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LIFE INSURANCE ACT 1995 - SCHEDULE 2

Modifications relating to friendly societies

Note:   See sections   16KA and 16ZAA.

Part   1 -- Modification of Part   4 of this Act

 

1   Modification of Part   4 of this Act

    Part   4 of this Act has effect in relation to a friendly society as if Divisions   5 and 6 of that Part were omitted and the following Division substituted:

Division   6--Distribution of surplus in approved benefit fund

56   Distribution of surplus

  (1)   If the appointed actuary of a friendly society advises the society, in writing, that there is a surplus in an approved benefit fund of the society, the society may, if the rules of the approved benefit fund so provide, do one or more of the following:

  (a)   pay, apply or allocate all or part of the surplus to the members of the approved benefit fund;

  (b)   transfer all or part of the surplus to another approved benefit fund of the society;

  (c)   transfer all or part of the surplus to the management fund of the society (within the meaning of subsection   45(5)).

Note:   For subsection   45(5), see section   16K.

  (2)   If the surplus includes an asset other than money, the value of the asset is the fair value of the asset determined in accordance with subsection   45(3).

  (3)   A distribution under subsection   (1) must comply with any applicable requirements in the prudential standards.

Part   2 -- Modification of Part   6 of this Act

 

2   Sections   75 and 76 of this Act

    Part   6 of this Act has effect in relation to a friendly society as if sections   75 and 76 were omitted and the following section substituted:

75   Financial records--friendly societies

    A friendly society must keep such records of the income and outgoings of:

  (a)   the management fund of the society (within the meaning of subsection   45(5)); and

  (b)   each approved benefit fund of the society;

as will record properly the affairs and transactions of the society in respect of each fund.

Note:   For subsection   45(5), see section   16K of this Act.



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