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Housing (Scotland) Act 2010

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[F1101Restructuring of companyS

This section has no associated Explanatory Notes

(1)This section applies where—

(a)a court order is made in respect of a company under section 899 or 900 of the Companies Act 2006, and

(b)the restructuring to which the order relates is of a type mentioned in section 900(1) of that Act.

(2)Where section 100A applies in relation to a restructuring, a court order mentioned in subsection (1) in relation to the same restructuring has effect only if—

(a)the company confirms the matters mentioned in subsection (3), and

(b)a copy of the confirmation accompanies the copy of the order delivered to the registrar of companies in accordance with section 900(6) of the Companies Act 2006.

(3)The matters are that, before the order was made—

(a)the company complied with sections 115 and 115A(1) (as applied by section 100A(3)), and

(b)a majority of tenants—

(i)voting in a ballot conducted under section 115A(1)(a) wish the restructuring to proceed, or, as the case may be,

(ii)whose written agreement to the restructuring was sought under section 115A(1)(b) have given that agreement.

(4)The company must, as soon as reasonably practicable after the order is made (and, in a case to which subsection (2) applies, no later than 28 days after that event), give notice of the restructuring to the Regulator.

(5)Where the whole or any part of the undertaking and property and liabilities of the company are transferred to another company in pursuance of an order under section 900 of the Companies Act 2006, that other company is to be included in the register (and is to be treated as so included pending such inclusion).]

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