .........................................................................................................................
Whereas it doth appear necessary or expedient to hold an inquiry into the
constitution, working or financial condition of the .....................................
Friendly Society (and the position or standing of ................................ therein).
Take notice that you are hereby required to attend before the Registrar (or
............................... being a person or persons authorised by the Registrar) at
............................... on ....................... the ........................................ day of
................................., at the hour of ............................ for the purpose of the
said inquiry.
And further take notice that if you do not appear at the time and place
mentioned, proceedings may be taken against you in accordance with the
provisions of section 73(8) of the Friendly Societies Act.
Dated the ...................... day of .................................., 20 ...........
.............................................................
Registrar of Friendly Societies,
Trinidad and Tobago
(or Authorised person)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
134 Chap. 32:50 Friendly Societies
No. 28
FRIENDLY SOCIETIES ACT
REPULIC OF TRINIDAD AND TOBAGO
Office of the Registrar of Friendly Societies, Port-of-Spain
DETERMINATION AND ORDER
IN THE MATTER OF A DISPUTE
Between
............................................................................................................ Applicant
And
......................................................................................................... Respondent
This Matter having been referred to me pursuant to the Friendly Societies
Act, or Application having been made to me pursuant to the Friendly Societies
Act, I, .........................., Registrar of Friendly Societies, Order and determine
as follows:
Given under my hand this ................ day of ......................, 20 .........
.................................................
NB—Under the Friendly Societies Act, and the Regulations made thereunder, application for the
enforcement of this Order may be made to a Magistrate for the County of .........................
sitting therein.
Registrar of Friendly Societies,
Trinidad and Tobago
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 135
No. 29
FRIENDLY SOCIETIES ACT
PROCESS BEFORE MAGISTRATE UNDER SECTION 76(1)
REPUBLIC OF TRINIDAD AND TOBAGO
IN THE MAGISTRATE’S COURT HOLDEN AT
...........................................................................................................................................
IN THE MATTER OF THE FRIENDLY SOCIETIES ACT, SECTION 76(1)
and
IN THE MATTER OF THE APPLICATION OF
Take notice that you are hereby required to attend before his Worship the
Magistrate of the County of ..................... at the Magistrate’s Court of
......................., on .....................,the ........................, day of ...........................
20 ............, at the hour of ..................... o’clock in the forenoon on the hearing
of an application on the part of .................................... for an Order that—
And further take notice that if you do not appear at the time and place
mentioned such Order will be made notwithstanding your absence as to the
Magistrate may appear just or expedient.
Dated the ..................... day of ................................., 20 ...........
To: ........................................................................................... Friendly Society.
...................................................
...................................................
[or as the case may be]
Applicant’s Address
Applicant
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
136 Chap. 32:50 Friendly Societies
No. 30
FRIENDLY SOCIETIES ACT
NOTICE BEFORE CANCELLING OR
SUSPENSION OF REGISTRATION
Name of Society: ................................................................................................
Register No. ......................
Notice is hereby given to the above-named Society that it is the intention of
the Registrar to proceed on the .......................... day of ..................................,
20 ..........., [not being less than one calendar month after service hereof—
section 74(6)] to cancel or to suspend [for any term not exceeding three months—
section 76(2)] the registration of the Society, unless cause be shown to the
contrary in the meantime.
The ground of such cancelling or suspension is that the acknowledgment of
registration has been obtained by fraud or issued in mistake, or that the Society
exists for an illegal purpose, or has wilfully and after notice from me violated
the provisions of the Friendly Societies Act or has ceased to exist.
And further take notice that immediately upon such cancellation or suspension
of registration all realisable personal property of the Society must be delivered,
and full particulars of all other the realisable property of the said Society must
be submitted to the Registrar or his nominee.
Dated this ................... day of ..............................,. 20 ...............
.....................................................
To: .......................................................................................................................
The ......................................................................................................................
Registrar of Friendly Societies
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 137
No. 31
FRIENDLY SOCIETIES ACT
ADVERTISMENT FOR CANCELLATION OR
SUSPENSION OF REGISTRATION
Notice is hereby given that the Registrar of Friendly Societies has, pursuant
to section 76 of the Friendly Societies Act, by writing under his hand dated this
................. day of ..........................., 20 ........., Cancelled (or Suspended) for
[state the term] the registration of the ................................. Society, Register
No. ...................., held at ................................
The registration of the said Society has been cancelled on the ground that
...............................................
The Society (subject to the right of appeal given by the Act) shall cease to
enjoy (during such suspension) the privileges of a registered society but without
prejudice to any liability incurred by the Society, which may be enforced against
it as if such cancellation or suspension had not taken place.
Dated this .................... day of ............................ 20 .............
...................................................
Registrar of Friendly Societies
No. 32
FRIENDLY SOCIETIES ACT
ADVERTISEMENT OF DISSOLUTION OF
SOCIETY BY INSTRUMENT
REPUBLIC OF TRINIDAD AND TOBAGO
Office of the Registrar of Friendly Societies, Port-of-Spain
Notice is hereby given that the ........................... (branch of the)
................................ Society, Register No.............. having its registered office
at .................................., in the Island of ...................................... is dissolved
by Instrument, registered at this office the ........................ day of
.............................., 20 .............., unless, within three (3) months from the date
of the Gazette in which this advertisement appears, proceedings be commenced
by a member or other person interested in, or having any claim on, the funds of
the said Society to set aside such dissolution, and the same is set aside
accordingly.
Dated this .................... day of ............................ 20 .............
..................................................
Registrar of Friendly Societies,
Trinidad and Tobago
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
138 Chap. 32:50 Friendly Societies
No. 33
FRIENDLY SOCIETIES ACT
ADVERTISEMENT TO CREDITORS OF FRIENDLY
SOCIETY UPON ITS DISSOLUTION TO SUBMIT THEIR
CLAIMS TO REGISTRAR
Name of Friendly Society: .................................................................................
Register No ................
Public notice is hereby given that all creditors of the above-named Society,
and all persons claiming sick relief, death or other benefits assured by the Society,
are required within fourteen days of the date of the first publication of this
notice, to submit their claims verified by affidavit to the Registrar of Friendly
Societies to be dealt with by him in the manner prescribed by section 76(9) of
the above Act.
Dated this .................. day of .........................., 20 ..........
..................................................
Registrar of Friendly Societies
No. 34
FRIENDLY SOCIETIES ACT
REPUBLIC OF TRINIDAD AND TOBAGO
Office of the Registrar of Friendly Societies, Port-of-Spain
SUSPENSION OR RENEWAL OF
SUSPENSION OF REGISTRATION
Name of Society: ................................................................................................
Register No ................
The registration of the above-mentioned society is hereby [further (*)]
suspended for (any term not exceeding) three months from this date on the
ground that (here state the ground of suspension as in Form 30).
Dated this .................. day of .........................., 20 ..........
..................................................
*This word will be inserted only in case of renewal of suspension.
Registrar of Friendly Societies
Section 76.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 139
No. 35
FRIENDLY SOCIETIES ACT
REPUBLIC OF TRINIDAD AND TOBAGO
Office of the Registrar of Friendly Societies, Port-of-Spain
CANCELLING OF REGISTRATION
Name of Society: ................................................................................................
Register No ...........................
The registration of the above-mentioned Society is hereby cancelled at its
request (or as the case may be. The Registrar may, if he thinks fit, add a statement
as in Form 30 of the ground of the cancelling).
Dated this .................. day of .........................., 20 ..........
..................................................
Section 76.
Registrar of Friendly Societies
On every application to register a Society under section 7 … …
Examining rules submitted with the object of registration under section 7
Registering rules of Society under section 7 … … … …
Granting a certificate of registration of rules of a Society under section 7 …
Issuing to a Society an acknowledgment of registration under section 9 …
Examining any proposed alteration or amendment of rules under section 11:
Not exceeding five (5) rules… … … … …
Exceeding five (5) rules … … … … …
Registering amended rules under section 11 … … … …
Issuing to Society acknowledgment of registration of amended rules and that
same are not contrary to section 11 … … … …
Registration of Branch Societies under section 14 … … …
Acknowledgment of registration of Branch Society and of amendment of
Branch Rules … … … … … …
THIRD SCHEDULE
PART I
FEES TO REGISTRAR
There shall be payable in advance to the Registrar for matters to be transacted and for
the inspection of documents under the Friendly Societies Act the following fees:
$
10.00
10.00
0.50
0.50
0.50
2.00
3.60
0.75
0.75
2.50
1.25
Section 121.
[46/1983].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
140 Chap. 32:50 Friendly Societies
Issuing certificate of change of name … … … …
Registration of each new Trustee or new Trustees registered together …
On sending each year to the Registrar a return under section 26 … …
On submission of return following upon quinquennial valuation under
section 29… … … … … … …
Supplying bonds to Officer under section 50… … … …
Copy of a bond certified under the hand of the Registrar including certificate
of lodgment… … … … … … …
For every document required to be signed or authenticated by the Registrar
not chargeable with any other fee … … … …
For every copy or extract of any document in the custody of the Registrar for
every one hundred and twenty (120) words in addition to the fee for the
signature or authentication of the Registrar… … … …
For every inspection of any document relating to one and the same Friendly
Society. However, the Registrar may dispense with the fee for inspection
of documents in cases where he may consider it for the public interest to
do so or for other good and sufficient reason … … …
On the hearing and determinating of disputes under section 63 a fee not
to exceed … … … … … … …
$
1.25
0.60
2.00
2.50
0.25
0.25
1.25
0.25
0.60
15.00
The Registrar may in any case in which good cause appear to him for so doing,
either remit any part of such fees or suspend payment thereof, until the conclusion of
the hearing of such matters in dispute, in which case he may then award such fees or
any part thereof to be paid as expenses in the manner provided by section 63 of the
Friendly Societies Act.
Hearing of application of Trustees desiring amalgamation or transfer of
engagements under section 65 … … … … …
For an order of the Registrar dispensing with assents, consents or conditions
for an amalgamation or transfer of engagements … … …
Registration of copy of Special Resolution as Memorandum of Association
under section 66 … … … … … …
For registration of an instrument of dissolution or alteration therein …
Cancelling of registration of Society on Conversion into a Company under
section 66 … … … … … … …
Registration of Special Resolution under section 70 … … …
On the cancelling or suspension of registration under section 76 … …
On the application of moneys in hand following the cancelling of registration
of a Society under section 76—A commission of ten per cent of the moneys
so to be applied by the Registrar
Registration of dissolution of Society and making award under sections 77
and 78 … … … … … … …
Attendance in Court on any subpoena to produce any file, form, record, return,
register, account or any other document in the custody of the Registrar …
$
2.50
5.00
1.25
5.00
5.00
0.60
2.50
15.00
2.52
FEES TO REGISTRAR—Continued
NOTE: No fee is payable for any document or copy of a document supplied to a public department.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 141
PART II
AUDITORS’ FEES
Fees prescribed under section 120 of the Friendly Societies Act
1. With effect from 1st January 1971, Societies whose membership is
specified in the first column of the table below—
(a) shall pay to auditors appointed pursuant to this Act the fees
specified in the second column of the Table; and
(b) are eligible to receive contributions from Government towards
the payment of the audit fees to the extent specified in the
third column of the Table.
TABLE
Number of Members Fees Government Contribution
(a) When a society consists of fifty
members or less
(b) When a society consists of more
than fifty and not more than two
hundred members:
For the first fifty members
For each additional twenty-
five or part of twenty-five
members
(c) When a society consists of more
than two hundred members and
not more than one thousand
members:
For the first two hundred members
For each additional fifty or part of
fifty members
(d) When a society consists of more
than one thousand members:
For the first thousand members
50.00
50.00
18.75
162.50
18.75
462.50
Full fees paid
Full fees paid
Full fees paid on membership of up
to 500; 75 per cent of fees paid
on next 1,000 members
50 per cent of fees paid on membership
of 1,501 to 2,500; 25 per cent of
fees paid on next 2,500 members
No refund payable on membership
over 5,000
$ ¢
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
142 Chap. 32:50 Friendly Societies
TABLE—Continued
Number of Members Fees Government Contribution
For each additional hundred or part
of one hundred members
(e) The fees payable in respect of the
audit of the books and accounts of
the District Head Office of an
affiliated Order or Central body of
a society with branches
18.75
50.00
$ ¢
Full fees paid
2. No charge shall be made for travelling or other out-of-pocket expenses, save
with the express leave of the Registrar.
3. The scale of fees given above shall not apply to an accountant appointed by
the Registrar under section 71 of the Friendly Societies Act, payment for whose services
shall be fixed by the Registrar.
4.
5.
(Revoked by LN 46/1983).}
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 143
SUBSIDIARY LEGISLATION
FRIENDLY SOCIETIES REGULATIONS
ARRANGEMENTS OF REGULATIONS
REGULATION
1. Citation and interpretation.
2. Applications to Magistrates.
3. Appeals.
4. Heading and contents of summons.
5. Service of summons.
6. Costs.
7. Books of account to be kept.
8. Inspection and administration report.
9. Balance Sheet.
10. Payment of vouchers.
11. Every society to observe provisions of Act.
12. Appraisement.
13. Keeping of accounts.
14. Insufficient receipts and funds.
15. Annual schedule of investments, etc.
16. Reserve Fund.
17. Payment of Bonus.
18. Annual bonus list.
19. Inspection of last bonus list.
20. Drawing or receiving of bonus.
21. Minutes of meetings.
22. Time of meetings.
23. Notice of general meeting.
24. Notice of special meeting.
25. Statement of accounts to general body.
26. Compliance with Rules relating to loan fund.
27. Loan instalments.
28. Recovery of debt.
29. Deposit of securities.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Friendly Societies Regulations
LAWS OF TRINIDAD AND TOBAGO
144 Chap. 32:50 Friendly Societies
ARRANGEMENT OF REGULATIONS—Continued
REGULATION
30. Voting slip at elections.
31. Method of voting.
32. Election to office.
33. Candidate to be financial.
34. Proposer and seconder.
35. Member may not propose more than one person.
36. Member not to preside at own election.
37. Counting of votes.
38. Age qualification.
39. Probationary members.
40. Failure of an election.
41. Retiring members.
42. Issue of contribution cards.
43. Return of card.
44. Cards to be submitted for audit.
45. Secretary to supply certified list.
46. Discipline.
47. Audit.
48. Annual audit to extend to whole of the accounts.
49. Auditor to make investigations.
50. Auditor to be supplied with list of vouchers, etc.
51. Auditor to examine securities.
52. Verification of Balance Sheet.
53. Statement of funds.
54. Auditor to examine every entry in books.
55. Payment of sum surcharged.
56. Surcharge of unlawful payment or expenditure.
57. Payment of benefits.
58. Benefit in excess of two hundred and fifty dollars.
59. Auditor may make recommendations.
60. Travelling expenses.
61. Auditor’s failure to comply.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Friendly Societies Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 145
62. Determining a levy.
63. Recording of levy.
64. Levy not to exceed certain sum.
65. Additional levies.
66. Rent-roll.
67. Issue of certificate by trustees.
68. Anniversary expenses.
69. Bonds.
70. Alteration and execution of bonds.
71. Bond may be continuing.
72. Reduction of benefits.
73. Resolution to be sent to Registrar.
74. Nominations.
75. Funeral expenses.
76. Funeral expenses may be defrayed out of moneys payable on death.
77. Right of examination of members.
78. Inspections and enquiries.
79. Declaring person pensioner.
80. List of pensioners.
81. Pensioner may become ordinary member.
82. Pensioner not to be affected by status of ordinary member.
83. Leave entitlement.
84. Acting appointments.
85. Grants to retiring officers.
86. Forms, returns, etc.
87. Voting at meetings.
REGULATION
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
LAWS OF TRINIDAD AND TOBAGO
146 Chap. 32:50 Friendly Societies
FRIENDLY SOCIETIES REGULATIONS
deemed to be made under section 120
1. (1) These Regulations may be cited as the Friendly
Societies Regulations.
(2) In these Regulations—
“auditor” includes every person appointed under the provisions
of the Act to audit, examine, verify, surcharge, allow or
disallow the accounts of a society or branch;
“secretary” includes any officer appointed under the Rules of a
society or branch to assist the secretary in the discharge of
his duties.
2. All applications for the approval by a Magistrate of the
cancellation of the registration of a society under section 76(1)(a)
of the Act, shall be made in the form numbered 29 in the Second
Schedule to the Act.
3. Appeals to a Judge under sections 10(1), 11(3), 17(2) and
76(8) of the Act shall be brought in the High Court by the party or
society affected, and shall be commenced by Originating Summons
returnable before a Judge sitting in Chambers; the summons shall
be taken out within thirty days of the decision of the Registrar in
cases under sections 10(1) and 11(3), of the refusal of the officer
of the society concerned in cases under section 17(2), and of the
date of the Gazette in which the advertisement of the dissolution
or suspension of registration of a society appears in cases under
section 76(8) of the Act. The Rules of the Supreme Court from
time to time in force shall (except in and so far as otherwise
provided by these Regulations) apply to all proceedings in any
such appeal.
4. The summons shall be headed with a reference to the Act,
and also with a reference to the decision of the Registrar or
Magistrate or officer of the society which is appealed against, and
shall contain a concise statement of the grounds of the appeal, and
no grounds other than those comprised in the statement shall be
allowed to be taken by the appellant at the hearing of the summons.
18 of 1950.
(2nd Sch.).
[46/1983].
Citation and
interpretation.
Applications to
Magistrates.
Appeals.
Heading and
contents of
summons.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Friendly Societies Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 147
5. The summons shall be served on the Registrar (save in the
case of an appeal under section 17(2) of the Act when service shall
be effected on the officer of the society refusing or omitting to
grant a certificate of secession or expulsion) not less than fourteen
days before the date on which it is made returnable, and the Judge
may at the hearing or adjourned hearing of the summons direct
that the same may be served on any other person or persons that
the Judge may think proper.
6. In all proceedings on any such appeal the costs of and
incidental thereto, including the costs of and incidental to any
proceedings before the Registrar or Magistrate, shall be in the
discretion of the Judge.
7. The committee of management of every society and branch
shall cause proper books of accounts to be kept, including a blotter,
cash books for both the secretary and the treasurer, a register of
members, a record of benefits paid to members and a general ledger
so arranged as to exhibit on one side all the sums at the debit of the
account of each particular fund or benefit assured by the society
and on the other all the sums at the credit of each account.
8. The committee of management of every society or branch
shall file with the Registrar half-yearly an inspection and
administration report to be signed by every member thereof as to
his having personally inspected the books and accounts, funds and
effects of the society or branch and as to the same having been
found to be correct and in order or otherwise as the case may be.
The report shall be in the Form numbered 21 set out in Part IV of
the Second Schedule to the Act or as near as may be, as the
circumstances of the case shall require.
9. The annual Balance Sheet of every society and branch
shall contain a statement as to the amount carried to the Reserve
Fund established under section 114 of the Act during the year
under review.
Service of
summons.
Costs.
Books of
account to be
kept.
Inspection and
administration
report.
Second
Schedule.
Balance Sheet.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Friendly Societies Regulations
LAWS OF TRINIDAD AND TOBAGO
148 Chap. 32:50 Friendly Societies
10. Proper vouchers shall be obtained for every payment.
Every receipt given by an illiterate, infirm or other person incapable
of writing to a society or branch in respect of money payable under
or by virtue of its Rules or of the Act for a benefit arising out of the
death of a member or any other person shall be witnessed by a
Justice of the Peace, an Attorney-at-law, Medical Practitioner,
Minister of Religion, or a member of the Trinidad and Tobago
Police Service not below the rank of corporal.
11. The following provisions shall be observed in every society
and branch:
(a) all cash balances must be paid into the bank on
the last day of the period to be reviewed;
(b) the books shall be balanced and the statements
for audit prepared in duplicate prior to the handing
over of the accounts to the auditor. The Secretary
shall sign the receipts and expenditure account
and Balance Sheet before they are submitted to
the auditor;
(c) for the purpose of audit all vouchers of payment
shall be arranged in the order of the dates of entries
made in the treasurer’s cash book of the year to
be reviewed;
(d) all bankers’ Pass Books, made up to the end of
the period under review, must be at hand at the
time of audit;
(e) the funds of the society or branch shall be invested
in strict accordance with the provisions of the Act.
The investment of moneys on notes of hand and
other personal securities is not legal;
(f) the funds of a society or branch shall not be
employed or used for promoting excursions, or
in alms-giving, donations to public causes or
funds except in accordance with the provisions
of section 35 of the Act, or to officers or members,
or for rallies, dances, balls, concerts, or other
Payment of
vouchers.
Every society to
observe
provisions of
Act.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Friendly Societies Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 149
social occasions or enterprises. The said funds
shall only be used in furthering, the objects of a
society or branch and not otherwise;
(g) the funds of a society or branch shall not be used
for furnishing refreshments for the general body
or officers and members of the committee of
management save that a sum not exceeding
seventy-five cents may be expended monthly in
providing ice for the use of the officers and
members of the committee of management in
session;
(h) the financial year of every society and branch shall
end on the last day of December.
12. If at any time it appears to the Registrar that in the return
prepared and delivered to him under section 26 of the Act the value
placed by any society or branch upon the real property owned by
it or any parcel thereof is too great, or too small, or that the value
of any other investments of the funds therein stated is greater or
less than the value of the investments shown on the return, he may
either require the society or branch to secure an appraisement of
the real estate or the security by some competent valuator, or may
himself procure the appraisement at the expense of the society or
branch, and the appraised value, if it varies materially from the
return made by the society or branch, may be substituted therefor.
13. If, at any time, it appears to the Registrar that the accounts
of a society or branch are not kept in such a manner as to show
correctly the state and condition of the society or branch as required
under the Act, the Registrar may nominate an auditor or accountant
to give such instructions as will enable the officers of the society
or branch to keep the accounts correctly thereafter, and the cost
thereof shall be borne by the society or branch.
14. If the Registrar, upon inquiry or other examination, or from
the returns, or from the special report of an auditor, or upon other
evidence, finds that the receipts and funds of a society or branch
Appraisement.
Keeping of
accounts.
Insufficient
receipts and
funds.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Friendly Societies Regulations
LAWS OF TRINIDAD AND TOBAGO
150 Chap. 32:50 Friendly Societies
are insufficient to justify the continuance of the current expenses
of management and administration or of any other expenses, or
that the rates of salaries or other allowances paid to its officers and
members are excessive, unfairly discriminatory, or otherwise
unreasonable, he may call upon the society or branch to reduce the
whole or any item thereof and may fix a limit therefor which shall
in no case be exceeded until further direction from him.
15. Once in every year, not later than 31st March, a schedule
of all investments and property, real and personal, of, belonging or
mortgaged to a society or branch showing the value thereof, as at
the preceding 31st December, and the rents, profits or interest
arising annually therefrom, shall be prepared and signed by the
secretary and checked and countersigned by the trustees and hung
up in a conspicuous place at the registered office of the society or
branch or laid on the table of the secretary for inspection of
members, for the space of two months or during at least four
consecutive meetings of the society or branch, whichever is the
less. A copy of every such annual schedule in respect of the year
under review shall be produced by the secretary to the auditor at
the annual audit of the society or branch.
16. No bonus or payment in the nature thereof shall be paid or
made out of the Reserve Fund of a society or branch established
under section 114 of the Act.
17. In the case of a society or branch whose Rules provide
for the payment of bonus annually to its members the committee
of management shall depute yearly such officers and members,
as it may think fit, to draw up and prepare the bonus list of the
society or branch and pay the amounts respectively payable to
members therein appearing. For the due and proper fulfilment of
such duties there shall be allowed to the officers and members
deputed as aforesaid allowances on the moneys so paid out at
the following rates:
two per cent on the amount distributed up to five
thousand dollars;
Annual schedule
of investments
etc.
Reserve Fund.
Payment of
Bonus.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Friendly Societies Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 151
one per cent on the next five thousand dollars or any
part thereof;
one-half per cent on any additional amount.
The allowances herein provided shall be based on the aggregate
of the net amount paid out and shall be divisible among such officers
and members in such proportions as the committee of management
shall decide.
18. Where by the Rules of a society or branch, provision is
made for the payment of bonus to members the annual bonus list
shall be prepared in the forms set out in Part IV of the Second
Schedule to the Act and shall contain a statement as to the bonus
declared by the society or branch for the year under reference,
the registered number of and name of every member entitled to
bonus under the Rules of the society or branch, the deductions to
be made, if any, against every such member respectively, the
balance or amount individually receivable by every such member,
and his receipt therefor, the aggregate amount paid out as bonus
for the said year, and a certificate signed at the foot or end thereof
by the officers and members deputed by the committee to execute
the payments that the same have been duly and truly effected.
The mark or signature of an illiterate person in receipt of bonus
shall be witnessed by an independent person. Every person
receiving bonus shall produce his or her current contribution card
for stamping.
19. The treasurer of every society and branch shall lay the last
bonus list of the society or branch duly certified by the officers
and members required, on his table for the inspection of members
for the space of two months or during at least four consecutive
meetings of the society or branch, whichever is the less, following
payment thereof.
20. No officer or servant of a society or branch shall draw or
receive any bonus for or on behalf of a member of the society or
branch except at the express desire in writing of the member or on
production of the member’s card.
Annual bonus
list.
Second
Schedule
Inspection of
last bonus list.
Drawing or
receiving of
bonus.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Friendly Societies Regulations
LAWS OF TRINIDAD AND TOBAGO
152 Chap. 32:50 Friendly Societies
21. Every society shall cause full and proper minutes of all
proceedings of its general and special meetings and of all
committee meetings to be entered in a book or books kept for
the purpose.
22. Notwithstanding anything in the Rules of a society or
branch to the contrary no meeting of any kind whatsoever shall
take place or continue, and no subscriptions, levies or fines or other
moneys shall be paid into the funds of a society or branch or to
any officer thereof, between the hours of eleven o’clock in the
night and six o’clock of the following morning.
23. It shall not be necessary to give or serve notice of any
general or regular meeting, the time or times for the holding of
which are specifically stated in the Rules of a society or branch,
upon any member respectively thereof, anything to the contrary in
the Rules or constitution of the society or branch notwithstanding.
24. Notice of a special meeting of a society or branch shall be
deemed to have been given or served upon every member of the
society or branch if a notification thereof is stuck up in a
conspicuous place in the registered office of the society or branch,
as the case may be, for at least fourteen clear days previous to the
special meeting, or in the alternative, if notice thereof is published
once a week in a daily newspaper circulating in Trinidad and
Tobago during at least two consecutive weeks immediately prior
to the special meeting, anything to the contrary in the Rules or
constitution of the society or branch notwithstanding.
25. The committee of management shall present yearly to
the general body in general meeting a statement of accounts with
respect to the operation of the society’s loan fund, if any, showing
the loans outstanding, deposits on hand, a report as to the
instalments or repayments due and unpaid, the action proposed
to be taken in each case and a general review of the operation of
the fund.
Minutes of
meetings.
Time of
meetings.
Notice of
general meeting.
Notice of.
special meeting.
Statement of
accounts to
general body.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Friendly Societies Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 153
26. Notwithstanding the functions or powers of any other
committee under the Rules of a society the committee of
management shall satisfy itself that the provisions of the Act, and
of any Regulations thereunder, and all Rules relating to the
operation of a loan fund, have been complied with, and shall
consider whether there has been any alteration in the status of any
borrower or his sureties, if any, which would justify special action
being taken for the termination of any loan.
27. If the loan is repayable by instalments the borrower shall
be supplied with a card or book (for which he shall pay a sum not
exceeding six cents) in which shall be recorded the amount and
the terms of the loan and in which the instalments repaid shall be
entered and initialled by the officer to whom the money is paid.
28. Except in the cases where the committee of management
renews a promissory note at maturity so soon as the debt or moneys
due in respect of any loan made from a loan fund shall become
due and payable by a member to a society, the committee of
management shall, except for good cause, forthwith take all
reasonable and necessary steps to sue for recovery and receive
such debt or moneys and all interest due thereon together with all
legal, usual and customary costs, charges and expenses.
29. Except the Registrar shall otherwise order, the trustees of
every society or branch shall deposit any securities, State Grants
and other muniments of title held by them relating to the society
or branch or to the property of the society or branch in the aggregate
exceeding the value of five thousand dollars with any banker or
banking company or any other company whose business includes
the undertaking of the safe custody or control of documents, and
any sum payable in respect of the deposit shall be paid out of the
funds of the society or branch.
30. Every financial member of a society or branch shall at
any meeting held for the election of an officer or officers on
production of his current contribution card, be furnished with a
voting slip, if the chairman thinks it necessary, at the registered
office or other place of meeting where the election is to take place.
Compliance
with Rules
relating to loan
fund.
Loan
instalments.
Recovery of
debt.
Deposit of
securities.
Voting slip at
elections.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Friendly Societies Regulations
LAWS OF TRINIDAD AND TOBAGO
154 Chap. 32:50 Friendly Societies
31. At all meetings of a society or branch voting shall be
by ballot or show of hands as required by the Rules of the society
or branch.
However, where the Rules are silent, the majority of financial
members present shall determine which of such methods shall be
followed. Only financial members present and entitled to vote under
the Rules of the society or branch may vote. No member shall vote
for more than one candidate for one office. A member shall in no
circumstances whatsoever vote by proxy.
32. Not more than one office may be voted for at one time.
Officers shall not be elected en bloc save in the case of the election
to office of the entire committee of management by acclamation,
that is to say, without any dissentient vote or protest.
33. Except in the case of the office of trustee, no person shall
be a candidate for any office unless he is a financial member of the
society or branch.
34. No candidate shall be submitted for election except his
proposer and seconder are both financial members of the society
or branch.
35. No member may propose or second more than one person
for one office.
36. No member may preside at his own election or re-election
to office.
37. (1) Two or more tellers, as the case may be, shall be
appointed by the chairman for the purpose of counting the votes.
(2) If the chairman thinks it necessary, votes may be
counted in groups, that is to say, those supporting candidate A may
be collected into one group; those supporting candidate B may be
collected in another group, and so on, with the formation of as
many groups as there are candidates.
Method of
voting.
Election to
office.
Candidate to be
financial.
Proposer and
seconder.
Member may
not propose
more than one
person.
Member not to
preside at own
election.
Counting of
votes.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Friendly Societies Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 155
38. A member under the age of twenty-one years shall not
hold an elective office in a society or branch.
39. Probationary members, that is to say, members who have
not yet qualified for benefits, are not eligible for office.
40. In the event of the failure of an election in respect of any
office, those previously appointed shall continue in office pending
the holding of a valid election as respects the office. Every officer
shall remain in office until the installation of his successor.
41. Where the Rules of a society or branch are silent retiring
members shall be eligible for re-election.
42. The committee of management of every society and branch
shall issue to every member a contribution card in the prescribed
form, and the secretary shall enter thereon from time to time all
payments made by the member in respect of entrance fee, monthly
or weekly contributions, as the case may be, anniversary,
subscription, levies, dues, fines, arrears and other payments made
under the Rules of the society or branch. Every entry shall be
initialled by the secretary. Every card shall contain the necessary
columns to provide for all the above entries from 1st January to
31st December in any one year. No card shall be issued to a member
unless and until it is signed by the secretary and the president.
43. Every card whenever issued shall be returned to the
secretary as soon as possible after 31st December of the year of its
issue but in no event later than 31st January of the year following
its issue, and no card for the following year shall be issued to a
member until he has returned his card for the previous year or
satisfactorily accounted for its loss. The secretary shall furnish the
committee of management with a list of those members who have
failed to return their cards by the 31st January as required hereunder
and the committee of management of a society shall enquire into
the reason or reasons for the non-return of every card not on the
list, and may impose a fine not exceeding five dollars on any
member of the society who has failed so to return his card.
Age
qualification.
Probationary
members.
Failure of an
election.
Retiring
members.
Issue of
contribution
cards.
Return of card.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Friendly Societies Regulations
LAWS OF TRINIDAD AND TOBAGO
156 Chap. 32:50 Friendly Societies
44. All cards returned by members shall be kept by the
secretary and submitted for audit along with the list showing the
action taken in each case by the committee of management as
respects those members who have failed to return their cards as
hereunder provided.
45. The secretary of every society or branch shall supply the
auditor for the purposes of the annual audit with a certified list of
the amount of contributions, dues, levies, and fines in arrear as
respects every individual member in respect of every particular
fund for the year under review; and the auditor shall check and
verify the items therein appearing with the register of members
and contribution cards of the society or branch.
46. Every society and branch shall under its Rules have full
power and authority to enforce discipline among its members and
obedience to its said Rules and to expel or otherwise discipline its
members. However, notwithstanding anything to the contrary
contained in the Rules of a society or branch a member shall be
entitled to be fully informed of any charges against him, with the
opportunity to be heard in his own defence, before he can lawfully
be suspended or deprived of membership.
47. The accounts of every society and branch shall close on
31st December in every year, and shall be submitted together with
vouchers, receipts, and all other supporting documents not later
than 31st May in each year to audit at the cost and charge of the
society or branch to a person nominated by the Minister.*
48. (1) The annual audit under the Act shall extend to the
whole of the accounts of the society or branch.
(2) The auditor shall make himself acquainted so far as
necessary for the purpose of the audit with the provisions of the
*Delegation of powers to—
(a) Minister of Health and Social Services (GN 34/1957);
(b) Minister of Social Services (GN 55/1958).
Cards to be
submitted for
audit.
Secretary to
supply certified
list.
Discipline.
Audit.
Annual audit to
extend to whole
of the accounts.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Friendly Societies Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 157
Act, any amendment thereto and the Regulations made thereunder,
and with the Rules of the particular society or branch, the accounts
of which he is auditing.
(3) The auditor shall satisfy himself—
(a) as to the accuracy and sufficiency of the books
and accounts of the society or branch and that all
transactions of the society or branch are correctly
and adequately recorded therein;
(b) that all payments made are duly vouched and have
been authorised in the manner prescribed by the
Act, or by these Regulations;
(c) that so far as reasonably practicable all sums
received and all payments made by the society or
branch for the period have been brought to
account;
(d) that where separate contributions are paid to
particular funds these have been stated separately
and that any payments from the funds have been
correctly charged thereto; and
(e) that the accounts submitted to him for audit are
drawn up in the form and disclose such particulars
as are prescribed or required under the Act or by
these Regulations.
(4) Should there be errors in the annual return, or in the
books, accounts, vouchers or other documents submitted to the
auditor, the books, accounts, vouchers or other documents shall
be returned (at the cost of the society) for correction or adjustment,
unless the auditor is requested by the society to correct the
inaccuracies, in which case he shall be entitled to claim an
additional fee to be arranged between him and the society, the
amount however, to be paid personally by the officer or officers
respectively responsible for the particular error or errors, as the
case may be. In the event of any dispute arising between the society
and the auditor relating to any matter or thing under this section
either party shall be at liberty to refer the same to the Registrar
whose decision shall be final.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Friendly Societies Regulations
LAWS OF TRINIDAD AND TOBAGO
158 Chap. 32:50 Friendly Societies
49. For the purpose of carrying into effect the provisions of
the Act and of these Regulations the auditor shall at every audit
make such investigations as may be necessary, interrogate officers
or persons concerned and examine accounts.
50. Where any accounts of a society or branch are to be audited
by an auditor appointed under the provisions of the Act the secretary
of the society or branch shall make out and deliver to the auditor a
list in writing of all vouchers, receipts, invoices and other
supporting documents and the books of the society or branch in
which the accounts of the society or branch are kept.
51. The auditor of every society or branch shall at every audit
personally examine the securities, State Grants and other
muniments of title belonging to the society or branch where these
are in the possession of the society or branch, or he shall obtain a
certificate from the Bank of what securities, State Grants or other
muniments of title the Bank holds for the society or branch in safe
keeping at the close of business on the day to which the accounts
are made up and audited.
52. Every auditor shall verify every annual Balance Sheet
and shall either certify that it is correct and in accordance with
law, or specially report to the society or branch and the Registrar
in what respect he finds it defective, incorrect, or not in
accordance with law.
53. The person appointed to audit the accounts of a society or
branch shall send to the Registrar within three months of the
accounts being submitted to him for audit a statement of the funds
or affairs including receipts and expenditure and a copy of the
Balance Sheet of the society or branch made out to the preceding
31st December together with full, honest and true answers to the
questionnaire addressed to him by the registrar relating to the books
and accounts of the society or branch and in the event of there
being any misapplication or wrongful withholding of the funds,
moneys or property of the society or branch by any person or
persons a special report thereon.
Auditor to make
investigations.
Auditor to be
supplied with
list of
vouchers etc.
Auditor to
examine
securities.
Verification of
Balance Sheet.
Statement of
funds.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Friendly Societies Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 159
54. (1) Upon every audit of the accounts of a society or branch
the auditor shall examine every entry in the books of the society or
branch; and under no circumstances whatsoever may the accuracy
of the accounts be verified by test checks.
(2) The auditor shall demand a voucher for every item of
expenditure and in the case of sick, death and funeral benefits to
compare the books of account with the contribution cards of those
who received the benefits, and to satisfy himself that those who
received the benefits were in good compliance or standing and
entitled to be paid.
(3) The auditor shall also require to be produced a
certificate of death, in accordance with the provisions of section 56
of the Act, in respect of every death and funeral benefit paid by the
society or branch.
55. Any sum surcharged by the auditor or any balance
certified by him to be due shall be paid into the office of the
Registrar by the person or persons who are surcharged or from
whom the balance is certified to be due within thirty days after
delivery of the special report to the society or branch and to the
Registrar, and if not paid within the time aforesaid, the person or
persons in default may be proceeded against in accordance with
the provisions of the Act. In the event of default being made by
any such person the surety or sureties of such person shall be
informed in writing of the default by the Registrar and unless the
amount due shall be paid by the surety or sureties into the office
of the Registrar within a period of thirty days after the demand,
the surety or sureties may be proceeded against in accordance
with the provisions of the Act. In the event of any person or
persons dying without having fully paid the sum surcharged or
balance certified to be due, the same may be recovered by the
Registrar as a civil debt from the legal personal representatives
of the deceased person or persons. On any proceedings under
this Regulation a certificate purporting to be signed by the auditor
shall be conclusive evidence of the fact certified.
Auditor to
examine every
entry in books.
Payment of sum
surcharged.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Friendly Societies Regulations
LAWS OF TRINIDAD AND TOBAGO
160 Chap. 32:50 Friendly Societies
56. If it appears to any auditor to whom the accounts of a
society or branch have been submitted under the Act, that any item
of account is contrary to law, or that any money or income which
ought to have been brought into account has not been so brought
into account, the auditor shall disallow the item of account and
shall in his special report surcharge the amount of any unlawful
payment or expenditure, or of any loss or deficiency, upon the
committee of management of the society or branch, or upon any
officer or member thereof, or upon any other person by whose
negligence or wrongful act that payment or expenditure has been
made or authorised or that loss or deficiency has been incurred.
However, any item of account disallowed or surcharged by the
auditor may be reviewed by the Registrar and the disallowance or
surcharge varied or remitted by him if he is of opinion that in the
circumstances of the case it is fair and equitable to do so.
57. Where in the opinion of an auditor the annual return or
Balance Sheet of a society or branch shows that the society or
branch is not in a position to provide for the payment of its benefits
at the rates in force without increase in its existing rates of
contribution or that owing to depletion in membership, excessive
mortality, sickness, epidemic, or other cause, its funds are
insufficient or are likely to be insufficient to provide in the future
for the payment thereof, he shall specially report the same to the
Registrar and in the report shall set out all material facts relating
to its financial condition as in his opinion warrant alteration in its
existing rates of contribution. The Registrar after consideration of
the report may call upon the society or branch to make within such
time as he may fix, but not exceeding six months, such increase in
its rate of contributions as will enable the society or branch to
provide for the payment of its benefits at the rates in force, or
alternatively such reduction in the benefits payable by the society
or branch, as will permit and justify its continuance upon a sound
and solvent basis.
58. The Registrar may appoint an actuary, auditor, accountant,
or other qualified person to review for any period the operation of
any society or branch proposing or intending to give a benefit
Surcharge of
unlawful
payment or
expenditure.
Payment of
benefits.
Benefit in
excess of two
hundred and
fifty dollars.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Friendly Societies Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 161
payable on the death of a member exceeding two hundred and
fifty dollars, and make a report to him on the financial condition
of the society or branch and the adequacy or otherwise of the
subscriptions received by the society or branch or of its funds to
support the benefits or bonus moneys payable by the society or
branch having regard to the obligations or liabilities of the society
or branch under its Rules or any proposed Rules, the cost of every
such report to be borne and paid by the society or branch.
59. Every auditor shall, if he thinks fit, set out, in answer to
the questionnaire submitted to him under the Act in relation to the
audit of the accounts of a society or branch, such requirements
and recommendations as he may think desirable for the better
operation of the society or branch or the better arrangement of its
accounts, and in the discretion of the Registrar effect shall be given
thereto by the committee of management within such time as may
be directed by him.
60. Auditors are not entitled to travelling expenses save with
the express leave of the Registrar. Books and documents must be
delivered or posted to the auditor. Each society and branch must
take delivery of the books and documents from the auditor at its
own expense. Delivery by an auditor to a society or branch of the
annual return, Balance Sheet and special report or any other
document relating to an audit may be transmitted through the post
free, the envelope or cover being franked “T.T.G.S.” and
superscribed in clear legible handwriting with the signature and
designation of the sender and the date sent, for the purpose.
61. Every auditor who fails to comply with any of the
provisions of these Regulations imposing a duty on him is liable
on summary conviction to a fine of five hundred dollars.
62. The committee of management in determining a levy
authorised by the rules of a society or branch shall exercise a
reasonable and honest discretion in estimating the amount that the
levy may be expected to realise. The committee shall not make a
larger or heavier levy than that which reasonably suffices to satisfy
the purpose for which the levy may lawfully be made.
Auditor may
make
recommendations.
Travelling
expenses.
Auditor’s failure
to comply.
Determining a
levy.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Friendly Societies Regulations
LAWS OF TRINIDAD AND TOBAGO
162 Chap. 32:50 Friendly Societies
63. A book shall be kept for the purpose of recording all levies
imposed upon members by a society or branch during each year,
and of the estimated results of the levies, and of the reason for
each such levy, and of the purposes for which the moneys arising
thereby have been applied. The record shall contain the particulars
in the form set forth in Part IV of the Second Schedule to the Act.
64. Notwithstanding anything to the contrary contained in
the Rules of a society or branch, the society or branch shall not,
save with the written consent of the Registrar, impose a levy or
levies which shall in the aggregate in relation to a Building Fund
exceed the sum of five dollars, or in relation to a Banner Fund
the sum of one dollar respectively, payable by any member of
the society or branch.
65. The committee of management may make such additional
levies from time to time upon all members of the society or branch
as is necessary, in the opinion of the committee of management, to
prevent any deficit arising in the management fund, and the
additional levies shall be binding on the members of the society or
branch notwithstanding anything to the contrary contained in the
Rules or constitution of the society or branch.
66. Where a portion of the income of a society or branch is
derived from the receipt of rents a proper rent-roll shall be kept by
the society or branch, and every society and branch owning or
holding property bringing in rent shall pay a commission at the
usual or customary rate to an agent or other person on the amount
of rent collected by him. Where a society or branch has paid any
sums by way of commission in respect of the collection of rent the
amount so paid or allowed shall be stated on the rent-roll of the
society or branch.
67. (1) Where the Rules provide that elections be held or that
financial officers be appointed semi-annually or at any other time
during a financial year, the committee of management shall cause
a proper check of the books of account to be made at the time of
Recording of
levy.
Second
Schedule.
Levy not to
exceed certain
sum.
Additional
levies.
Rent-roll.
Issue of
certificate by
trustees.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Friendly Societies Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 163
the election or appointment and a certificate shall thereupon be
issued under the hands of the trustees to the treasurer certifying
the amount of cash in his hands on the date the check was made.
(2) A similar check shall be made at the end of a financial
year and a similar certificate issued by the trustees, and the balance
found to be in the hands of the treasurer shall thereupon be forthwith
deposited by the treasurer in a savings bank and the receipt or
deposit slip produced to the trustees. The trustees shall provide the
treasurer with moneys required by him for the purposes of the
business of the society if necessary.
68. A detailed statement of receipts and expenditure in
connection with the annual Anniversary celebrations of every
society shall be prepared yearly by the officer or officers responsible
therefor and presented to the committee of management with the
necessary supporting vouchers, invoices and documents. The
statement shall be submitted for audit by the society together with
its accounts.
69. (1) In all cases where under the Rules of a society or
branch a bond is required to be given by a treasurer, the bond shall,
except where the Registrar otherwise orders, be given in an amount
not less than double the amount of money to be placed in the
possession or control of the treasurer and with at least one surety
in a like sum.
(2) In no case under the Rules of a society or branch
may the bond required to be given by any other officer having
receipt or charge of money be less than one-half of the amount
required from the treasurer, with at least one surety in a like sum.
(3) In all cases under the Rules of a society or branch
the bond required to be given by a trustee shall, except where the
Registrar otherwise orders, be in a sum not less than one thousand
dollars with at least one surety in a like sum.
70. Bonds shall be attested by a Justice of the Peace or
Commissioner of Affidavits who shall take care, as far as possible,
Anniversary
expenses.
Bonds.
Alteration and
execution of
bonds.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Friendly Societies Regulations
LAWS OF TRINIDAD AND TOBAGO
164 Chap. 32:50 Friendly Societies
that the sureties to bonds are responsible persons. Sureties to bonds
must testify. Every bond shall upon execution be filed in the office
of the Registrar without the payment of any fee.
71. A bond may be continuing to the extent that an officer
re-elected to the said office in a society or branch for a consecutive
term or terms need not furnish a fresh bond, and the surety thereto
may therein undertake to become bound, without further
attestation, in respect of any such consecutive term or terms of
office to be held by the principal in the society or branch. The
committee of management of every society or branch shall at
least once in every year verify the existence of the sureties to
bonds furnished by officers.
72. In the event of any epidemic, excessive sickness,
emergency or other unforeseen contingency impairing the funds
of a society or branch the committee of management of the society
or branch may by a resolution of the majority of its members reduce
the benefits payable or afforded under its Rules or impose a special
levy or levies upon the members of the society or branch and the
reduction of benefits or special levy or levies shall be binding on
the members of the society or branch notwithstanding anything to
the contrary contained in its Rules or constitution.
73. Where the committee of management of a society or
branch determines by resolution to reduce the amount payable
in respect of any benefit under its Rules on the grounds of
epidemic, excessive sickness, emergency or for other good
cause, a copy of every such resolution signed by the secretary
and countersigned by the president or chief executive officer
of the society or branch shall be sent to the Registrar and until
that copy is so sent and an acknowledgment received therefor
the resolution shall not take effect. The committee of management
shall also cause a notification of every such reduction of benefit to
be hung up in a conspicuous place in the registered office of the
society or branch for a period of not less than two months or to be
mentioned during at least four consecutive general meetings of
the society or branch, whichever is the less.
Bond may be
continuing.
Reduction of
benefits.
Resolution to be
sent to Registrar.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Friendly Societies Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 165
74. Every nomination made by a member, and every revocation
and variation of a nomination, shall be recorded by the society or
branch, and for that recording the Rules of the society or branch
may require the member to pay a sum not exceeding one dollar.
75. Before any account in respect of the funeral expenses of
a deceased member of a society or branch is paid by the society
or branch under the provisions of section 53(3) or section 54(1)
of the Act, the same shall be submitted for the consideration and
verification of the Registrar who shall examine and compare the
amount or amounts stated therein with current rates and if any
amount set forth therein is unreasonable, excessive, irrelevant or
not bona fide such amount shall not be payable out of the funds
of the society or branch. No society or branch shall be liable to
be sued in respect of any amount disallowed as aforesaid by
the Registrar.
76. When a person is at the time of his death a member in
good standing of more than one society or branch his funeral
expenses shall, unless he has otherwise directed, be defrayed out
of the moneys payable on his death by such societies or branches
in proportion to the respective amounts payable by such societies
or branches, and the balance thereof shall be paid to those entitled
or the nominee or nominees as the case may be. Any person having
a claim to any such moneys may require an account of the funeral
expenses to be submitted to the Registrar and the previous
regulation shall be applicable to the same mutatis mutandis. This
regulation shall also be applicable where a society or branch has
under section 53(3) or section 54(1) of the Act paid or become
liable for the payment of the funeral expenses of a deceased member
who was at the time of his death also a member in good standing
of other societies or branches. The Registrar may at any time call
upon a society or branch to submit to him a statement or account
showing the manner in which the moneys paid or payable by it on
the death of the member have been applied, the name or names of
the person or persons to whom the same have been so paid and the
balance, if any, in its possession. Upon the Registrar certifying the
Nominations.
[46/1983].
Funeral
expenses.
Funeral
expenses may
be defrayed out
of moneys
payable on
death.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Friendly Societies Regulations
LAWS OF TRINIDAD AND TOBAGO
166 Chap. 32:50 Friendly Societies
sum so due to any person hereunder and the person or persons by
whom the same is payable such sum shall be recoverable at law as
a debt by such person against the person or persons by whom the
same is payable.
77. The committee of management of every society and branch
shall have the right, and every member of every such society and
branch shall afford to the committee of management of the society
or branch, an opportunity to examine, through its medical, dental
or optical officer, as the case may be, the person of the said member
when and as often as it may reasonably require while a claim for
benefits is pending or within a reasonable time thereafter
notwithstanding any provisions contained in the Rules or
constitution of the society or branch to the contrary.
78. (1) The Registrar or any person authorised in writing
under section 72 or 73 of the Act shall, in addition to any other
powers, authorities and privileges assigned to him respectively
thereunder, have power to do all or any of the following things:
(a) to make such examination and enquiry as may be
necessary to ascertain whether the provisions of
the Act relating to a society or branch are
complied with;
(b) to enter the registered office or place of meeting
of the society or branch and inspect any cards,
vouchers, documents, accounts, returns, books,
ledgers, funds, securities, moneys and effects of
the society or branch thereof at all reasonable
times of the day or night, but so as not to impede
or obstruct the working of the society or branch;
(c) to examine into the administration of benefits by
the society or branch and make enquiries
respecting the state and condition of any member
of the society or branch and for such purposes to
enter any premises where he is, or may be, stated
to be, at all reasonable hours during the daytime;
Right of
examination of
members.
Inspections and
enquiries.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Friendly Societies Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 167
and to examine into the payment of the benefits
paid, alleged to have been paid, or required to be
paid, to him under the Rules of the society or
branch, from time to time in force, and all or any
matters and things connected with or relating to
the health, care and treatment of members of the
society or branch in receipt of benefits or claiming
the same and the imposition or attempted
imposition by members in respect of any benefits
upon the funds of the society or branch; and
(d) to exercise such other powers as may be necessary
for carrying the Act into effect.
(2) Every person authorised as aforesaid shall be
furnished by the Registrar with a certificate of his appointment,
and on applying for admission to any premises or place for the
purposes of the Act or these Regulations shall, if so required,
produce the certificate.
79. No society or branch shall save by resolution of a majority
of the members present and entitled to vote in general meeting
declare any person to be a pensioner on its funds. At least fourteen
(14) days’ notice of the meeting and intended resolution shall be
given to such person. Every pensioner shall be provided without
charge with a card or document signed by the secretary and
countersigned by the president containing the name and registered
number of the society or branch, the name, age and address of the
person declared to be a pensioner, the reason for the declaration
and the date from which the person is declared to be a pensioner
as aforesaid.
80. Every society and branch shall keep and maintain in a book
(to be known as the List of Pensioners) a list of the pensioners
upon its funds, and the secretary shall immediately duly record
therein the particulars herein required of every person declared to
be a pensioner of the society or branch. Every such list shall contain
the name, age, address, and reason for the declaration of
Declaring
person
pensioner.
List of
pensioners.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Friendly Societies Regulations
LAWS OF TRINIDAD AND TOBAGO
168 Chap. 32:50 Friendly Societies
pensionable status in respect of every person recorded therein and
shall be open to inspection at all reasonable times by members of
the society or branch without fee.
81. Nothing herein shall prevent a member who has become a
pensioner of a society or branch from being by majority vote of
the members present and entitled to vote at a general meeting of
the society or branch taken off the List of Pensioners and from
regaining his previous status as an ordinary member subject to
such terms and conditions as the society or branch may impose. A
note to such effect shall however be made by the secretary in the
List of Pensioners against the name of every pensioner who has
gained his status as an ordinary member and the date thereof.
82. Notwithstanding anything to the contrary contained in the
Rules or constitution of a society or branch every pensioner
respectively thereof, who has against his will been restored to the
status of an ordinary member with the duties and obligations
attendant thereon as required under the Rules of the society or
branch, shall be entitled to apply to the Registrar, who may if he
considers the restoration to be unfair or inequitable in the
circumstances of the case, order him to be retained as a pensioner
of the society or branch or make such other order as the justice of
the case may require.
83. Notwithstanding anything contained in the Act or in the
Rules or constitution of a society or branch to the contrary every
member of the committee of management of a society or branch
shall in every calendar year be entitled to leave at the full salary or
allowance payable in respect of his particular office therein for the
following periods:
(a) fourteen days’ vacation leave; and
(b) a period not exceeding fourteen days in respect
of sickness on the production of a medical
certificate stating that the member is incapacitated
by reason of illness from carrying out his duties
as such member, without prejudice to the rights
Pensioner may
become ordinary
member.
Pensioner not to
be affected by
status of
ordinary
member.
Leave
entitlement.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Friendly Societies Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Friendly Societies Chap. 32:50 169
or privileges to which he may otherwise be
entitled as a financial member in good standing.
However, not more than two members of the committee of
management shall be granted vacation leave at one and the same time.
84. It shall not be requisite for any person acting for or on
behalf of any member of the committee of management absent on
vacation leave or on sick leave for the respective periods in
regulation 83 to enter into a bond in respect of the fulfilment of his
acting duties. The committee of management shall make all acting
appointments.
85. A society or branch may grant out of its Reserve Fund to
any officer who has been in the service of a society for an unbroken
period of at least twenty years, and who is more than fifty-five
years of age, and whose services are no longer required, a sum not
exceeding the aggregate of his average annual salary or other
remuneration for the next preceding three years payable in such
manner as the society or branch may decide.
86. Forms and other documents prescribed under the
provisions of the Act or of these Regulations shall be strictly
adhered to, and the Registrar may in default of compliance
therewith return any such form, or other document to the society,
branch, officer or other person sending or tendering the same for
such further entries or amendments as he may deem necessary;
but where the circumstances so require, forms to the like effect
with the necessary modifications, subject to the approval of the
Registrar, shall be used provided that all such forms are in
substantial compliance with the requirements of the Act and the
Regulations made thereunder.
87. A member of the committee of the society or branch shall
not vote or take part in any matter before the committee or general
body of the society or branch in which he has directly or indirectly
any interest.
Acting
appointments.
Grants to
retiring officers.
Forms, returns,
etc.
Voting at
meetings.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
