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Miscellaneous provisions

Publication

1. The Council may publish any decision made under [the Membership] byelaw in such terms as it sees fit.

Membership Byelaw, paragraph 52

Service of notices and communications

2. The Council may prescribe requirements for the service of notices and other communications on a member.

Membership Byelaw, paragraph 53

3. All notices and other communications by the Society which require to be served on or given to an individual member of the Society shall for all purposes be deemed to be effectively served on such member if sent through the post to or left at the address of his members’ agent. If an individual member does not at any time have a member’s agent, such notices and communications shall be deemed to be effectively served on the member if given to him personally or sent to him by post at the latest correspondence address of the member shown in the records of the Society.

Requirements made under the Membership Byelaw, paragraph 11

4. Where an individual member is deceased or bankrupt, all notices and other communications shall be deemed to have been effectively served on his personal representatives or trustee in bankruptcy if sent through the post to the address supplied to the Society by such personal representatives or trustee in bankruptcy or (until such address has been supplied) if sent through the post to the latest correspondence address of the individual member shown in the records of the Society.

Requirements made under the Membership Byelaw, paragraph 12

5. Each corporate member which is incorporated in a jurisdiction outside the United Kingdom shall at all times maintain an agent for service of process in England which shall be any member’s agent appointed by the corporate member or such other person with a place of business in the United Kingdom as the corporate member may have appointed for the purpose of this paragraph and whose name and address has been notified to the Society.

Requirements made under the Membership Byelaw, paragraph 13

6. All notices and communications by the Society to be sent to or served on a corporate member shall be deemed to have been effectively served on the corporate member –

(a) if it has a member’s agent, if it is sent through the post to or left at the address of its members’ agent;

(b) if it has no members’ agent, in the case of a corporate member incorporated in the United Kingdom, if sent through the post to or left at the registered office for the time being and in the case of a corporate member incorporated outside the United Kingdom, if sent through the post to or left at the address of the agent appointed under paragraph [5. above].

Requirements made under the Membership Byelaw, paragraph 14

7. Any notices or other communications which are –

(a) sent to a member or its agent by post shall be deemed to have been effectively served by properly addressing, prepaying and posting such proceedings, notice or communication and shall be deemed to have been received 72 hours from the time of posting;

(b) left at the address if the members’ agent or left for collection by the members’ agent at the address of the Society in accordance with arrangements made between the agent and the Society shall have been deemed to have been received on the date so left; 

(c) left at the address of an agent appointed under [5. above] or at the registered office of the corporate member shall be deemed to have been received on the date so left.

Requirements made under the Membership Byelaw, paragraph 15

Powers of Set-Off

8. If a member owes any sum or sums (including any fine or costs) to the Society, the Society may without prejudice to any other remedy available to the Society – 

(a) set off against such sum or sums any sums payable by the Society to that member; 

(b) after the satisfaction of all existing underwriting liabilities of a member, retain any assets beneficially owned by that member which are under its control, sell or otherwise realise such assets and apply any sale or realisation proceeds in discharging on his behalf such sum or sums.

Restrictions regarding the use of the name of Lloyd’s 

Membership Byelaw, paragraph 54

6. No member, without the prior written consent of the Council, shall use the word “Lloyd’s” in any business or trading name that he may adopt or use the Society’s address.

Membership Byelaw, paragraph 55

Fees

7. The Council may, in connection with any application, submission or request made in accordance with this byelaw, charge such fee as the Council may from time to time prescribe.

Membership Byelaw, paragraph 56

Supplementary directions, conditions and requirements 

8. The Council may at any time give such directions or impose such conditions or requirements as may be necessary in order to clarify or supplement the matters set out in paragraphs 58 to 65 of the [Membership Byelaw]. [(These were transitional provisions relating to the original implementation of the Membership Byelaw, and they have not been reproduced in the Consolidated Requirements.)]

Membership Byelaw, paragraph 66