section 39
Dissolution by members -(1) A Co-operative Society may, by a special
The Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995Corporate199547 sections
Statutory text
resolution, authorise its own dissolution: Provided that a notice of the general meeting shall also be sent with an invitation to attend, to the Registrar, to any federations of which the Co- operative Society is affiliated, to creditors and to any organisation with which a partnership contract has been entered into.
- (2) Invitees under the proviso of sub-section (1) shall have the right to make a representation to the general body if they so wish to, giving reasons why dissolution is not called for.
- (3) Within fifteen days of such authorisation for dissolution, the Co- operative Society shall send to the Registrar a copy of the authorisation to dissolve the Co-operative Society by registered post.
- (4) The authorisation approved in pursuance of subsection (1) is required to set out the following, namely:- (a)the assets and liabilities of the Co-operative Society; (b)the claim of creditors, and collaborators and protected shareholders; (c)the number of members; (d)the nature and extent of the member's interest in the Co- operative Society; and
- (e) the name of the liquidator, if appointed by the general body, or a request to the Registrar to appoint the liquidator or a request to the Registrar to issue a certificate of dissolution where there are no assets or liabilities.
- (5) Where the Registrar receives the special resolution passed in pursuance of sub-section (1), he shall cause at the expense of the Co-operative Society a notice of the special resolution to be published once a week for two weeks in a newspaper published or distributed in the district where the registered office of the Co-operative Society is located.
- (6) The Registrar may require from the Co-operative Society, the liquidator appointed by the Co-operative Society or any other person who is required to furnish information, a periodical return showing:- (a)the progress of dissolution; (b)the distribution of any undistributed surplus or reserve; and (c)any other relevant information that if may require.
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