Article 5 Purported contracts, deeds and obligations

(1)

After section 28 of the principal Act (contracts) there shall be inserted the following section—

“Purported contracts, deeds and obligations
28A
(1)
A contract which purports to be made by or on behalf of a registered society at a time when the society has not been registered under this Act shall have effect, subject to any agreement to the contrary, as one made with the person purporting to act for the society or as agent for it.
(2)
A contract to which subsection (1) applies shall be treated—
(a)
as imposing on that person all the obligations it purports to impose on the society; and
(b)
as conferring on him all the rights it purports to confer on the society.
(3)
Subsections (1) and (2) apply to the making of a deed as they apply to the making of a contract.”.

(2)

In section 102of the principal Act (Great Britain societies), after subsection (4) there shall be inserted the following subsection—

“(4A)
In section 28A(1)—
(a)
the reference to a registered society includes a reference to a society registered under the law for the time being in force in Great Britain for purposes corresponding to those of this Act; and
(b)
the reference to this Act includes a reference to that law.”.

Notes on the whole Order

Textual amendments

F1: Order: "The Industrial and Provident Societies (N.I.) Order 2006 may be cited as The Co-operative and Community Benefit Societies (N.I.) Order 2006" (6.4.2018) by virtue of the Credit Unions and Co-operative and Community Benefit Societies Act (N.I.) 2016 c. 16 (N.I.), ss. 8(2), 17(2) (with Sch. 2 paras. 2, 3); 2017 SR217, art. 2(b)