89 Winding up by court: grounds and petitioners.U.K.
(1)A building society may be wound up under the applicable winding up legislation by the court on any of the followng grounds in addition to the grounds referred to or specified in section 37(1), that is to say, if—
(a)the society has by special resolution resolved that it be wound up by the court;
(b)the number of members is reduced below ten;
(c)the number of directors is reduced below two;
(d)being a society registered as a building society under this Act or the repealed enactments, the society has not been [F1given permission under [F2Part 4A] of the Financial Services and Markets Act 2000 to accept deposits] and more than three years has expired since it was so registered;
[(e)the society’s permission under [F2Part 4A] of the Financial Services and Markets Act 2000 to accept deposits has been cancelled (and no such permission has subsequently been given to it);]
(f)the society exists for an illegal purpose;
(g)the society is unable to pay its debts; or
(h)the court is of the opinion that it is just and equitable that the society should be wound up.
(2)Except as provided by subsection (3) below, section 37 or the applicable winding up legislation, a petition for the winding up of a building society may be presented by—
[F3(a)the FCA, after consulting the PRA if the society is a PRA-authorised person,
(aa)if the society is a PRA-authorised person, the PRA, after consulting the FCA,]
(b)the building society or its directors,
(c)any creditor or creditors (including any contingent or any prospective creditor), or
(d)any contributory or contributories,
or by all or any of those parties, together or separately.
(3)A contributory may not present a petition unless either—
(a)the number of members is reduced below ten, or
(b)the share in respect of which he is a contributory has been held by him, or has devolved to him on the death of a former holder and between them been held, for at least six months before the commencement of the winding up.
(4)For the purposes of this section, in relation to a building society,
F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(b)the reference to its existing for an illegal purpose includes a reference to its existing after it has ceased to comply with the requirement imposed by section 5(1)(a) (purpose or principal purpose).]
(5)In this section, “contributory” has the same meaning as in paragraph 9(2) or, as the case may be, paragraph 37(2) of Schedule 15 to this Act.
Textual Amendments
F1S. 89(1)(e) and words in s. 89(1)(d) substituted (17.8.2001 for specified purposes and otherwise 1.12.2001) by S.I. 2001/2617, art. 13(1), Sch. 3 Pt. II, para. 175(a)(i)(ii) (with art. 13(3), Sch. 5) S.I. 2001/3538, art. 2(a)
F2Words in s. 89(1) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 8 para. 33(2) (with Sch. 12)
F3S. 89(2)(a)(aa) substituted for s. 89(2)(a) (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 8 para. 33(3) (with Sch. 12)
F4S. 89(4)(a) repealed (1.12.2001) by S.I. 2001/2617, arts. 2(b), 13(2), Sch. 4 (with art. 13(3), Sch. 5 and with saving in S.I. 2001/2967, arts. 1(2), 9(1)(c)); S.I. 2001/3538, art. 2(1)
F5S. 89(4)(b) substituted (1.12.1997 in specified cases and for specified purposes and otherwise in accordance with art. 2(2)(3)(5) of S.I. 1997/2668) by 1997 c. 32, ss. 43, 47(3), Sch. 7 para. 39; S.I. 1997/2668, art. 2, Sch. Pt. II(w)(z)(xxiii)