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(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.
To be appointed: see s 181(1).
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