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Co-operative and Community Benefit Societies Act 2014

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This is the original version (as it was originally enacted).

124Liability of existing and former members in winding up

(1)This section applies where a registered society is wound up by virtue of section 123.

(2)The liability of an existing or former member to contribute for payment of the society’s debts and liabilities, the expenses of winding up, and the adjustment of the rights of contributories amongst themselves, is qualified as follows—

(a)a former member whose membership ceased at least one year before the beginning of the winding up is not liable to contribute;

(b)a former member is not liable to contribute in respect of a debt or liability contracted after the person’s membership ceased;

(c)a former member is not liable to contribute unless it appears to the court that the contributions of the existing members are insufficient to satisfy the just demands on the society;

(d)the maximum contribution that a person may be required to make is the amount (if any) unpaid on the shares in respect of which the person is liable as an existing or former member;

(e)in the case of a withdrawable share that has been withdrawn, a person is treated as ceasing to be a member in respect of that share as from the date of the notice or application for withdrawal.

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