Part 1Registration

Cancellation of registration

C25Cancellation of registration: conditions for cancellation

1

The FCA may, in writing, cancel the registration of a registered society if any of conditions A to E is met.

2

Condition A is that—

a

the society has requested the cancellation of its registration,

b

the request is evidenced in such way as the FCA from time to time directs, and

c

the FCA considers it appropriate to cancel the registration.

3

Condition B is that any of the following is proved to the FCA's satisfaction—

a

that an acknowledgment of registration has been obtained by fraud or mistake;

C1b

that the society has less than 3 members (and does not have 2 members both of which are registered societies);

c

that the society has ceased to exist.

4

Condition C is that it is proved to the FCA's satisfaction—

a

that the society exists for an illegal purpose, or

b

that the society has wilfully and after notice from the FCA violated any of the provisions of this Act.

5

Condition D is that it appears to the FCA—

a

in the case of a society registered as a co-operative society, that the condition in section 2(2)(a)(i) is not met;

b

in the case of a society registered as a community benefit society, that the condition in section 2(2)(a)(ii) is not met;

c

in the case of a pre-commencement society, that neither of the conditions in section 2(2)(a) is met.

6

Condition E is that—

a

the society's registered rules contain provision of a kind authorised by section 22 (rules of agricultural, horticultural or forestry society), and

b

it appears to the FCA that—

i

the society no longer consists mainly of members of a kind mentioned in that section, or

ii

the activities carried on by the society do not mainly consist in making advances to its members for the purposes mentioned there.