Paragraph 16 F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 2 para. 3(4) table words substituted by Building Societies Act 1986 (Assimilation to Company Law and Changes to Funding Limit) 2026 art. 2(3)
Sch. 2 para. 9(1) omitted by Building Societies Act 1986 (Assimilation to Company Law and Changes to Funding Limit) 2026 art. 2(4)
Sch. 2 Pt. 2A inserted by Building Societies Act 1986 (Assimilation to Company Law and Changes to Funding Limit) 2026 art. 2(5)

(1)

The validity of an act done by a building society shall not be called into question on the ground of lack of capacity by reason of anything included in the society’s memorandum.

(2)

A member of a building society may bring proceedings to restrain the doing of an act which but for sub-paragraph (1) above would be beyond the society’s capacity; but no such proceedings shall lie in respect of an act to be done in fulfilment of a legal obligation arising from a previous act of the society.

(3)

It remains the duty of the directors of a building society to observe any limitations on their powers flowing from the society’s memorandum; and action by the directors which but for sub-paragraph (1) above would be beyond the society’s capacity may only be ratified by the society by special resolution.

(4)

A resolution ratifying such action shall not affect any liability incurred by the directors or any other person; relief from any such liability must be agreed to separately by special resolution.

Annotations

Textual amendments

F1: Sch. 2 Pt. II substituted (1.12.1997 in specified cases and for specified purposes and otherwise in accordance with art. 2(2)(3)(5) of S.I. 1997/2668) by 1997 c. 32, ss. 3(2), 47(3), Sch. 1; S.I. 1997/2668, art. 2, Sch. Pt. II(c)

Notes on Schedule 2

Modifications

C1: Sch. 2 modified (3.1.1995) by 1994 c. 40, ss. 17(3), 82(2)
C2: Sch. 2 applied (with modifications) (7.4.2010) by The Building Societies (Financial Assistance) Order 2010 (S.I. 2010/1188), arts. 1(2), 8

Notes on Part II

Textual amendments

F1: Sch. 2 Pt. II substituted (1.12.1997 in specified cases and for specified purposes and otherwise in accordance with art. 2(2)(3)(5) of S.I. 1997/2668) by 1997 c. 32, ss. 3(2), 47(3), Sch. 1; S.I. 1997/2668, art. 2, Sch. Pt. II(c)

Notes on Capacity of society not limited by its memorandum

Textual amendments

F1: Sch. 2 Pt. II substituted (1.12.1997 in specified cases and for specified purposes and otherwise in accordance with art. 2(2)(3)(5) of S.I. 1997/2668) by 1997 c. 32, ss. 3(2), 47(3), Sch. 1; S.I. 1997/2668, art. 2, Sch. Pt. II(c)