C1C2C3 PART VWINDING UP OF COMPANIES REGISTERED UNDER F2the Companies Act 2006

Annotations:

CHAPTER VIWINDING UP BY THE HIGH COURT

Grounds and effect of winding‐up petition

F1Petition for winding up of SCE104C

1

Where, in the case of an SCE whose registered office is in Northern Ireland—

a

there has been such a breach as is mentioned in Article 73(1) of Council Regulation (EC) No 1435/2003 on the Statute for a European Cooperative (SCE) (the “European Cooperative Society Regulation”) (winding up by the court or other competent authority), and

b

it appears to the F3Financial Conduct Authority that the SCE should be wound up,

the F4Authority may present a petition for the SCE to be wound up if the court thinks it is just and equitable for it to be so.

2

Where, in the case of an SCE whose registered office is in Northern Ireland—

a

the SCE is not in compliance with Article 6 of the European Cooperative Society Regulation (location of head office and registered office), and

b

it appears to the F5Financial Conduct Authority that the SCE should be wound up,

the F6Authority may present a petition for the SCE to be wound up if the court thinks it is just and equitable for it to be so.

3

This Article does not apply if the SCE is already being wound up by the court.

4

In this Article “SCE” has the same meaning as in the European Cooperative Society Regulation.