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SCHEDULES

SCHEDULE 15U.K. Application of Companies Winding Up Legislation to Building Societies

Modifications etc. (not altering text)

C1Sch. 15 applied (with modifications) (5.6.2008) by The Building Societies (Financial Assistance) Order 2008 (S.I. 2008/1427), arts. 1(2), 9

Part IIU.K. Modified Application of Insolvency Act 1986

Parts IV and XIIU.K.

Members of a building society as contributories in winding upU.K.

9(1)Section 79 (meaning of “contributory”) of the Act does not apply.U.K.

(2)In the enactments as applied to a building society, “contributory”—

(a)means every person liable to contribute to the assets of the society in the event of its being wound up, and

(b)for the purposes of all proceedings for determining, and all proceedings prior to the determination of, the persons who are to be deemed contributories, includes any person alleged to be a contributory, and

(c)includes persons who are liable to pay or contribute to the payment of—

(i)any debt or liability of the building society being wound up, or

(ii)any sum for the adjustment of rights of members among themselves, or

(iii)the expenses of the winding up;

but does not include persons liable to contribute by virtue of a declaration by the court under section 213 (imputed responsibility for fraudulent trading) or section 214 (wrongful trading) of the Act.