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Law commission consultation reviewing the Friendly Societies Act 1974 and 1992
Closes
11 Jun 2025
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Chapter 8: Transfers of business engagements
Consultation Question 47: We invite consultees’ views on whether a special resolution should be required for compensation for loss of office caused by a transfer, amalgamation or conversion, or whether there might be circumstances where a special resolution should not be required, and what those circumstances might be.
Yes, a special resolution should be required
No, in certain circumstances, a special resolution should not be required
Please explain your selection above. If you selected "no", please explain when a special resolution should not be required:
Consultation Question 48: We invite consultees’ views on whether reform of the “successor factor” preclusion ground is necessary and, if so, what the test should be.
Yes, reform is necessary
No, reform is not necessary
Please explain your selection above. If you selected "yes", please explain what the test should be:
Consultation Question 49:
Yes
No
Other
Do consultees agree that policies stemming from contracts effected after a transferor friendly society has applied for confirmation of a transfer should not be included in that transfer?
Yes
No
Other
Please explain your selection above:
Yes
No
Other
We ask consultees whether a distinction should be drawn between long-term and general business in respect of contracts entered into before application for confirmation of the transfer.
Yes
No
Other
Please explain your selection above:
Consultation Question 50: We provisionally propose that a transferee friendly society’s committee of management should be permitted to apply to the appropriate authority for permission to proceed with a transfer with only a resolution by the committee of management, regardless of whether the proposed transferor is a friendly society or another entity. Do consultees agree?
Yes
No
Other
Please explain your selection above:
Consultation Question 51: We ask consultees whether a member statement should be made available to the members of a transferee friendly society, regardless of whether the proposed transferor is a friendly society or another entity.
Yes
No
Other
Please explain your selection above:
Consultation Question 52: We invite consultees' views on the following.
Yes
No
Other
(1) Whether there is a need for a simplified process for transfers by friendly societies and, if so, what such a process would entail.
Yes
No
Other
Please explain your selection above. If you selected "yes", please explain what a simplified transfer process would entail:
(2) If a simplified process is required, what factors might be relevant to determine when such a simplified process might be used.
Yes, the current process should be retained
No, the current process should not be retained
Other
(3) Whether the current process under Part 8 of the 1992 Act should be retained and what, if any, reform is needed to improve the efficacy of the process.
Yes, the current process should be retained
No, the current process should not be retained
Other
Please explain your selection above and what, if any, reform is needed to improve the efficacy of the Part 8 process:
Consultation Question 53: We invite consultees' views on the following.
(1) The potential benefits and disadvantages of agreeing to a timeline for a proposed transfer with the appropriate authority.
(2) Challenges that may make it difficult to propose and adhere to an agreed upon timeline in practice.
(3) The consequences for either party of not meeting any deadlines agreed as part of the timeline.
Consultation Question 54:
Yes, the power should be retained
No, the power should not be retained
Other
We ask consultees whether the power given to the appropriate authority under the 1992 Act to effect a transfer of engagements under certain circumstances should be retained.
Yes, the power should be retained
No, the power should not be retained
Other
We invite consultees’ views on the powers the appropriate authority should have to transfer the engagements of a friendly society, and under what circumstances such powers should be exercisable.
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