Agricultural Loan Societies Regulations, 1961

AGRlCULTURAL CREDlT BOARD THE AGRICULTURAL, CREDIT BOARD ACT 3 REGULATIONS (under section 6) THE AGRICULTURAL LOAN SOCIETIES REGULATIONS, 1961 (Made by the Agricultural Credit Board on the I9th day of January, L . N . M / ~ ~ I961 and approved by the Minister on the 3rd day of February, 1961) ;.%d&/a 1. These Regulations may be cited as the Agricultural Loan Societies Regulations, 1961. 2. (i) Every application by a body of persons for registration under subsection (1) of section 12 of the Act shall be in the Form A1 in the Forms AI. Schedule and shall be accompanied by a copy of the rules of such body and by the particulars specified in the Form A11 and A111 in the &he- AI, ~ 1 1 1 . dule. (ii) Every body of persons applying for registration shall also give any further information required by the Board. 3. Every agricultural loan society shall inform the Board in writing of any proposed amendment to its rules at least fourteen clear days before the general meeting at which it is proposed to consider such amendhnent, and, if, in the opinion of the Board, the proposed amend ment will be prejudicial to the stability of the agricultural loan society or any security which the Board holds for any loans made to such society not yet repaid, the Board shall have the right to require repayment of such loans before registration by the Registrar General of Jamaica of such amendment. 4. Every agricultural loan society shall forward to the Board a copy of any amendment to its rules within seven clear days of the passing of such amendment. 5. Every agricultural loan society desiring a loan from the Board 6. The Board shall have power to call upon any agricultural loan society applying for or obtaining a loan under the Act or from any funds at the disposal of the Board to furnish such information and to produce such documents as may seem necessary to the Board. shall make application in the Form B in the Schedhle. Form B. me inclusion of tht page is authorized by L.N. 4119761 4 THE AGRICULTURAL LOAN SOCIETIES REGULATIONS, 1961 7. Any loan made by the Board to an agricultural loan society shall be utilized by such society for the purpose stated in its applica tion and as approvedl by the Board and shall not be utilized for any other purpose without the previous consent in writing of the Board. 8. When the Board agrees to make a loan to any agricultural loan society under paragraph Cc) of subsection (2) of section 4 of the Act, a loan receipt in the Form C in the Schedule shall be executed in proper manner and delivered to the Board. m m C. 9. Every agricultural loan society shall classify loans issued under such heads and on such forms as may be approved by the Board from time to time. 10. Every agricultural loan society shall within four months of the close of its financial year submit to the Board a certified copy of the annual' return, the balance sheet and financial statements, and the Report of the auditors made by the society to the Registrar General of Jamaica under section 13 of the Industrial and Provident Societies Act, and all amendhnents thereto or under any other en actment affecting such society. 11. Every agricultural loan society shall keep written up to date (U) minutes of meetings of the Committee of Management and of the Council of Supervision; (b) a Value Book in which shall be recorded all registered letters and valuables, including loan securities, received; (c) a Share Register giving the names and addresses of all mem bers and number of shares held by each member with a record of all transfers of shares; (d) a Cash Book in which shall be recorded all cash receipts and payments; (e) a Petty Cash Book in which shall be recorded all petty casb expenditure and reimbursements; (f) Shares and Loans Ledgers in which shall be entered all instalments paid by members from time to time on account of their shares, particulars of loans made to borrowers and the following books [The inclusion of this page is authorized by L.N. 4/1976] THE AGRICULTURAL LOAN SOCIETIES REGULATIONS, 1961 5 payments made in reduction of such loans and for interest and other charges, and details of the security given and the terms and conditions on which each loan is issued; (g) a Security Register in which shall be recorded all securities held in respect of loans made by the society; (h) a Journal in which shall be recorded all adjustments in respect of the Ledgeu accounts; (0 a General Ledger in which shall be kept separate accounts for each type of loan received from the Board, necessary control accounts, and the Reserve Fund account. 12. Every agricultural loan society shall cause a monthly state ment to be prepared in the Form D in the Schedule for submission Form D to the committee of management of the society at its first meeting after the close of each month and a copy of such statement shall be fmarded to the Board. 13. Any amount authorised by way of salary or reward to the secretary, manager or any other officer of an agricultural loan society shall be subject to the approval in writing of the Board and such approval may be withdrawn by the Board at any time. 14. The committee of management of every agricultural loan society shall require every officer having the receipt or custody of the society’s funds to give security in the form of a fidelity insurance policy for such amount as shall be approved by the Board. Such policy and all renewals and renewal receipts as shall be given shall be forwarded to the Board and shall be retained by the Board. 15. Every aMcultural loan society shall cause its secretary or other officer authorised to receive moneys on behalf of the society to be supplied with a receipt book as approved by the Board, and such officer shall issue a receipt for every payment made to him on behalf of the society and retain in the receipt book the carbon copy or copies of the receipt issued. 16. An agricultural loan society which is in receipt of a grant shall not pay interest on its share capital either as dividend or bonus or by way of distribution of profits at a rate exceeding two and one-half per centurn per annum without the consent in writing of the Board. Crae inclusion of thir p8gc is authaizcd by L.N. 4/1976l 6 THE AGRICULTURAL LOAN SOCIETIES REGULATIONS, 1961 17. An agricultural loan society which is not in receipt of a grant may pay such interest on its share capital not exceeding four per centum per annum as may be agreed upon by its members, but shall not be at liberty to pay any further interest to its shareholders either as dividknd or bonus or in the way of distribution of profits without the consent in waiting of the Board. 18. The secretary or manager of an agricutural loan society shall, on being requested to do so by the Board or by the duly appointed officer or officers of the Board, submit the cash of the society to be checked and all its books, securities, documents and papers whatso ever so that the same may be examined and such extracts may be taken therefrom as shall be considlered necessary by the Board for obtaining the fullest information. 19. All payments by an agricultural loan society to the Board shall be by cheque which shall be crossed and made payable to the Agricultural Credit Board. Cheques shall not be drawn in favour of any officer of the Boad. 20. The secretary or other officer of an agricultural loan society having custody of the funds of the society shall lodge such funds in a Bank approved by the Board in the registered name of the society. Any cash balance exceeding twenty dollars in the hands of the Secretary or such other officer shall be lodged in the Bank as soon as possible. 21. As a condition precedent to the granting of a loan to an agricultural loan society, the Board shall have power at any time to require such society to make proper provision for the safe-keeping of its cash, books, securities, documents and other property. 22. Every agricultural loan society shall advise the Board im mediately of any change in the persons holding the office of chairman, treasurer, secretary, manager and any other office, and, any change of persons authorized to sign cheques. 23. An agricultural loan society shall, within two weeks of the receipt of a statement of its indebtedness to the Board, certify the correctness of the same by the chairman, treasurer (or a member or members of the committee authorized to sign cheques), and the secretary (or manager as the case may be) of the society after they pXe inclusion of this page is authorized by L.N. 4119761 . THE AGRICULTURAL LOAN SOCIETIES REGULATIONS, 1961 7 have satisfied themselves that such statement agrees with the balanm shown in the books of the society. Any difference between the figures shown in the Boardl's statement and the accounts of the scciety shall forthwith be bought to the notice of the Bcard. 24. Every agricultural loan society shall at the end of its financial (U) to each member of such society a statement showing the amount (if any) owing by him to the society on account of shares; (b) to every person indebted to such society a statement showing the amount owing by him to the society in respect of loans, interest and other expenses. year forward 25. In these Regulations references to the rules of a body of persons shall, in relation to a company, be deemed to include references to the Memorandum and Articles of Association of that company. 26. Every charge created under section 27 of the Act shall be in the Form E in the Schedule. Form E. 27. Every memorandum required by section 28 of the Act to be prepared in respect of a charge on crops and/or movable property created under section 27 of the Act shall be in the Form F in the Form F Schedule. 28. Every memorandum required by section 28 of the Act to be prepared in respect of a mortgage of land not under the Registration of Titles Act shall be in the Form G in the Schedule. Form G. 29. Every release under section 33 of the Act shall be in the Form H Form in the Schedule. [The inclusion of this page ir authorized by L.N. 4119761 THE AGRICULTURAL LOAN SOCIETIES REGULATIONS, 1961 SCHEDULE Form A' (Regulation 2) APPLICATION FOR REGISTRATION AS AN AGRICULTURAL LOAN SOCIETY Rtgistered Office of the ................................................ .Ltd., ................................................. P.O., ............................................... 19 ...... MANAGER, Agricultural Credit Board P.O. Box 457, Kingston. Dear Sir. I am directed by the Committee of Management of the ........................... ....................................... Limited hereinafter referred to as the Society, to apply to your Board to register the Society ,as an Agricultural Loan Society under secton 12(1) of the Agricultural Credit Board Act. 2. As required by thz regulations made by your Board under section 6 of the Agricultural Credit Board Act, I forward herewith a copy of the Rules* of the Society. 3. I enclose Form of Particulars duly comp!eted. I also give on the attached sheet the names and addresses of the Chairman Treasurer, Secretary. Aud.tors and Members of the Managing Committee of the Society. Yours truly, ............................................................ Secretary *Memorandum and Articles of Association. where the sodcry is a company (Regulation 2) Form A11 To accompany an Application to the Agricultural Credit Board for Registration In re application of ........................................................................ Limited (h-reinafter referred to as the Society) for registration as an Agricultural Loan Society under section 12(1) of the Agricultural Credit Board Act. 1. Is the Soclety registered as an ............................................... Industrial and Provkdent Society? ............................................... If so. give number and date of ............................................... Registration Certificate. ............................................... 2. If the Society is registered under ............................................... any other Act please state which, ............................................... and give number and date of ............................................... Registration Certificate. ............................................... 3. Please give the situation and postal address of the rcgiskred office. 4. Please g:ve the days on which and the hours during which the office of the Society is opened for busi ............................................... ............................................... ............................................... ............................................... ............................................... ness. ............................................... p h inclusion of thb page ia authorized by L.N. 4119761 THE AGRlCULTURAL LOAN SOCIETIES REGULATIONS, 1961 9 5. What is the membership of the Society at the date of this applka tion? 6. What is the amount of the Issued Share Capital of the Society at the date of this application? Please give the number and nominal value of each class of shares? 7. What is the amount of the Paid up Share Capital of the Society at the date of this application? 8. Please give full particulars regard ing shares forfeited, if any. 9. What is the amount of the Re serve Fund, if any, of the Soclety at date of this application? ............................................... ............................................... ............................................... ............................................... ............................................... ............................................... ............................................... ............................................... ............................................... ............................................... .............................................. ............................................... ............................................... ............................................................ Secretary ............................................. 19 ...... Form All1 (Regulation 2 ) NAMES OF OFFICERS OF S O C I E n In re application of ........................................................................ Lmited for registration as an Agricultural Loan Society under saction 12(1) of the Agricultural Credit Board Act. Chairman Treasurer Name Address ................................ ................................ ................................ ................................ Manager ................................ ................................ secretary ................................ ................................ Assistant Secretary ................................. ................................ Clerk ................................ ................................ Clerk ................................ ................................ Members of Committee 1 ................................ ................................ ................................ ................................ 3. ............................... ................................ 4. ............................... ................................ 5. ............................... ................................ 6. ............................... ............................... 7. ............................... ................................ me inclusion of thir page is authorized by L.N. 4/1976] 10 THE AGRICULTURAL LOAN SOCIETIES REGULATIONS, I961 Form A l l l , contd. Office Name ............................... Address ................................ ................................ ................................ ................................ ................................ Members of Council of ................................ ................................ Supervision, if any ................................ ................................ ................................ ................................ ................................ ................................ . ................................ ................................ Auditors ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ............................................................ Secretary ................................................ 19 ...... Form B (Regulation 5 ) THE AGRICULTURAL CREDIT BOARD ACT APPLICATION FOR LOAN 1. Name of Society .............................................................................. 2. Dite of Registration as an Agricultural Loan Society .............................. 3. Amount of Loan required: Short-Term ................................................................................. Medium-Term.. ........................................................................... Long-Tarn. ................................................................................ 4. Period for which Loan required: Short-Term ................................................................................. Medium-Term. ............................................................................ Long-Term. ................................................................................ 5. Purpose for which loan required ......................................................... Signed on behalf of the ............................................................... Limited. ..................................................... .Chairman ..................................................... .Treasurer ...................................................... Secretary Dated this ................................. day of .............................. 19 ...... Ilhe mfluriOn of thb page ir authorizsd by L.N. 4119161 THE AGRICULTURAL LOAN SOCIETIES REGULATIONS, 1961 No. of Shareholders at. ..................................................................................... No. of $2.00 shares at.. ..................................................................................... ...................................................................................... No. of $1 0.00 shares at.. Issued Share Capital at ...................................................... .$ .................................. ........................ .... Paid-up Share Capital at ........................................................ $ .. .................................. Reserve Fund at.. .................................................................................... $ ................................... Indebtedness to the Board at date of application.. .......................... $ Form C (Regulation 8 ) THE AGRICULTURAL CREDIT BOARD ACT Mortgage Receipt The.. ................................................................................................ Limited (hereinafter referred to as "the Society") hereby acknowledge the receipt from the Agricultural Credit Board, appointed under the Agricultural Credit Board Act (hereinafter referred to as "the Board) of the sum of ................................................ .............................................................. as a loan to be repaid with interest at the rate of ........................................... ..per ceritlrai per annum payable quarterly on the unpaid balance of the loan on the 1st January, 1st April. 1st July and 1st October in each year. The principal sum is to be repaid on the ..................................................................... : Provided that if interest is paid regularly on each of the foregoing quarter days and each and every one of the instalments following be regularly paid, that is to say ...................................................................................................... ..................................................................................................................... then payment of the principal sum shall not be required otherwise than by such instalments but provided, however, that if default is made in the payment of any quarterly instalments on account of principal or in the payment of interest or in the breach of any provision of the Agricultural Credit Board Act, or any regulation made thereunder, then the whole of the principal sum shall immediately become due and payable without further demand. For securing the repayment to the Board of the said Loan together with interest and in the manner aforesaid, the Society hereby charges and makes liable all its share capital, assets and property, real and personal, at this date and also all its share capital, assets and property, real and personal. acquired subsequent to this date, and the Society hereby undertakes ac~d agrees when called upon so to do to execute forthwith all such deeds and documents for the purpose of further assurance as the Board may from tlme to time require. It is hereby agreed that this security shall confer on the Board all the rights and powers contained in the Agricultural Credit Board Act, and all amendments thereto and it is further agreed and declared that the Society shall conform to all regulations made by the Board from time to time under the Agricultural Credit Board Act. Form C, contd. Dated this.. ............................ ...day of.. ............................. .19.. ....... ...................... THB COMMON SEAL of the.. ........................................................ .................. Limited was on the ......day of ...................... 19.. .......... affixed hereto in the presence of.. ................................... the Chairman and.. ................................ the Secretary who with ........................... the Treasurer thereupon respectively subscribed their names hereto in the presence of Justice of the Peace ................................................ Chairman ................................................ Secretary ................................................ Treasurer THE AGRICULTURAL LOAN SOCIETIES REGULATIOPIS, 1961 13 Form D (Regulation 12) AGRICULTURAL CREDIT BOARD Am Monthly Report Name of Society ....................................................................................... Month.. ........................................ Receipts Balanced Cash Bank ShfUU Deposits Loans from A.C. Board Short-Term Medium-Term Long-Term Collections-Loans Short-Term Medium-Term Long-Term Collcctioar-Interrst Other Receipts Previous Month Present Month Payments Loans Issued Short-Term Medium-Term Long-Term Loan Repayments A.C. Board Sbort-Term Medium-Term Long-Term Interest Payments A.C. Board Other Payments Balancea cash Bank Previous Month Present Month ............................................... Secretary Date ........................................... iud& of this page is authorized by L.N. 4119761 14 THE AGRICULTURAL LOAN SOCIETIES REGULATIONS, 1961 1. Membership 2. Shares Issued sz.00 $10.00 3. Shares Paid up s2.00 $10.00 4. Loans outstanding 5. Arrears-Loans 6. Arrears-Interest 7. Accounts-Committee Members (i) Arrears-Loans (U) Arrears-Interest 8. Agricultural Credit Board (i) Amount owing to the Form D, contd. Previous Month Board (ii) Arrears-Loan Instalments (iii) Arrears-Interest Present Month s ................................................ Secretary Date. ............................................ Form E (Regulation 26) CHARGE (under section 27 of the Agricultural Credit Board Act) THIS CHARGE is made the ........................ day of ....................................... 19.. .... B E T ” .................................................................................... Of ......................................................... of the parish of .............................. (hereinafter called “the Borrower”) of the ONE PART and .............................. ..................................................... .of in the parish of ....................................... (hereinafter called “the Lenders”) of the OTHER PART: WHEREAS the Borrower has applied to the Lenders for a loan of ................................................ which the Lenders have agreed to make to (occupation) [The inclusion of this page is authodzed by L.N. 4119761 THE AGRICULTURAL LOAN SOCIETIES REGULATIONS, 1961 15 the Borrower in the instalments and for the purposes set out in the F W T First SCHEDULE hereto upon having the repayment thereof secured in manner schcdu’e hereinafter appearing: ......................................................... (hereinafter called “the said principal sum”) to be lent as aforesaid to the Borrower by the Lenders: Now m s INSTRUMBNT WITNESSBTII TWT in consideration of the sum of (1) The Borrower hereby COVENANTS with the Lenders as follows: (a) (i) To pay to the Lenders at ................................................... or at such other place as the Lenders may direct the said principal sum of ................................................... in the manner set out in the S ~ N D scmxw~.~ hereto and in the meantime and so Second long .as the said principal sum or any part thereof shall remain schcdulc u n p d to pay to the Lenders at the place aforesaid interest on the said principal sum or so much thereof as shalJ for the day of ................................. 19 ...... at the rate of twelve dollars per centurn per annum by quarterly payments on the first day of each of the months of January, April, July and October in each and every year, the first of such payments to be made on the .............................. day of ............................................. 19 ...... (ii) To pay to the Lenders on demand all costs charges and expenses incurred by them in the.collection of any arrearages which may time be out stand^ on the account of the Borrower or Er%e protection or egrcement of their riphts or interests hereunder : PROVIDED THAT. if the Borrower. fails to pay to the Lenders any money owing under t h ~ s Charge withm thirty days after payment thereof becomes due this security shall become immediately enforceable. (b) To deliver to the Lenders within 14 days after a written request therefor by the Lenders, a full and accurate statement of all dealmgs up to the date thereof with the property subject to this Charge and of the progeny, if any, of any livestock 80 subject and of any replacements of plant or other matters relating to the property hereby charged as the Lenders may reasonably require. (c) That until he reociveS notice in writing to the contrary from the Lenders the Borrower shall deal yith and dispose of the crops and Thkd schduk. produce m the manner specified in the THIRD SCHEDUL.R (2) The Borrower hereby CHAROBS the crops and movable property parti culars whereof are set forth in the FOURTH SCHEDULE and including in the FOU& case of livestock any progeny thereof which may be born after the date !ktddo. hereof and in the case of agricultural plant any plant which may whilst this Charge is in force be substituted for the plant specified in the said Schedule with the payment to the Lenders of the said principal sum to gether with interest at the rate aforesiad and all other moneys hereby SCClWed. time being remain unpaid computed as from the ........................ (3) AND IT Is EIEREBY AGREED AND DECLARED as follows: (a) That this Charge is subject to the rights and obligations conferred or imposed by the Agndtural C+t Board Act and also to the (b) That the Powers of Sale and a l l a n d powers confmed upon any notm to or demand on or consent by the Borrower NOT O ~ Y on the hap ning of the events mentioned in the said Act B W ~ ALSO whenever Ere shall be any other breach or non-observance .of any of the covenants or conhtions herein contained or implied AND that immediately on the happemng of any of the events afore said the prinapal sum and all other moneys intended to be hereby secured shall become due and jmyable and such moneys shall be Special Conditions of Loan set out m the p~pra SCHEDULE. Fifth scbsduh. Lenders. by the said Act shall be exercisab ’”r e by the Lenders without P%e iacludon of thia p.0~ ia authorized by L.N. 4/19761 16 THE AGRICULTURAL LOAN SOCIETIES REGULATIONS, I961 recoverable by suit or otherwise as and for moneys then due and payable by the Borrower to the Lenders under the covenants herein contained and shall so remain until full payment thereof. (c) AlI notices shall be well and sufficiently served on the Borrower by beiig sent by post addressed to ................................................ ...................................................................... ..P.O. Delete words in itaIics where inapplicable. FIRST m U L B Loan Znstalments SECOND SCABDULE Repayment Instalments THIRD SCmeDuLB As to Disposal of Crops and Produce FOURTH SCHEDULE The following crops and movable property growing on or situated at AL.L TR ...... parcel of land known as ......................................................... situated at ................................. in the paaish of ....................................... (and registcred/recorded at ............................... Folio .................................. ) FxFm SCABbuta Special Conditions of Loan THE BoRnOwEFt (a) Shall expend the hstahents of the principal sum as and when received exclusively for the purposes for which the loan has been granted as set out in the FIRST SCHEDULB of this charge and to the satisfaction of the Ministry of A&ulture. (b) Shall produce at such intervah as may be required by the Lenders or any person thereunto authorized in writing by the Lenders an account showing the in which the loan was expended and such aoC0u)lt shall be verified on oath or in such other manner as may be required by the Lenders or by such person. (c) Shall insure and keep insured in the name of the Lenders with a company to be approved of by the Lenders in such sum and against such risks as the Lenders shall require all property from time to time subject to this Charge. (d) Shall maintain the cultivation of any crop subject to this Charge in good and husbandlike manner. (e) Shall keep in good and substantial repair all movable property subject to this Charge. (f) Shall permit the Lenders or any person authorized in writing for the purpose by the Leaders to inspect from time to time the cxom or property subject to the Charge. (g) Shall not m o v e , dismantle, or in any way alter any property subject to the Charge without the prior consent in writing of the Lenders. If the Borrower fails to discharge any of the obligations imposed upon him by the Agricultural Credit Board Act or by this Charge no instalment not yet paid by the Lenders shall be peyable and the provisions of paragraph 3 of this Charge shall become enforceable by the Lenders. plrc inclusion of thir pew is authorized by L.N. 4/19761 THE AGRICULTURAL LOAN SOCIETIES REGULATIONS, 1961 17 ................................................... ................................................... SIGNED by the said in the presence of: ................................................... Justice of the Peace RECEIPT Received from the .................................................................................... the sum of ........................................................................... being the first instalment on account of the loan of ......................................................... ................................................... Date ................................................... Signature of Borrower Form F (Regulation 27) THE AGRICULTURAL CREDrr BOARD ACT MEMORANDUM to the Deputy Keeper of the Records in respect of U CHARGE (on crops d / o r movable property created under section 27) (Section 28) Name and address of Borrower: ................................................... .............................................. P.O. Name and address of Lenders: ................................................... .............................................. P.P. Date of Charge: ................................................... Consideration : ................................................... rnovabfe property charged: Descri tion of the crops andlor (Where crops am growing on land under Registration the of Titles Act. state Volume and Dated this.. ........................... .day of.. ......................................... 19.. ...... Folio). ................................................... Signature of Borrower ................................................... Signature of Witness NOTE: Where the. Clmrge affects crop g r o a on land which is under the Registration of T i h Act a copy of thir Memorandum should also be transmitted to the Registrar of Titlu in order h t a Caveat may be lodged .oaina the title to thc land. Crae inclruiDn of thh page is authorized by L.N. 4l19761 THE AGRICULTURAL LOAN SOCIETIES REGULATIONS, 1961 Form G (Regulation 28) Tm AGRICULTURAL CREDIT BOARD Am MEMORANDUM to the Deputy Keeper of the Records in respect of a MORTGAGE (of land not under the Registration of Titles Act) (Section 28) ............................................ .:P.O. .............................................. P.O. Name and address of Mortgagor: Name and address of Mortgagor: Name and address of Mortgagees: ................................................... ................................................... ................................................... nr\ Date of Mortgage : Consideration : Description of premises : .............................................. r.u. ................................................... ................................................... ALLTH ......... Dated this.. ........ :. ..................... day of. ......................................... 19.. .... ................................................... Signature of Mortgagor Signature of Mortgagor ................................................... ................................................... Signature of Witness Form H (Regulation 29) Release (Section 33) The. ........................................................................................................ of ..................................................................................................... P.O. hereby acknowledge the receipt from ......................................................... of ................................................... P.O. .of all amounts owing in respect of a loan of ................................................ secured by a MortgagelChmge dated ................................................... and RBLBASB from the said MortgagelCharge the land crops (growing on lands registered at Vohmc ............... Foho ............... and movable property described in the Memorandum dat ed.... ........................................................ to the Deputy Keeper of the Records. (seal) ................................................... Secretary of .................................................. ’ Date. .