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Termination: voluntary winding-up43Winding-up resolution

(1)    A winding-up resolution in respect of a commonhold association shall be of no effect unless—

(a)    the resolution is preceded by a declaration of solvency,

(b)    the commonhold association passes a termination-statement resolution before it passes the winding-up resolution, and

(c)    each resolution is passed with at least 80 per cent of the members of the association voting in favour.

(2)    In this Part—

“declaration of solvency” means a directors' statutory declaration made in accordance with section 89 of the Insolvency Act 1986 (c 45),

“termination-statement resolution” means a resolution approving the terms of a termination statement (within the meaning of section 47), and

“winding-up resolution” means a resolution for voluntary winding-up within the meaning of section 84 of that Act.

NOTES
Initial Commencement
To be appointed

To be appointed: see s 181(1).

Termination of Commonhold92 Liquidation92 Insolvency Law92 Voluntary Winding Up92 Real Property Law95 Commonhold95 Landlord & Tenant95

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