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s 317

Restrictions on voluntary winding‑up

In force
Part 12Merger, transfer of engagements, winding‑up
Division 3Winding‑up and deregistration

317 Restrictions on voluntary winding‑up

(1)

A co‑operative may be wound‑up voluntarily only —

(a)

by a creditors’ voluntary winding‑up; or

(b)

if a special resolution is passed by means of a special postal ballot in favour of voluntary winding‑up.

(2)

When a special postal ballot referred to in subsection (1)(b) is held, the members may, by means of the same ballot, by simple majority —

(a)

appoint one or more liquidators to wind up the affairs and distribute the assets of the co‑operative; and

(b)

fix the remuneration to be paid to the liquidator.

(3)

The Registrar may, by order published in the Gazette, exempt a co‑operative or class of co‑operatives from compliance with a provision of this section or section 186.

(4)

An exemption may be granted unconditionally or subject to conditions.

[Section 317 amended: No. 7 of 2016 s. 108.]

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