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- Point in Time (01/10/2009)
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Version Superseded: 08/01/2012
Point in time view as at 01/10/2009. This version of this provision has been superseded.
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There are currently no known outstanding effects for the Industrial and Provident Societies Act 1965 (repealed), Section 55.
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(1)A registered society may be dissolved—
(a)on its being wound up in pursuance of an order or resolution made as is directed in the case of companies registered under the Companies Acts, 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.
(2)The provisions relating to the winding up of companies registered under the Companies Acts have effect in relation to a registered society as if the society were such a company, subject to the following modifications—
(a)any reference to the registrar of companies shall be read as a reference to the Authority;
(b)any reference to a company registered in Scotland shall be read as a reference to a society registered under this Act whose registered office is situated in Scotland;
(c)if the society is wound up in Scotland, the court having jurisdiction is the sheriff court within whose jurisdiction the society’s registered office is situated.
(3)A copy of any resolution passed for the voluntary winding up of a registered society must be sent by the society to the Authority within 15 days after it is passed.
For the purposes of section 62 of this Act (offences by officers etc) as it applies in relation to a failure to comply with this subsection, a liquidator of the society shall be treated as an officer of it.
(4)A copy of any resolution passed for the voluntary winding up of a registered society must be annexed to every copy of the registered rules of the society issued after the passing of the resolution.
(5)This section has effect subject to section 59 of this Act (restriction on dissolution or cancellation of registration).]
Textual Amendments
F1S. 55 substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 14(8) (with art. 10)
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