Restrictions on voluntary winding‑up
317 Restrictions on voluntary winding‑up
A co‑operative may be wound‑up voluntarily only —
by a creditors’ voluntary winding‑up; or
if a special resolution is passed by means of a special postal ballot in favour of voluntary winding‑up.
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 —
appoint one or more liquidators to wind up the affairs and distribute the assets of the co‑operative; and
fix the remuneration to be paid to the liquidator.
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.
An exemption may be granted unconditionally or subject to conditions.
[Section 317 amended: No. 7 of 2016 s. 108.]
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