[F1104Voluntary winding up of companyS
(1)This section applies in relation to the voluntary winding up of the company under the Insolvency Act 1986.
(2)The company must consult its tenants on the proposed winding up before passing a special resolution for the winding up of the company under that Act.
(3)Such a special resolution is valid only if—
(a)the company confirms that it consulted its tenants as mentioned in subsection (2), and
(b)a copy of the confirmation accompanies the copy resolution sent to the registrar of companies in accordance with section 30 of the Companies Act 2006.
(4)The company must, as soon as reasonably practicable after sending the copy resolution to the registrar of companies, give notice of the voluntary winding up to the Regulator.
(5)The Regulator must issue guidance in relation to consultation for the purpose of subsection (2).
(6)A company must, in consulting tenants for that purpose, have regard to guidance issued under subsection (5).]
Textual Amendments
F1S. 104 substituted (8.3.2019) by Housing (Amendment) (Scotland) Act 2018 (asp 13), ss. 6(12), 11(2); S.S.I. 2018/253, reg. 2(2) (with reg. 8)