Credit Union Act 1997

Inhalt

1. Art. 1 Short title and commencement.
2. Art. 2 Interpretation.
3. Art. 3 Orders and regulations.
4. Art. 3A Extension of interim period.
5. Art. 4 Expenses incurred by the Minister.
6. Art. 5 Repeals and transition from the former law.
7. Art. 6 Conditions for registration as a credit union.
8. Art. 6A Supplemental provisions relating to registration, etc., under section 6 of Principal Act.
9. Art. 7 Application for registration as a credit union.
10. Art. 8 Acknowledgement or refusal of registration.
11. Art. 9 Effect of registration.
12. Art. 10 Registered name.
13. Art. 11 Change of registered name.
14. Art. 12 Protection of use of seal and registered name of credit union.
15. Art. 13 Rules.
16. Art. 14 Amendment of registered rules.
17. Art. 15 Rules to bind members.
18. Art. 16 Provision of copies of rules.
19. Art. 17 Requirements of, and qualifications for, membership.
20. Art. 18 Appeal against refusal of membership.
21. Art. 19 Expulsion and withdrawal from credit union.
22. Art. 20 Remedy for debts from members.
23. Art. 21 Nomination of property in credit union.
24. Art. 22 Proceedings on death of nominator.
25. Art. 23 Provision for small payments on death.
26. Art. 24 Payments in respect of mentally incapable persons.
27. Art. 25 Validity of payments to persons apparently entitled.
28. Art. 26 General principles.
29. Art. 27 Raising of funds by shares and deposits.
30. Art. 27A Protection of members' savings.
31. Art. 28 Shares: general provisions.
32. Art. 29 Transfer of shares.
33. Art. 30 Dividends on shares.
34. Art. 31 Interest on deposits.
35. Art. 32 Restrictions on withdrawal of shares and deposits.
36. Art. 33 Power to borrow.
37. Art. 34 Charges on assets of a credit union.
38. Art. 35 Making of loans.
39. Art. 36 Approval of loans.
40. Art. 37 Appeal against non-approval of loan.
41. Art. 37A Member to receive written notice of loan approval.
42. Art. 37B Credit agreement in respect of loans exceeding €200.
43. Art. 37C Contents of credit agreements.
44. Art. 37D Notice of important information to be included in credit agreements.
45. Art. 37E Definition and calculation of "APR" for the purposes of sections 37C and 37D.
46. Art. 37F Regulations for the purposes of sections 37A-37D.
47. Art. 38 Interest on loans.
48. Art. 39 Promissory notes and bills of exchange.
49. Art. 40 Contracts.
50. Art. 41 Acquisition, holding and disposal of land.
51. Art. 42 Receipt for repayment of secured debt.
52. Art. 43 Investments.
53. Art. 44 Special fund for social, cultural etc. purposes.
54. Art. 45 Statutory reserve.
55. Art. 46 Savings protection scheme.
56. Art. 47 Insurance against fraud of officers etc.
57. Art. 48 Power to provide additional services.
58. Art. 49 The Registrar’s approval of provision of additional services.
59. Art. 50 Supplementary provisions as to Registrar’s functions.
60. Art. 51 Requirements applicable to credit unions providing additional services.
61. Art. 52 Appeal against certain decisions of Bank.
62. Art. 53 Board of directors.
63. Art. 54 Directors: procedural provisions.
64. Art. 55 Functions of board of directors.
65. Art. 55A Chair of board of directors, etc.
66. Art. 56 Removal of director from office.
67. Art. 56A Board committees.
68. Art. 56B Nomination committee.
69. Art. 57 Directors: supplemental provisions.
70. Art. 58 Supervisory Committee.
71. Art. 59 Supervisory Committee: procedural provisions.
72. Art. 60 Functions of Supervisory Committee.
73. Art. 61 Supervisory Committee: removal from office.
74. Art. 62 Supervisory Committee: supplemental provisions.
75. Art. 63 Officers: principal posts.
76. Art. 63A Manager of credit union.
77. Art. 64 Functions of treasurer.
78. Art. 65 Credit officer and credit control officer.
79. Art. 66 Officers: suspension and removal by Supervisory Committee.
80. Art. 66A Governance arrangements in credit unions.
81. Art. 66B Remuneration policies and practices.
82. Art. 66C Reporting to Bank.
83. Art. 67 Credit, credit control and membership committees.
84. Art. 68 Limitation of remuneration.
85. Art. 69 Conflicts of interest.
86. Art. 70 Required signatories etc.
87. Art. 71 Confidentiality of information.
88. Art. 72 Persons disqualified from acting.
89. Art. 73 Giving of security by officers etc.
90. Art. 74 Duty to account.
91. Art. 75 Register of members and officers.
92. Art. 76 Inspection of books.
93. Art. 76A Strategic plan.
94. Art. 76B Risk management systems and systems and control.
95. Art. 76C Risk management officer.
96. Art. 76D Compliance officer.
97. Art. 76E Operational risk.
98. Art. 76F Records management.
99. Art. 76G Information systems.
100. Art. 76H Management information.
101. Art. 76I Business continuity plan.
102. Art. 76J Outsourcing.
103. Art. 76K Internal audit.
104. Art. 76L Board oversight committee.
105. Art. 76M Functions of board oversight committee.
106. Art. 76N Election of board oversight committee, etc.
107. Art. 76O Board oversight committee: procedural provisions.
108. Art. 76P Board oversight committee: term of office and retirement.
109. Art. 76Q Board oversight committee: removal from office.
110. Art. 76R Board oversight committee: supplementary provision.
111. Art. 77 The organisation meeting.
112. Art. 78 The annual general meeting.
113. Art. 78A General meetings during interim period.
114. Art. 78B General meetings (other than during interim period).
115. Art. 79 Special general meetings.
116. Art. 80 Notice of general meetings.
117. Art. 80A Notice of rescheduled general meeting.
118. Art. 81 General meetings: adjournment, quorum and minutes.
119. Art. 82 Supplementing provisions as to general meetings.
120. Art. 82A Proxies.
121. Art. 83 Special resolutions.
122. Art. 84 Functions of the Bank.
123. Art. 84A Power of Bank to make regulations.
124. Art. 85 Assets and liabilities ratios and structures.
125. Art. 85A Liquidity.
126. Art. 85B Supplemental provisions to sections 85 and 85A.
127. Art. 86 Control of advertising.
128. Art. 87 Power of Bank to give regulatory directions.
129. Art. 88 Procedural provisions relating to regulatory directions.
130. Art. 89 Power of Court to prohibit continuance of certain contraventions.
131. Art. 90 Inspection of books and documents of credit union.
132. Art. 91 Notice to furnish books, information etc.
133. Art. 92 Investigations and calling of meetings.
134. Art. 93 Provisions supplementary to investigations under section 92.
135. Art. 94 Inspector’s report and proceedings thereon.
136. Art. 95 Registrar’s power to appoint person as director of a credit union.
137. Art. 95A Bank’s power to require appointment of additional director of credit union.
138. Art. 96 Removal or suspension of directors and members of Supervisory Committee.
139. Art. 97 Cancellation of registration.
140. Art. 98 Suspension of registration.
141. Art. 99 Appeals against cancellation or suspension.
142. Art. 100 Public file of a credit union.
143. Art. 101 Fees.
144. Art. 102 Classification of information.
145. Art. 103 Delivery to the Registrar of documents in legible form.
146. Art. 104 Delivery to the Registrar of documents otherwise than in legible form.
147. Art. 105 Exercise of Registrar’s functions.
148. Art. 106 Annual report by Registrar.
149. Art. 107 Financial year of a credit union.
150. Art. 108 Accounting records etc.
151. Art. 109 Systems of control and safe custody.
152. Art. 110 Accounting principles.
153. Art. 111 Annual accounts.
154. Art. 112 Balance sheet to be available to members.
155. Art. 113 Obligation to appoint auditors.
156. Art. 114 Qualification for appointment as auditor.
157. Art. 115 Eligibility of auditor for re-election.
158. Art. 116 Removal of auditor by Registrar.
159. Art. 117 Resolutions relating to appointment and removal of auditors.
160. Art. 118 Resignation of auditors.
161. Art. 119 Requisitioning of general meeting and circulation of statement by resigning auditor.
162. Art. 120 Auditor’s report, right of access and to be heard.
163. Art. 121 Regulations relating to accounts and audit.
164. Art. 122 Auditor’s duty to report to Registrar.
165. Art. 123 Penalty for false statements etc. to auditors.
166. Art. 124 Annual returns.
167. Art. 125 Settlement of disputes.
168. Art. 126 Arbitration and procedural matters.
169. Art. 127 Investigation of complaints.
170. Art. 128 Amalgamation of credit unions.
171. Art. 129 Transfer of engagements between credit unions.
172. Art. 130 Statement for members relating to proposed amalgamation or transfer of engagements.
173. Art. 131 Confirmation of amalgamation or transfer.
174. Art. 132 Distribution to members.
175. Art. 133 Petition of Registrar to wind up.
176. Art. 134 Winding up under the Companies Acts.
177. Art. 135 Winding up by instrument of dissolution.
178. Art. 136 Restriction on dissolution or cancellation of registration.
179. Art. 137 Administration orders.
180. Art. 138 Provisional administrators.
181. Art. 139 Effect of administration.
182. Art. 140 Termination of administration.
183. Art. 141 Procedural matters.
184. Art. 142 Power of the Court to appoint examiner.
185. Art. 143 Petition for protection of the Court.
186. Art. 144 Powers of the Circuit Court.
187. Art. 145 The independent accountant's report.
188. Art. 146 Interim protection pending report.
189. Art. 147 Effect of petition to appoint examiner on creditors and others.
190. Art. 148 Effect on receiver or provisional liquidator of order appointing examiner.
191. Art. 149 Powers of an examiner.
192. Art. 150 Production of documents and evidence.
193. Art. 151 Further powers of the Court.
194. Art. 152 Incurring of certain liabilities by examiner.
195. Art. 153 Power to deal with charged property etc.
196. Art. 154 Notification of appointment of examiner.
197. Art. 155 General provisions as to examiners.
198. Art. 156 Hearing relating to missing property etc.
199. Art. 157 Duties of examiner.
200. Art. 158 Contents of examiner’s report under section 157.
201. Art. 159 Repudiation of certain contracts.
202. Art. 160 Appointment of creditors’ committee.
203. Art. 161 Proposals for compromise or scheme of arrangement.
204. Art. 162 Consideration by members and creditors of proposals.
205. Art. 163 Consideration of proposals by the Court.
206. Art. 164 Confirmation or otherwise of proposals by the Court.
207. Art. 165 Ending of protection.
208. Art. 166 Revocation of confirmation on grounds of fraud.
209. Art. 167 Disqualification to act as examiner.
210. Art. 168 Remuneration, costs and expenses of examiners.
211. Art. 169 Publicity.
212. Art. 170 Hearing of proceedings otherwise than in public.
213. Art. 171 Offences: general provisions.
214. Art. 172 Offences by officers etc.
215. Art. 173 Fraud or misappropriation.
216. Art. 174 Falsification of documents and other records.
217. Art. 175 Furnishing false information etc.
218. Art. 176 Recovery of costs and expenses.
219. Art. 177 Liability of officer etc.
220. Art. 178 Power of court to grant relief to officer etc.
221. Art. 179 Judgments against a credit union.
222. Art. 180 Credit Union Advisory Committee.
223. Art. 181 Consultation.
224. Art. 182 General regulations.
225. Art. 182A General regulations by Bank.
226. Art. 183 Regulations to remove difficulties.
227. Art. 184 Certain enactments not to apply to credit unions etc.
228. Art. 185 Exemptions from stamp duty.
229. Art. 186 Records and registers.
230. Art. 187 Form, deposit and evidence of documents.
231. Art. 188 Service of notices etc.
232. Art. 188A Delivery of notices etc.
233. Art. 189 Transitional provisions.
234. Art. 190 Disapplication of certain provisions to corporate credit unions.