Jersey Law 4/1982

 

DEPOSITORS AND INVESTORS (PREVENTION OF FRAUD) (AMENDMENT No. 5) (JERSEY) LAW, 1982.

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A LAW   to amend further the Depositors and Investors (Prevention of Fraud) (Jersey) Law, 1967, sanctioned by Order of Her Majesty in Council of the

 

10th day of MARCH, 1982.

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(Registered on the 2nd day of April, 1982).

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STATES OF JERSEY.

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The 3rd day of February, 1981.

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THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law:  -

ARTICLE 1

Article 1 of the Depositors and Investors (Prevention of Fraud) (Jersey) Law, 1967,1 as amended, (hereinafter referred to as “the principal Law”) shall be amended in paragraph (1) by deleting the definitions of “friendly society” and “industrial and provident society” and substituting the following definitions –

“ ‘friendly society’ means a society which is registered within the meaning of the Friendly Societies Act 1974 (of the United Kingdom) or is registered or deemed to be registered under the Friendly Societies Act (Northern Ireland) 1970;

‘industrial and provident society’ means a society that is registered or deemed to be registered within the meaning of the Industrial and Provident Societies Acts 1965 to 1978 (of the United Kingdom) or the Industrial and Provident Societies Act (Northern Ireland) 1969;”.

ARTICLE 2

Article 3 of the principal Law2 shall be amended –

(a)     in paragraph (2) –

(i)      by inserting at the end of sub-paragraph (a) the word “or”; and

(ii)     by deleting sub-paragraphs (b) to (f) together with the proviso and substituting the following sub-paragraph –

“(b)   a person for the time being specified in the Schedule to this Law.”; and

(b)     by inserting after paragraph (2) the following paragraph –

“(3)            The Committee may from time to time by order –

(a)     add a person to the list set out in the Schedule to this Law; or

(b)     remove a person from that list (whether that person was included in the list as originally enacted or was added to it by virtue of this paragraph).”.

ARTICLE 3

The principal Law shall be further amended by adding after Article 12 thereof3 the following Articles –

“ARTICLE 12A

Restriction on use of certain names and descriptions

Notwithstanding anything contained in any other enactment no person carrying on business of any description in the Island, other than –

(a)     the States;

(b)     the bank of the Governor and Company of the Bank of England;

(c)     the central bank of a member State of the European Economic Community;

(d)     a London clearing bank;

(e)     a trustee savings bank within the meaning of the Trustee Savings Banks Act 1969 (of the United Kingdom);

(f)      the Central Trustee Savings Bank Limited;

(g)     the Post Office of the United Kingdom in the exercise of its powers to provide Banking services;

(h)     the National Savings Bank of the United Kingdom;

shall use any name or in any other way so describe himself or hold himself out as to indicate, or reasonably be understood to indicate, that he is a bank or banker or is carrying on a banking business unless he has first obtained the permission of the Committee.

ARTICLE 12B

Registration of companies

Upon an application being made to the Royal Court in pursuance of the provisions of the Companies (Jersey) Laws, 1861 to 1968 for the registration of a company in the proposed name of which there appears any of the words ‘bank’, ‘banker’, ‘banking’ or any cognate expression, whether in the English language, or in any other language, the Royal Court shall not grant the application unless it is satisfied that the applicants therefor have first obtained the permission of the Committee to the use of the word concerned in the name of the company in pursuance of the provisions of Article 12F of this Law.

ARTICLE 12C

Change of name of existing companies

A company which on the date of the coming into force of this Article is registered in pursuance of the provisions of the Companies (Jersey) Laws, 1861 to 1968 and which has in its name any of the words ‘bank’, ‘banker’, ‘banking’ or any cognate expression, whether in the English language or in any other language, shall, before the expiration of the period of twelve months commencing on the date of the coming into force of this Article, apply to the Royal Court to have its name changed to one which does not contain any such word or expression as aforesaid unless before the expiration of such period as aforesaid the company has obtained the permission of the Committee to retain the use of the word or expression concerned in its name in pursuance of the provisions of Article 12F of this Law.

ARTICLE 12D

Registration of business names

Notwithstanding the provisions of Article 12 of the Registration of Business Names (Jersey) Law, 1956, upon an application being made to the Judicial Greffier in pursuance of the provisions of that Law for the registration of a business name in which there appears any of the words ‘bank’, ‘banker’, ‘banking’ or any cognate expression, whether in the English language, or in any other language, the Judicial Greffier shall not grant the application unless he is satisfied that the applicants therefor have first obtained the permission of the Committee to use the word or expression concerned in the business name in pursuance of the provisions of Article 12F of this Law.

ARTICLE 12E

Application to committee for permission to use certain words in name of company

(1)          Any person desirous of obtaining the permission of the Committee for the purposes of Articles 12A, 12B, 12C or 12D of this Law shall make application in that behalf to the Committee and such application shall be in such form and accompanied by such information as the Committee may, from time to time, require.

(2)          Upon receipt of an application under the provisions of Articles 12A, 12B, 12C or 12D of this Law or at any time thereafter, the Committee may require an applicant to supply such further information as the Committee may consider necessary or desirable.

ARTICLE 12F

Grant or refusal of permission by committee

Upon receipt of an application under the provisions of Article 12E of this Law the Committee may either –

(a)     grant the permission applied for;

(b)     refuse such permission; or

(c)     grant such permission subject to such conditions as the Committee may think it necessary or expedient to impose.

ARTICLE 12G

Offences

Any person who –

(a)     contravenes the provisions of Articles 12A or 12C of this Law; or

(b)     is in breach of a condition imposed under sub-paragraph (c) of Article 12F of this Law;

shall be guilty of an offence and liable, on conviction, to a fine not exceeding five hundred pounds or where the offence consists of continuing any such contravention after conviction thereof, twenty-five pounds for each day on which it is so continued.”.

ARTICLE 4

Article 15 of the principal Law4 shall be amended in paragraph (4) by inserting after the words “against this Law” the words “, other than an offence under Article 8 of this Law,”.

ARTICLE 5

The principal Law shall be amended by inserting at the end thereof5 the following Schedule –

 

SCHEDULE

(Article 3)

Exceptions from prohibition in Article 3

1.       The bank of the Governor and Company of the Bank of England.

2.       The central bank of a member State of the European Economic Community.

3.       A London clearing bank.

4.       A trustee savings bank within the meaning of the Trustee Savings Banks Act 1969 (of the United Kingdom).

5.       The Central Trustee Savings Bank Limited.

6.       The Post Office of the United Kingdom in the exercise of its powers to provide banking services.

7.       The National Savings Bank of the United Kingdom.

8.       A friendly society or an industrial and provident society.

9.       A building society except during any period in respect of which a direction given by the Chief Registrar of Friendly Societies under section 51 of the Building Societies Act, 1962 (of the United Kingdom) is in force.”.

ARTICLE 6

(1)           This Law may be cited as the Depositors and Investors (Prevention of Fraud) (Amendment No. 5) (Jersey) Law, 1982, and this Law and the Depositors and Investors (Prevention of Fraud) (Jersey) Laws, 1967 to 1978, may be cited together as the Depositors and Investors (Prevention of Fraud) (Jersey) Laws, 1967 to 1982.

(2)           This Law shall come into force forthwith on registration.

 

E.J.M. POTTER,

 

Greffier of the States.



1        Volume 1966 – 1967, page 613.

2        Volume 1966 – 1967, page 615.

3        Volume 1966 – 1967, page 621.

4        Volume 1975 – 1978, page 406.

5        Volume 1966 – 1967, page 623.


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