- Enforced by
- FCA, CIC Regulator
- Status
- Amended (in force with amendments)
- Penalty ceiling
- Imprisonment 5 of 68 obligations carry a fine up to £1,000. 7 carry different penalties and 56 have no criminal penalty — flagged in the list below.
Does it bind you?
Business-side roles with duties under this instrument.
Plus 4 duties on the regulator, Crown ministers and public bodies — folded into the section list below.
Other Acts binding the same actors
If a role above is yours, these are the other instruments that most often bind it.
Trader — also bound by 825 other Acts
Director or Officer — also bound by 429 other Acts
Any Person — also bound by 2340 other Acts
Employee — also bound by 189 other Acts
What it requires
Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.
Registration
3 of 9 sections shown- Fail to comply with FCA winding‑up directionAny Person
Other duties (1) — Crown / regulator
- FCA must provide notice and publish details of registration suspensionStatutory regulator
- Appeal to court against FCA refusal, cancellation or suspensionDirector or Officer
Other duties (1) — Crown / regulator
- Appeal an FCA decision refusing, cancelling or suspending society registrationTribunal / Court
6 other sections in this Part — procedural and definitional
Name, rules, powers etc
8 of 20 sections shown- Ensure your society's name ends with 'limited' or 'cyfyngedig' and is not undesirableTrader
- Fail to display registered name on documents or websiteDirector or Officer
Fine up to £1,000
- Fail to display charitable status on required documentsDirector or Officer
Fine up to £1,000
- Include required information in your society's rulebookTrader
- Include required matters in your society’s rulesDirector or Officer
- Appeal FCA refusal to register rule changesAny Person
Other duties (1) — Crown / regulator
- FCA must register rule amendments if an appeal is successfulStatutory regulator
- Provide a copy of your registered rules on requestTrader
- Give false or misleading society rulesAny Person
Fine up to £200
- A society's rules may make breaches of its rules an offence, prosecuted by the societyAny Person
12 other sections in this Part — procedural and definitional
Members and officers
5 of 13 sections shown- Maintain a member and officer register at your society’s registered officeDirector or Officer
- Maintain a register of members and officersTrader
- Keep a record of member death nominationsTrader
- Manage the transfer of property or shares following a member's deathDirector or Officer
- Transfer or pay nominated assets on a member’s deathDirector or Officer
- Provide security if you handle society money and rules require itTrader
- Provide a bond or guarantee before handling society fundsDirector or Officer
- Account for money and property held on behalf of the societyEmployee
- Provide accounts and hand over money or property on demandAny Person
8 other sections in this Part — procedural and definitional
A society's capacity and related matters
2 of 16 sections shown- Send special resolutions to the FCA for registrationDirector or Officer
- Use a common seal without the society’s name engravedDirector or Officer
Fine up to £1,000
14 other sections in this Part — procedural and definitional
Charges over a society's assets
2 of 8 sections shown- File floating charge details with FCA within 21 daysTrader
- Notify the FCA of receiver appointments and submit financial returnsDirector or Officer
- Report to FCA (and PRA) as receiver or manager of a society’s propertyAny Person
6 other sections in this Part — procedural and definitional
Banking and lending by societies
2 of 8 sections shown- Carry on banking when you have withdrawable share capitalAny Person
- Fail to display required banking statementAny Person
Fine up to £200
6 other sections in this Part — procedural and definitional
Accounts, audit and annual returns
15 of 28 sections shown- Maintain proper accounting records and internal controlsTrader
- Keep proper books of account and financial controlsTrader
- Keep proper books of account and protect them from falsificationTrader
- Secure digital or alternative accounting records against falsificationTrader
- Prepare annual revenue accounts for your societyTrader
- Fail to ensure accounts give a true and fair viewAny Person
Unlimited fine
- Display your latest balance sheet at your registered officeTrader
- Ensure published accounts and balance sheets meet signing and audit requirementsTrader
- Appoint qualified auditors for each year of accountTrader
- Obtain auditor report when audit requirements are disapplied and turnover exceeds £90,000Trader
- Appoint qualified auditor and resubmit annual return if directed by FCATrader
- Cooperate with auditors and keep proper books of accountDirector or Officer
- Grant auditors full access to books and informationDirector or Officer
- File annual return with the FCADirector or Officer
- Submit an annual return and accounts to the FCATrader
- Provide a copy of your annual return to members on demandTrader
- Follow special procedure for auditor appointment/removal resolutionsTrader
- Auditors must not charge more than the maximum prescribed ratesAny Person
- Pay auditors no more than the rates set by Treasury regulationsTrader
- Prepare and file audited group accounts for your society and subsidiariesDirector or Officer
- Prepare and submit audited group accounts for subsidiariesTrader
13 other sections in this Part — procedural and definitional
Inspection and investigations
3 of 6 sections shown- Allow members to inspect accounts and registerDirector or Officer
- Allow members to inspect their accounts and the society registerTrader
3 other sections in this Part — procedural and definitional
Amalgamations, conversions, dissolution etc
12 of 18 sections shown- File confirmed special resolution with FCA within 14 daysDirector or Officer
- Send a copy of the special resolution to the FCA within 14 days of the second meetingAny Person
- Convert company into a registered society by following statutory procedureTrader
- Notify FCA (and PRA) when dissolving your societyDirector or Officer
- Submit instrument of dissolution and statutory declaration to the FCADirector or Officer
- Notify FCA (and PRA) of court order setting aside dissolutionAny Person
Other duties (1) — Crown / regulator
- FCA must advertise society dissolution in the Gazette and local pressStatutory regulator
- Notify FCA of voluntary winding-up resolution within 15 daysTrader
- Transfer all property and lodge certificate before society dissolutionDirector or Officer
- Lodge certificate confirming all society property has been dealt with before dissolutionDirector or Officer
6 other sections in this Part — procedural and definitional
Offences
5 of 7 sections shown- Fail to comply with statutory duties of a registered societyDirector or Officer
Fine up to £1,000 · amended 1 time (opens in a new tab)
- Personal liability of officers for society offencesDirector or Officer
Unlimited fine
- Continue to breach a co‑operative society offenceAny Person
Unlimited fine
- Misappropriate a society’s propertyAny Person
- Falsify a society's records or documentsAny Person
Fine up to £1,000
2 other sections in this Part — procedural and definitional
Miscellaneous and general
5 of 16 sections shown11 other sections in this Part — procedural and definitional
Final provisions
0 of 6 sections shown6 other sections in this Part — procedural and definitional
Schedules
0 of 218 shown218 other schedules
Help complying
Guvnor’s practical routes through this instrument.
1 more guide that reference this instrument
Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.