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Section 43: Winding-up resolution

Commonhold and Leasehold Reform Act 2002 · 2002 c. 15View on legislation.gov.uk

Part 1: Commonhold

A winding-up resolution in respect of a commonhold association shall be of no effect unless—

the resolution is preceded by a declaration of solvency,
the commonhold association passes a termination-statement resolution before it passes the winding-up resolution, and
each resolution is passed with at least 80 per cent. of the members of the association voting in favour.

In this Part—

  • "declaration of solvency" means a directors' statutory declaration made in accordance with section 89 of the Insolvency Act 1986 (c. 45),

  • "termination-statement resolution" means a resolution approving the terms of a termination statement (within the meaning of section 47), and

  • "winding-up resolution" means a resolution for voluntary winding-up within the meaning of section 84 of that Act.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.