F2PART VWINDING UP OF COMPANIES REGISTERED UNDER F3the Companies Act 2006
Words in Pt. V heading substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), arts. 2(1), 8, Sch. 1 para. 111(2) (with art. 10)
CHAPTER VIWINDING UP BY THE HIGH COURT
Grounds and effect of winding‐up petition
F1Petition for winding up of SCE104C
1
Where, in the case of an SCE whose registered office is in Northern Ireland—
a
there has been such a breach as is mentioned in Article 73(1) of Council Regulation (EC) No 1435/2003 on the Statute for a European Cooperative (SCE) (the “European Cooperative Society Regulation”) (winding up by the court or other competent authority), and
b
it appears to the Registrar of Credit Unions for Northern Ireland that the SCE should be wound up,
the Registrar may present a petition for the SCE to be wound up if the court thinks it is just and equitable for it to be so.
2
Where, in the case of an SCE whose registered office is in Northern Ireland—
a
the SCE is not in compliance with Article 6 of the European Cooperative Society Regulation (location of head office and registered office), and
b
it appears to the Registrar of Credit Unions for Northern Ireland that the SCE should be wound up,
the Registrar may present a petition for the SCE to be wound up if the court thinks it is just and equitable for it to be so.
3
This Article does not apply if the SCE is already being wound up by the court.
4
In this Article “SCE” has the same meaning as in the European Cooperative Society Regulation.
Pts. I-V modified by S.R. 2004/307 (as amended (1.10.2006) by Limited Liability Partnerships (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/377), reg. 3, Sch. 2)