SCHEDULE 10 Application of Companies Winding Up Legislation to Incorporated Friendly Societies
Part II Modified Application of Insolvency Act 1986 Parts IV and XII
Members of a friendly society as contributories in winding up
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(1)
Section 74 (liability of members) of the Act is modified as follows.
(2)
In subsection (1), the reference to any past member shall be omitted.
(3)
Paragraphs (a) to (d) of subsection (2) shall be omitted; and so shall subsection (3).
(4)
The extent of the liability of a member of an incorporated friendly society in a winding up shall not exceed the extent of his liability under paragraph 8 of Schedule 3 to this Act.
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Sections 75 to 78 and 83 in Chapter I of Part IV (miscellaneous provisions not relevant to incorporated friendly societies) do not apply.
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(1)
Section 79 (meaning of “contributory”) of the Act does not apply.
(2)
In the enactments as applied to an incorporated friendly 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 incorporated friendly 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.