INDUSTRIAL AND PROVIDENT SOCIETIES ACT (NORTHERN IRELAND) 1969

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INDUSTRIAL AND PROVIDENT SOCIETIES ACT (NORTHERN IRELAND) 1969 - SECT 67

Instrument of dissolution.

67.(1) The following provisions of this section shall have effect where a
society is to be dissolved by an instrument of dissolution under
section 64(b).

(2) The instrument of dissolution shall set forth

(a)the liabilities and assets of the society in detail;

(b)the number of the members and the nature of their respective interests in
the society;

(c)the claims of creditors, if any, and the provision to be made for their
payment; and

(d)unless stated in the instrument of dissolution to be left to the award of
the registrar, the intended appropriation or division of the funds and
property of the society.

(3) Alterations in the instrument of dissolution may be made by the consent of
not less than three-fourths of the members of the society testified by their
signatures to the alteration.

(4) The instrument of dissolution shall be sent to the registrar accompanied
by a statutory declaration made by three members and the secretary of the
society that all relevant provisions of this Act have been complied with; and
any person knowingly making a false or fraudulent declaration in the matter
shall be guilty of an offence and liable to the penalties provided by [Article
10 of the Perjury (Northern Ireland) Order 1979].

(5) The instrument of dissolution and any alterations thereto shall be
registered in like manner as an amendment of the rules of the society and
shall be binding upon all the members of the society, but shall not be so
registered until the registrar has received such a final return from the
society as is referred to in section 48(5).

(6) The registrar shall cause notice of the dissolution to be advertised at
the expense of the society in the Belfast Gazette and in any other manner
which the registrar considers necessary for bringing such notice to the
attention of persons affected thereby; and unless

(a)within three months from the date of the Belfast Gazette in which that
advertisement appears a member or other person interested in or having any
claim on the funds of the society commences in the county court for the
district where the registered office of the society is situate proceedings to
set aside the dissolution of the society; and

(b)that dissolution is set aside accordingly,

(7) If the certificate referred to in section 68(1) has not been lodged with
the registrar by the date of the advertisement referred to in subsection (6)
of this section, the society shall be legally dissolved only from the date
when that certificate is so lodged.

(8) Notice of any proceedings to set aside the dissolution of a society shall
be sent to the registrar by the person taking those proceedings not later than
seven days after they are commenced or not later than the expiration of the
period of three months referred to in subsection (6), whichever is the
earlier; and notice of any order setting the dissolution aside shall be sent
by the society to the registrar within seven days after the making of the
order.

(9) In the application of this section to a society which for the time being
consists solely of two registered societies, the reference in subsection (4)
to three members shall be construed as a reference to both members.

Restriction on dissolution or cancellation or registration of society.

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Northern Irish Legislation

INDUSTRIAL AND PROVIDENT SOCIETIES ACT (NORTHERN IRELAND) 1969 - SECT 67