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The Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012
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- UK Statutory Instruments
- 2012 No. 3013
- PART 5
- Regulation 34
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Restoration by the courtE+W
This section has no associated Explanatory Memorandum
34.—(1) On an application under this regulation the court may, if it considers it just to do so, order that a CIO is restored to the register.
(2) An application may be made to restore a CIO—
(a)that has been dissolved under Chapter 9 of Part 4 of the 1986 M1 Act, as it applies to CIOs; or
(b)that is treated as having been dissolved under paragraph 84(6) of Schedule B1 to that Act, as it applies to CIOs.
(3) An application may be made by—
(a)the Commission;
(b)any person who was a charity trustee of the CIO immediately prior to its dissolution;
(c)any person having an interest in land in which the CIO had a superior or derivative interest;
(d)any person having an interest in land or other property—
(i)that was subject to rights vested in the CIO; or
(ii)that was benefitted by obligations owed by the CIO;
(e)any person who but for the CIO's dissolution would have had a contractual relationship with it;
(f)any person who has a potential legal claim against the CIO;
(g)any manager or trustee of a pension fund established for the benefit of employees of the CIO;
(h)any person who was a member of the CIO immediately prior to its dissolution (or the personal representatives of such a person);
(i)any person who was a creditor of the CIO at the time of its dissolution;
(j)any former liquidator of the CIO; or
(k)any other person appearing to the court to have an interest in the matter.
(4) If the court orders that the CIO is restored to the register—
(a)the Commission must restore the CIO to the register; and
(b)the CIO is treated as restored to the register on delivery to the Commission of a copy of the court order.
Marginal Citations
M1Chapter 9 of Part 4 of the 1986 Act was amended by S.I. 2006/3429, regulation 3(1)(d).
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