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SCHEDULE III.
Form of Statement to be made out by a Society carrying on the Business of Banking.
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Sects. 19
,
43
,
44
,
47
.
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1. Capital of the society:—
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(a) Nominal amount of each share;
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(b) Number of shares issued;
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(c) Amount paid up on shares.
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2. Liabilities of the society on the first day of January (or July) last previous:—
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(a) On judgments;
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(b) On specialty;
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(c) On notes or bills;
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(d) On simple contract;
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(e) On estimated liabilities.
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3. Assets of the society on the same date:—
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(a) Government, or other securities (stating them);
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(b) Bills of exchange and promissory notes;
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(c) Cash at the bankers;
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(d) Other securities.
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Forms of Bond.
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(1) In England or Ireland.
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(a) Know all men by these presents, that we, A.B., of , one of the officers of the , Limited, herein-after referred to as “the Society,” whose registered office is at in the county of , and C.D., of (as surety on behalf of the said A.B.), are jointly and severally held and firmly bound to the said society in the sum of , to be paid to the said society, or their certain attorney, for which payment well and truly to be made we jointly and severally bind ourselves, and each of us by himself, our and each of our heirs, executors, and administrators, firmly by these presents. Sealed with our seals. Dated the day of
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Whereas the above-bounden A.B. has been duly appointed to the office of of the Society, and he, together with the above-bounden C.D. as his surety, have entered into the above-written bond, subject to the condition herein-after contained: Now therefore, the condition of the above-written bond is such, that if the said A.B. do render a just and true account of all moneys received and paid by him on account of the society, at such times as the rules thereof appoint, and do pay over all the moneys remaining in his hands, and assign and transfer or deliver all property (including books and papers) belonging to the society in his hands or custody to such person or persons as the society or the committee thereof appoint, according to the rules of the society, together with the proper and legal receipts or vouchers for such payments, then the above-written bond shall be void, but otherwise shall remain in full force.
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Sealed and delivered in the presence of .
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(b) Know all men by these presents that I , of , in the county of , am firmly bound to , Limited, herein-after referred to as “the Society,” whose registered office is at , in the county of , in the sum of pounds sterling to be paid to the said society or their assigns, for which payment to be truly made to the said society or their certain attorney or assigns I bind myself, my heirs, executors, and administrators, by these presents sealed with my seal.
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[And know further that I [we]
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as surety [sureties] for the above-named principal obligor and such obligor are jointly and severally bound to the society in the sum aforesaid to be paid to the society or their assigns, for which payment to be truly made to the society or their certain attorney or assigns we firmly bind ourselves and each of us our and each of our heirs, executors, and administrators by these presents sealed with our seals.]
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Dated the day of 18 .
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The condition of the above-contained bond is that if the said faithfully execute the office of to the society during such time as he continues to hold the same in virtue either of his present appointment, or of any renewal thereof if such office is of a renewable character [without wasting, embezzling, losing, misspending, misapplying, or unlawfully making away with any of the moneys, goods, chattels, wares, merchandise or effects whatsoever of the said society at any time committed to his charge, custody, or keeping by reason or means of his said office], and render a true and full account of all moneys received or paid by him on its behalf as and when he is required by the committee of management of the society for the time being, and pay over all the moneys remaining in his hands from time to time, and assign, transfer, and deliver up all securities, books, papers, property, and effects whatsoever of or belonging to the society in his charge, custody, or keeping, to such person or persons as the said committee may appoint, according to the rules or regulations of the society for the time being, together with the proper or legal receipts or vouchers for such payments; and in all other respects well and faithfully perform and fulfil the said office of to the society according to the rules thereof, then the above-contained bond shall be void and of no effect; but otherwise shall remain in full force.
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Sealed and delivered by the above-named
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[The words between brackets against which we have set our initials being first struck out*
] in the presence of us
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and
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(2) In Scotland.
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I, A.B., of , hereby bind and oblige myself to the extent of £ at most, as cautioner and surety for C.D., a person employed by the society, that he, the said C.D., shall on demand faithfully and truly account for all moneys received and paid to him for behoof of the said society, and also assign and transfer or deliver all property (including books and papers) belonging to the said society in his hands or custody, and that to such person or persons as the said society or the committee thereof appoint, according to the rules of the said society.
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Dated at this day of
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Signature of cautioner.
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E.F. of witness.
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G.H. of witness.
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The above bond shall not require a testing clause or subscription clause
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Forms of Receipt to be Endorsed on Mortgage or Further Charge.
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(1) In England or Ireland.
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A.—The , Limited, hereby acknowledges to have received all moneys intended to be secured by the within (or above) written deed. Dated this day of
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}
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Members of the Committee. Secretary.
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(2) In Scotland.
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B.—In the case of a heritable security other than by way of an ex-facie or other absolute conveyance:—
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The , Limited, acknowledges to have received all moneys intended to be secured by the bond and disposition in security, dated the , and recorded on the in the register of Sasines for for the sum of £ granted by A. [insert name and designation] in favour of the said society.
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Dated at this day of one thousand eight hundred and ninety .
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}
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Members of the Committee. Secretary.
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To be recorded with warrant of registration on behalf of [the person or persons entitled].
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C.—In the case of a heritable security in the form of an ex facie or other absolute conveyance or disposition:—
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The , Limited, hereby acknowledges that the disposition (or other conveyance), dated the , and recorded the in the register of Sasines for granted by A. [insert designation] (or by B. [insert designation] with consent of A.) in favour of the above-named society, was intended only as a security for a loan of £ granted to A. by the said society, and for the interest, penalties, and others effeiring thereto; and that all moneys intended to be thereby secured have been fully paid.
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(To be completed and recorded as in Form B.)
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D.—In the case of a security or assurance other than a heritable security:—
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The , Limited, hereby acknowledges to have received all moneys intended to be secured by the within (or above) written deed.
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(To be completed as in Form B.)
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(Receipts in the Forms B., C. or D. shall not require a testing or subscription clause.)
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* If no words are struck out in the bond or condition, strike out these words and let the witnesses set their initials in the margin. |
