Dissolution of societyE+W+S

55 Dissolution of registered society.E+W+S

Subject to section 59 of this Act, a registered society may be dissolved—

(a)on its being wound up in pursuance of an order or resolution made as is directed in regard to companies by the [F1Insolvency Act 1986], the provisions whereof shall apply to that order or resolution as if the society were a company, but subject to the following modifications, that is to say—

(i)any reference in those provisions to the registrar within the meaning of that Act shall for the purposes of the society’s winding up be construed as a reference to the [F2the Authority]. . .; and

[F3(ia)any reference in those provisions to a company registered in Scotland shall have effect as a reference to a society registered under this Act whose registered office is situated in Scotland;]

(ii)if the society is wound up in Scotland, the court having jurisdiction shall be the sheriff court within whose jurisdiction the society’s registered office is situated; or

(b)in accordance with section 58 of this Act, by an instrument of dissolution to which not less than three-fourths of the members of the society have given their consent testified by their signatures to the instrument.

Textual Amendments

F2Words in s. 55(a)(i) substituted (1.12.2001 subject to a saving in S.I 2001/2617, art. 13(3), Sch. 5 para. 2(d)) by S.I. 2001/2617, art. 13(1), Sch. 3 Pt. III para. 215(i)