A registered society may be dissolved—
In subsection (1)(b) above “special resolution” has the same meaning as in section 50 of this Act.
In subsection (1)(b)(ii) above a society is “dormant” if its accounts for the current year of account and the two years of account immediately preceding the current year of account show no accounting transactions other than—
and it has notified the FCA that it is dormant.
For the purposes of subsection (1)(b)(iii) above the appropriate authority shall be deemed to have confirmed a special resolution if, within twenty one days of the credit union sending a copy of that special resolution to the appropriate authority, the appropriate authority has not notified the credit union in writing to the contrary.
A relevant society may also be dissolved under paragraph 84 of Schedule B1 to the 1986 Act as applied in relation to a relevant society by an order made under section 255 of the Enterprise Act 2002.
The provisions relating to the winding up of companies registered under the Companies Acts have effect in relation to a registered society as if the society were such a company, subject to the following modifications—
A copy of any resolution passed for the voluntary winding up of a registered society must be sent by the society to the FCA and, if the registered society is a PRA -authorised person, the PRA within 15 days after it is passed. For the purposes of section 62 of this Act (offences by officers etc ) as it applies in relation to a failure to comply with this subsection, a liquidator of the society shall be treated as an officer of it.
A copy of any resolution passed for the voluntary winding up of a registered society must be annexed to every copy of the registered rules of the society issued after the passing of the resolution.
This section has effect subject to section 59 of this Act (restriction on dissolution or cancellation of registration).