Dissolution of society
58 Instrument of dissolution.
1
The following provisions of this section shall have effect where a society is to be dissolved by an instrument of dissolution under section 55(b) of this Act.
2
The instrument of dissolution shall set forth—
a
the liabilities and assets of the society in detail;
b
the number of the members and the nature of their respective interests in the society;
c
the claims of creditors, if any, and the provision to be made for their payment; and
d
unless stated in the instrument of dissolution to be left to the award of F1the Authority, the intended appropriation or division of the funds and property of the society.
3
Alterations in the instrument of dissolution may be made by the consent of not less than three-fourths of the members of the society testified by their signatures to the alteration.
4
The instrument of dissolution shall be sent to F2the Authority accompanied by a statutory declaration made by three members and the secretary of the society that all relevant provisions of this Act have been complied with; and any person knowingly making a false or fraudulent declaration in the matter shall be guilty of a misdemeanour or, in Scotland, an offence.
C1C25
The instrument of dissolution and any alterations thereto shall be registered in like manner as an amendment of the rules of the society and shall be binding upon all the members of the society, but shall not be so registered until F2the Authority has received such a final return from the society as is referred to in section 39(4) of this Act.
C1C26
F2the Authority shall cause notice of the dissolution to be advertised F3. . . in the Gazette and in some newspaper circulating in or about the locality in which the society’s registered office is situated; and unless—
a
within three months from the date of the Gazette in which that advertisement appears a member or other person interested in or having any claim on the funds of the society commences in the county court, or in Scotland before the sheriff, having jurisdiction in that locality proceedings to set aside the dissolution of the society; and
b
that dissolution is set aside accordingly,
then, subject to subsection (7) of this section, the society shall be legally dissolved from the date of the advertisement and the requisite consents to the instrument of dissolution shall be deemed to have been duly obtained without proof of the signatures thereto.
7
If the certificate referred to in section 59 of this Act has not been lodged with the F2the Authority by the date of the advertisement referred to in subsection (6) of this section, the society shall be legally dissolved only from the date when that certificate is so lodged.
8
Notice of any proceedings to set aside the dissolution of a society shall be sent to F2the Authority by the person taking those proceedings not later than seven days after they are commenced or not later than the expiration of the period of three months referred to subsection (6) of this section, whichever is the earlier; and notice of any order setting the dissolution aside shall be sent by the society to F2the Authority within seven days after the making of the order.
9
In the application of this section to a society which for the time being consists solely of two registered societies, the reference in subsection (4) thereof to three members shall be construed as a reference to both members.