Co-Operative Societies Act 2008

162. Dissolution by Court

1.      The Registrar or an interested person may, after giving the society 3 months notice of the proposed application, apply to the Court for an order dissolving a society, if the society—

a.      obtained its registration by fraud or mistake;

b.     exists for an illegal purpose;

c.      has willfully, after notice by the Registrar, violated any of the provisions of this Act or its by-laws;

d.     is no longer operating on co-operative principles; or

e.      has the number of its members reduced below the minimum number required by this Act for the society.

1.     

2.      Where an interested person applies pursuant to this section, he shall give the Registrar notice of his application and the Registrar is entitled to appear and be heard in person or by an attorney-at-law.

3.      Where the Court receives an application pursuant to this section, it may order that the society be dissolved or liquidated and dissolved under the supervision of the Registrar.

4.      Where the Registrar receives an order made pursuant to subsection (3), he shall—

a.      where the order is to dissolve the society, issue a certificate of dissolution in the prescribed form; or

b.     where the order is to liquidate and dissolve the society under the supervision of the Registrar, publish a notice in the Gazette or a newspaper circulating in.

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