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FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 83

Dissolution of societies and branches.

83.(1) This section applies where a registered society or branch is to be
dissolved by an instrument of dissolution under section 82(1).

(2) The instrument of dissolution shall specify

(a)the liabilities and assets of the society or branch in detail;

(b)the number of members and the nature of their interests in the society or
branch;

(c)the claims of creditors, if any, and the provision to be made for their
payment; and

(d)unless stated in the instrument of dissolution to be left to the award of
the registrar, the intended appropriation or division of the funds and
property of the society or branch.

(3) Alterations in the instrument of dissolution may be made with the like
consents as are required by section 82(1) for the dissolution of the society
or branch, testified in the same manner.

(4) The instrument of dissolution shall be sent to the registrar accompanied
by a statutory declaration made by one of the trustees or by three members and
the secretary of the society or branch that the provisions of this Act have
been complied with, and any person knowingly making a false or fraudulent
declaration in the matter shall be guilty of an offence and liable to the
penalties provided by [Article 10 of the Perjury (Northern Ireland) Order
1979].

(5) The instrument of dissolution shall not, in the case of a registered
friendly society or branch, direct or contain any provision for a division or
appropriation of the funds of the society or branch, or any part thereof,
except for the purpose of carrying into effect the objects of the society or
branch as declared in the rules thereof, unless the claim of every member or
person claiming any relief, annuity or other benefit from the funds of the
society or branch is first duly satisfied or adequate provisions are made for
satisfying those claims.

(6) The instrument of dissolution and any alterations thereto shall be
registered in like manner as an amendment of the rules of the society or
branch and shall be binding upon all the members of the society or branch.

(7) The registrar shall cause a notice of the dissolution to be advertised at
the expense of the society or branch in the Belfast Gazette and in some
newspaper in general circulation in the neighbourhood of the registered office
of the society or branch; and unless

(a)a member or other person interested in or having any claim on the funds of
the society or branch commences, within three months from the date of the
Belfast Gazette in which that advertisement appears, proceedings to set aside
the dissolution of the society or branch, and

(b)that dissolution is set aside accordingly,

Instrument of dissolution.



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© 1970 Crown Copyright

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