PART 3DISSOLUTION OTHERWISE THAN UNDER THE INSOLVENCY ACT 1986

Application not to be made if other procedures not completed9.

(1)

The charity trustees must not make an application for dissolution if

F1(za)

a moratorium is in force in relation to the CIO under Part A1 of the 1986 Act;

(a)

a voluntary arrangement in relation to the CIO has been proposed under Part 1 of F2that Act and the matter has not been finally concluded;

(b)

the CIO is in administration under Part 2 of that Act M1;

(c)

an interim moratorium is in effect in relation to the CIO under paragraph 44 of Schedule B1 to that Act M2;

(d)

the CIO is being wound up under Part 4 of that Act M3, whether voluntarily or by the court, or a petition under that Part for the winding up of the CIO by the court has been presented and not been finally dealt with or withdrawn;

(e)

a receiver, manager or interim manager of the CIO's property has been appointed.

(2)

For the purposes of paragraph (1)(a), the matter is finally concluded if—

(a)

no meetings are to be summoned under section 3 of the 1986 Act;

(b)

meetings summoned under that section fail to approve the arrangement;

(c)

an arrangement approved by meetings summoned under that section, or in consequence of a direction under section 6(4)(b) of that Act M4, has been fully implemented; or

(d)

the court makes an order under section 6(5) of that Act revoking approval given at previous meetings and, if the court gives any directions under section 6(6) of that Act, the CIO has done whatever it is required to do under those directions.

(3)

Subsections (4) to (6) of section 1005 of the Companies Act 2006 (offence of applying for a company to be struck off in contravention of requirements of that section) apply in relation to an application by a charity trustee in contravention of paragraph (1) as they apply in relation to an application in contravention of that section.