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Notes - Mutual Societies Application Form - Notification of Charges

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					                                                                                                     1 Details of Charges

Mutual Societies Application Form

Notification of Charges
Notes

 Please take time to read these notes carefully. They will help you to fill in the form correctly.
 These notes are for information only. They are not a full statement of legal obligations under the relevant
 legislation. The society or credit union may wish to seek legal advice on how to comply with the legislation.
 If after reading these notes you need more help please:
      •   check our website for more information on Mutual Societies:
          www.fsa.gov.uk/Pages/Doing/small_firms/MSR/index.shtml;
      •   email mutual.societies@fsa.gov.uk; or
      •   call the Contact Centre 0845 606 9966 (choose option 3).


Terms in this form
'FSA', 'us' and 'we' refer to the Financial Services Authority.
'You' refers to the person signing the form on behalf of the society or credit union.




                           FSA   Mutuals Notification of Charges (N)   Release 1   April 2008                     page 1
                                                                     NOTES - Legislation and what to expect


Legislation and what to expect




Societies registered under the Industrial and Provident Societies Act 1965
(including credit unions)
Societies in England and Wales
Part I of the Industrial and Provident Societies Act 1967 provides for recording a charge
against assets of a society registered under the Industrial and Provident Societies Act
1965.
Section 1(4) of the Industrial and Provident Societies 1967 provides for giving us notice
of any release, discharge or other transaction relating to a charge that we have already
recorded.
Societies in Scotland
Part II of the Industrial and Provident Societies Act 1967 provides for registering a
floating charge against assets of a society registered under the Industrial and Provident
Societies Act 1965.
Section 5 of the Industrial and Provident Societies Act 1967 provides for giving us notice
of any release, discharge or other transaction relating to a charge that we have already
recorded.



What to expect
If your application is complete, we will record or register as appropriate and send you a
formal acknowledgement.




FSA   Mutuals Notification of Charges (N)   Release 1   April 2008                                  page 2
1
                                                                                 NOTES - 1 Details of charges


       ails
    Details of charges




    Full name of society or credit union (front page)
    You must give the full registered name, please do not use abbreviations.



    Society or credit union details

1.1 Society or credit union details
    The register number is the number your society was given when it was first registered. If
    you are not sure what this is please search on the Mutuals Register at
    http://mutuals.fsa.gov.uk/ using the name of your society.



    Details of charges (fixed or floating)

1.2 What are you applying to record or register?
    No extra guidance



    Recording/registering a charge (fixed or floating)

1.3 Names of the parties the charge is made between
    You must give full names, please do not use abbreviations.

1.4 Date of Instrument
    No extra guidance

1.5 You must confirm that a certified copy of the charge is attached
    The charge should be a copy of the charge instrument. The copy of the charge
    submitted should be certified as a true copy of the charge instrument and the signature
    certifying such must be an original signature.

1.6 Are you submitting this charge outside the 21 day time limit?
    We must receive your correctly-completed application to record or register a charge
    within 21 days of the date of the charge being created for it to be accepted for recording
    or registration. The 21 day period includes the dates the charge was made.
    If the application is correct and you submit it within the 21day limit, we will record or
    register the charge.
    If the application is correct but you submit it outside the 21 day limit, we will return it
    unless you give the reasons in the relevant space in the form.
    How to apply for an extension of the time limit
    There are occasions when requests for registration or recording of a charge are made
    outside the 21 day time limit. In these circumstances, as noted above, you must
    complete the box in question 1.6.
    You should state why the application was submitted late. Stating on the form 'it was
    submitted late' is not enough and we will ask you to give more detailed reasons.




    FSA   Mutuals Notification of Charges (N)   Release 1   April 2008                                page 3
                                                                              NOTES - 1 Details of charges



     Signature

 1.7 This must be signed by one of the following:
           •      the Secretary of the society or credit union; or
           •      a Solicitor acting on behalf of the society or credit union; or
           •      a person interested in the charge on behalf of the society or credit union.
     We require all signatures to be original signatures.


     If you are only applying to record or register a charge you are not required to sign
     the statutory declaration in section 2.



     Complete satisfaction of charge (fixed or floating)

 1.8 Date the charge was satisfied (dd/mm/yyyy)
     No extra guidance

 1.9 You must confirm that you have attached a copy of both the original
     acknowledgment certificate and the first page of the charge
     Form AJ if you are applying on behalf of an English or Welsh society or
     Form AK if you are applying on behalf of a Scottish society.
     We would have sent you this when the charge was first recorded or registered.

1.10 Give details below of the property no longer charged, e.g. address
     You should give the address or any other details that identify the property no longer
     charged. If there is insufficient space within the box write 'see attached' and attach
     relevant details.



     Partial satisfaction of charge (fixed or floating)

1.11 Date the charge was partially satisfied (dd/mm/yyyy)
     No extra guidance

1.12 You must confirm that you have attached a copy of both the original
     acknowledgment certificate and the first page of the charge
     Form AJ if you are applying on behalf of an English or Welsh society or
     Form AK if you are applying on behalf of a Scottish society.
     We would have sent you this when the charge was first recorded or registered.

1.13 The amount by which the charge was partially satisfied
     No extra guidance



     Release of charge (fixed or floating)

1.14 Date when the society or credit union was released from the charge (dd/mm/yyyy)
     No extra guidance

1.15 You must confirm that you have attached a copy of both the original
     acknowledgment certificate and the first page of the charge
     Form AJ if you are applying on behalf of an English or Welsh society or
     Form AK if you are applying on behalf of a Scottish society.
     We would have sent you this when the charge was first recorded or registered.




     FSA       Mutuals Notification of Charges (N)   Release 1   April 2008                        page 4
                                                                             NOTES - 1 Details of charges
1.16 Give details below of the property no longer charged, e.g. address
     You should give the address or any other details that identify the property no longer
     charged. If there is insufficient space within the box write 'see attached' and attach
     relevant details.



     Signature

1.16 This must be signed by the Secretary of the society or credit union
     We require all signatures to be original signatures.


     You must now arrange for section 2 to be signed.




     FSA   Mutuals Notification of Charges (N)   Release 1   April 2008                           page 5
2
                                                                         NOTES - 2 Statutory Declaration


    Statutory Declaration




    Declaration

2.1 The Secretary and a member of the committee of management (or director) of the
    society or credit union must sign below in front of a solicitor, a commissioner for
    oaths, notary public or justice of the peace.
    We require all signatures to be original signatures




    FSA   Mutuals Notification of Charges (N)   Release 1   April 2008                           page 6

				
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