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Co-Operative Societies Act 2008

160. Dissolution by Registrar

1.      Where the Registrar has reasonable cause to believe that a society-

a.      has not commenced business within 2 years after the date shown on its certificate of registration; or

b.     has not carried on business for 2 consecutive years, he shall send to the secretary of the society a letter inquiring whether the society is carrying on business, or is in operation, and may request that it submits an annual return.

1.     

2.      Where the Registrar does not, within one month of the date he sent a letter pursuant to subsection (1), receive an answer to the letter, he shall, within 14 days after the expiry of the month, send to the secretary of the society a letter referring to the letter sent pursuant to subsection (1) and stating that-

a.      no answer to that letter has been received by him; and

b.     if an answer is not received to the letter sent pursuant to this subsection within one month from the date it is sent, a notice will be published in the Gazette or in a newspaper circulating in , to strike the name of the society off the register and to dissolve the society.

1.     

2.     

3.      Where the Registrar-

a.      receives an answer from a society that it is not carrying on business or is not in operation or will not be submitting an annual return; or

b.     does not, within one month after the date that he sent a letter pursuant to subsection (2), receive an answer to that letter, he may publish in the Gazette or in a newspaper circulating in and send to the society a notice that, at the expiry of one month from the date of that notice, the society will, unless cause is shown to the contrary, be struck off the register and the society will be dissolved.

4.      At the expiry of the period mentioned in a notice sent pursuant to subsection (3), the Registrar may, unless cause to the contrary is previously shown by the society-

a.      where he is satisfied that the society has no assets or liabilities, issue a certificate of dissolution in the prescribed form; or

b.     appoint a liquidator to dissolve the society.









  

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