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Housing (Scotland) Act 2010
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- Part 8
- Companies: restructuring and winding...
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Changes over time for: Cross Heading: Companies: restructuring and winding up
Version Superseded: 08/03/2019
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- 01/04/2012- Amendment
- 01/04/2012
Point in time - 08/03/2019- Amendment
- 26/06/2020- Amendment
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Point in time view as at 01/04/2012.
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There are currently no known outstanding effects for the Housing (Scotland) Act 2010, Cross Heading: Companies: restructuring and winding up.
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Companies: restructuring and winding upS
100Restructuring and winding up of companiesS
(1)This group of sections applies to a registered social landlord which is a registered company.
(2)Chapter 2 of Part 10 makes provision for Regulator consent for the purpose of section 101.
(3)The Regulator must not give any other consent for the purposes of this group of sections unless satisfied that the company has consulted its tenants about the matter for which consent is needed.
Commencement Information
I1S. 100 in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)
101Restructuring of companyS
(1)A court order made in respect of the company under section 899 or 900 of the Companies Act 2006 (c.46) has effect only if––
(a)the Regulator consents to the order before it is made, and
(b)a copy of the consent accompanies the copy of the order delivered to the registrar of companies in accordance with section 900(6) of the Companies Act 2006 (c.46).
(2)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 (c.46), that other company is to be included in the register (and is to be treated as so included pending such inclusion).
Commencement Information
I2S. 101 in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)
102Conversion of company into a registered societyS
(1)A special resolution by the company under section 53 of the Co-operative and Community Benefit Societies and Credit Unions Act 1965 (c.12) has effect only if––
(a)the Regulator consents to the special resolution before it is passed, and
(b)a copy of the consent accompanies the resolution sent to the registrar of companies in accordance with section 53(4) of the Co-operative and Community Benefit Societies and Credit Unions Act 1965 (c.12).
(2)The new registered society created in pursuance of that resolution is to be included in the register (and is to be treated as so included pending such inclusion).
Commencement Information
I3S. 102 in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)
103Company voluntary arrangementS
A voluntary arrangement under Part 1 of the Insolvency Act 1986 (c.45) in relation to the company does not take effect under section 5 of that Act unless the Regulator consents to the voluntary arrangement.
Commencement Information
I4S. 103 in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)
104Voluntary winding up of companyS
A special resolution for the voluntary winding up of the company under the Insolvency Act 1986 (c.45) is valid only if––
(a)the Regulator consents to the special resolution before it is passed, and
(b)a copy of the consent accompanies the copy resolution sent to the registrar of companies in accordance with section 30 of the Companies Act 2006 (c.46).
Commencement Information
I5S. 104 in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)
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