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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Building Societies (General Charge and Fees) Regulations 1992 No. 497 URL: http://www.bailii.org/uk/legis/num_reg/1992/uksi_1992497_en.html |
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Statutory Instruments
BUILDING SOCIETIES
Made
27th February 1992
Laid before Parliament
6th March 1992
Coming into force
1st April 1992
The Treasury, in exercise of the powers conferred on them by sections 2(2) and 116(2) of the Building Societies Act 1986(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:
1. These Regulations may be cited as the Building Societies (General Charge and Fees) Regulations 1992 and shall come into force on 1st April 1992.
2. In these Regulations-
"the Act" means the Building Societies Act 1986;
"the accounting year 1992-93" means the period of 12 months ending on 31st March 1993;
"amalgamation" means an amalgamation under section 93 of the Act;
"operative date" means the date on which these Regulations come into force;
"registered", in relation to any time, means having the status of a society registered or deemed to be registered under the Act at that time;
"the relevant year" means the period of 12 months ending on 31st December 1991;
"society" means a building society; and "transfer of engagements" means a transfer of engagements under section 94 of the Act.
3.-(1) Each society which is authorised on the operative date shall pay, with respect to the accounting year 1992-93 a sum determined in accordance with paragraph (3) below.
(2) Any society which is authorised during the accounting year 1992-93 only after the operative date shall pay with respect to that year a sum determined in accordance with paragraph (3) below unless-
(a)the society was registered on the amalgamation of two or more societies, and
(b)at least one of those other societies was a society to which paragraph (1) above applied.
(3) The sum payable under paragraph (1) or (2) above (as the case may be) is-
(a)in the case of any society a financial year of which ended in the relevant year a sum equal to £2,000 plus the sum determined in accordance with paragraph (5) below using the value of the society's assets as shown in its balance sheet as at the end of that financial year.
(b)in the case of any society to which sub-paragraph (a) above does not apply and which was formed on the amalgamation of two or more societies, financial years of which ended in the relevant year a sum equal to £4,000 plus the sum determined in accordance with paragraph (5) below using the aggregate value of the assets of each of those societies as shown in their respective balance sheets as at the end of those respective financial years.
(c)in the case of any society to which neither sub-paragraph (a) nor sub-paragraph (b) above applies, a sum equal to £2,000 plus the sum determined in accordance with paragraph (5) below using the value of the society's assets at the date of authorisation.
(4) Where, after 31st December 1991 and before the operative date, a society has transferred its engagements to an authorised society under section 94 of the Act, the transferee society shall in addition to any sum payable by it by virtue of the foregoing provisions of this regulation by virtue of this paragraph pay, with respect to the accounting year 1992-93 any sum which would have been payable by the transferor society had it been an authorised society on the operative date.
(5) The sum determined in accordance with this paragraph is the sum
(i)determined by applying 0.0017 per cent to the relevant assets; or
(ii)where the relevant assets exceed £22,500 million, determined by adding the sums determined by applying 0.0017 per cent to the first £22,500 million of the relevant assets and applying 0.00085 per cent to the excess of the relevant assets over £22,500 million.
4.-(1) Any sums payable under regulation 3(1) and (4) above by a society shall be paid on the 1st May 1992 or upon the earlier occurrence of a specified event but if no specified event has occurred before that date the society may pay one half of the said sum on that date and defer the other half until the 1st October 1992 or the earlier occurrence of a specified event.
(2) Any sum payable under regulation 3(2) above by a society shall be paid on or before the day one month after the date on which the society is first authorised or upon the earlier occurrence of a specified event.
(3) In this regulation "specified event" in relation to a society by which a sum is payable under regulation 3 above means the earliest of any date on which
(a)an instrument of dissolution of the society is first signed;
(b)the society resolves that it be wound up voluntarily or by the Court;
(c)a petition for the winding up of the society is presented.
5. Each society which-
(a)is registered on or after the operative date and before 1st April 1993 and
(b)is not in the course of dissolution or winding up on the operative date, shall on the 1st May 1992, or in the case of a society first registered after the operative date, on applying for registration, pay a fee of £150 in respect of the Central Office's function under section 106 of the Act of maintaining the society's public file during the accounting year 1992-93.
6. A society which applies for authorisation under section 9 of the Act shall upon making such application pay a fee of £1,200 in respect of the exercise of the commission's functions under that section.
7.-(1) Subject to paragraph (3) below, a society which proposes to merge with another society, and
(a)applies for consent under section 94(5) of the Act to proceed to undertake to fulfil the engagements of the other society pursuant to a board resolution, or
(b)applies for approval under paragraph 1 of Schedule 16 to the Act of the contents of a statement concerning matters relevant to the merger,
shall upon making such application pay a fee determined in accordance with paragraph (2) below in respect of the Commission's functions in relation to the application and any functions it may exercise subsequently under section 95 of the Act with respect to the proposed merger.
(2) The sum payable under paragraph (1) above shall be, where one of the societies concerned in the proposed merger is for the purposes of section 95 of the Act of disproportionate size to the other, £7,000 and in any other case £10,000 but a society which on making such application pays a fee of £3,750 in the case where one of the societies is of disproportionate size to the other, or £6,750 in any other case, shall not be required to pay the remaining £3,250 unless and until the Commission gives notice pursuant to paragraph 9(1)(b) of Schedule 16 to the Act to the society of its determination under paragraph 9(1)(a) of Schedule 16 to the Act.
(3) In any case where the Commission considers that the proposed merger would be expedient for the purpose of protecting the investments of the shareholders or depositors with any society proposing to alamgamate with another or transfer its engagements to another society, the Commission may in respect of the proposed merger waive payment of or reduce the fee payable by any or all of the societies concerned pursuant to paragraph (1) above by notifying any society in respect of which the fee is waived or reduced of such waiver or as the case may be of the reduced fee to be paid in respect of the society's application and where the fee is so reduced the sums payable on application and upon the notice referred to in paragraph (2) above shall be such as may be notified by the Commission to the society.
8.-(1) Subject to paragraph (5) below a society which applies for approval of a transfer statement under paragraph 4(2) of Schedule 17 to the Act in connection with a proposed transfer of business shall upon making such application, other than an application to which paragraph (2) below applies, pay a fee of £160,000 in respect of the Commission's relevant functions.
(2) Subject to paragraph (5) below a society which has applied for approval of a transfer statement under paragraph 4(2) of Schedule 17 to the Act in connection with a proposed transfer of business, and which makes a further application for approval of such a statement in connection with the transfer to the same successor but where any term of the proposed statement differs from the original proposed statement, shall upon making any such second or subsequent application pay a further fee of £30,000 in respect of the Commission's relevant functions. Provided that the Commission may waive such further fee or reduce it where the society satisfies the Commission that the differences between the second or subsequent proposed statement and the terms of the transfer to which it relates do not differ substantially from the proposed statement and terms of transfer to which the last preceding application related.
(3) Subject to paragraphs (4) and (5) below a society which applies for confirmation of a proposed transfer of business and its terms pursuant to section 97(4)(d) of the Act shall upon making such application pay a fee of £75,000 in respect of the Commission's functions in relation to the application and any functions it may exercise subsequently under section 97 of the Act and the applicable provisions of the Act (as referred to in that section) with respect to the proposed transfer of business.
(4) A society which, on its application for confirmation of a proposed transfer of business and its terms as described in paragraph (3) above, pays a fee of £22,500 or of such amount as may have been notified to it by the commission pursuant to paragraph (5) below in respect of that application shall not be required to pay the remaining £52,500, or, as the case may be, the balance of the reduced fee notified to it by the commission pursuant to paragraph (5) below, unless and until the commission gives notice pursuant to paragraph 8(1)(b) of schedule 17 to the act to the society of its determination under paragraph 8(1)(a) of that schedule.
(5) In any case where the successor to which a society proposes to transfer its business is an existing company and the Commission considers that the proposed transfer would be expedient for the purpose of protecting the investments of the shareholders and depositors the Commission may waive payment of or reduce the fee payable pursuant respectively to paragraph (1), (2) or (3) above by notifying the society of such waiver or as the case may be of the reduced fee to be paid in respect of approval of a proposed transfer statement or of a second or subsequent proposed transfer statement or confirmation of the transfer, or any of them, as the case may be, and where the fee payable in respect of confirmation is reduced, the sums payable upon application and upon the notice referred to in paragraph (4) above shall be such as may be notified by the Commission to the society.
(6) In paragraphs (1) and (2) above, "the Commission's relevant functions" means the Commission's functions in relation to the application and any functions (other than functions in relation to a further application for which a further fee is payable) which it may exercise subsequently under section 97 of the Act and the applicable provisions of the Act (as referred to in that section) with respect to the proposed transfer of business, prior to an application pursuant to section 97(4)(d) of the Act.
9. Any society which makes an application of a nature specified in Schedule 1 to these Regulations shall upon making such application pay the relevant fee specified in respect of the examination of the application by the Central Office.
10. Any person wishing to inspect or to be furnished with a copy of any document in the custody of the Central Office shall, at the time at which he makes the request to inspect or to be furnished with a copy, as the case may be, pay the relevant fee specified in Schedule 2 to these Regulations.
11. The Building Societies (General Charge and Fees) Regulations 1991(2) are hereby revoked.
Thomas Sackville
Irvine Patnick
Two of the Lords Commissioners of Her Majesty's Treasury
27th February 1992
Regulation 9
| Nature of application | Fee payable |
|---|---|
1. for the registration of a society (other than a society established as the successor of societies which have applied for confirmation of an amalgamation) and of the society's memorandum and rules. | £3,500 |
2. for the registration of alterations to the memorandum of a society, by way of the substitution of a new document in place of the document already registered as its memorandum. | £2,200 |
3. for the registration of alterations to the memorandum of a society, otherwise than by way of the substitution of a new document in place of the document already registered. | £1,050 |
4. for the registration of alterations to a society's rules, by way of the substitution of a new document in place of the document already registered as its rules. | £2,200 |
5. for the registration of alterations to a society's rules, otherwise than by way of the substitution of a new document in place of a document already registered. | £1,050 |
Regulation 10
| Facility sought | Fee payable |
|---|---|
1. the inspection on any particular day of documents relating to a single society. | £4.00 |
2. the provision of a copy of the whole of or an extract from any document- (a)where the copy is a photocopy and is not certified as a true copy of a document in the custody of the Central Office (except as may be necessary for the examination of the copy)- (i)where the copy does not exceed 5 pages, or for the first 5 pages of a copy which exceeds 5 pages | £1.25 |
(ii)for every page of a copy after the fifth page | £0.25 |
(b)where the copy is not a photocopy and is not so certified- (i)where the copy does not exceed 216 words, or for the first 216 words of a copy which exceeds 216 words | £8.00 |
(ii)for each complete folio of 72 words by which a copy exceeds 216 words | £1.60 |
(c)where the copy, whether a photocopy or not, is certified as provided in sub-paragraph (a) above (as an addition to whatever fee would be payable if the copy were not so certified). | £4.00 |
(This note is not part of the Regulations)
These Regulations supersede the Building Societies (General Charge and Fees) Regulations 1991 ("the 1991 Regulations"), which are revoked. They provide for a general charge to be paid by authorised building societies towards the expenses of the Building Societies Commission. The charge is levied with respect to the Commission's accounting year beginning on 1st April 1992 and ending on 31st March 1993 and is expected to raise £3.9 million. Each society is required to pay a sum of £2,000 plus a sum equal to 0.0017% of its assets, up to £22,500 million, and 0.00085% of its assets above that amount, or in the case of a society formed by a recent amalgamation, a sum of £4,000 plus a sum equal to the same percentage of the aggregated value of the uniting societies.
The Regulations also provide for fees to be paid by societies in respect of particular functions of the Building Societies Commission in relation to mergers of societies and transfers of business to commercial companies and of the Central Office of the Registry of Friendly Societies under the Building Societies Act 1986, and fees to be paid by persons wishing to inspect or receive copies of documents in the custody of the Central Office. These fees are approximately 7% higher than those payable under the 1991 Regulations.
The fees in respect of functions related to transfer of a society's business to a commercial company have also been amended to provide for an additional fee to be paid where a society, having applied for approval by the Commission of a transfer statement, makes an application for approval of an amended statement.
S.I. 1991/277.
