Xavior Housing Cooperative Society registered under the Societies Registration Act, 1860 has not been functioning for the past few years. Governing council of the society at its council meeting held on 21-2-2017 unanimou

CS Professional · Advanced Company Law and Practice · PYQS · December 2017
Xavior Housing Cooperative Society registered under the Societies Registration Act, 1860 has not been functioning for the past few years. Governing council of the society at its council meeting held on 21-2-2017 unanimously decided to dissolve the Society, recording that it has accomplished the objective of providing housing facilities to all its members. Governing body of the society seeks your advice/guidance for dissolution of the Society and transfer of assets. Advise.

Answer & Explanation:

In terms of Section 13 of the Companies Act, 2013, a society can be dissolved if the objects for which it is formed, has been fulfilled. The decision of the Governing Council of the society to dissolve the society can be implemented in the following manner: For dissolution of a society, alongwith the decision of the Governing Council, a separate resolution is required to be passed at duly convened general meeting of the members and by 3/5th majority of the members present thereat. Decisions are to be made for the following matters: (a) Date of dissolution of the society, as whether to dissolve it forthwith or at a later time. (b) How the disposal of properties and settlement of claims and liabilities is to be made and what actions are to be taken in this regard. (c) Delegation of authority to the person(s) of the governing body to comply with the decisions accordingly. In case any Government is a member of the society or has contributed the funds to the society or is otherwise interested therein, then a prior consent of such Government shall also be required for the said purpose. In case of any difference of opinion or any dispute arises on dissolution of a society relating to adjustment of its affairs, it should be referred to the principal Court of the original civil jurisdiction of the District where the chief building of the society is situated. The District Civil Court has the jurisdiction to decide the dispute of a society.

Topics: Company Administration and Winding Up

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