PART IRegulation of Housing Associations

Constitution, change of rules, amalgamation and dissolution

21Amalgamation and dissolution under the 1965 Act

1

This section applies to a registered housing association—

a

which is a society registered under the 1965 Act, and

b

whose registration under this Part has been recorded by the appropriate registrar in accordance with section 5(3).

2

The appropriate registrar shall not register a special resolution which is passed for the purposes of—

a

section 50 of the 1965 Act (amalgamation of societies), or

b

section 51 of that Act (transfer of engagements between societies),

unless, together with the copy of the resolution, there is sent to him a copy of the Housing Corporation's consent to the amalgamation or transfer concerned.

3

Section 52 of the 1965 Act (power of society to convert itself into, amalgamate with or transfer its engagements to a company registered under the Companies Act) does not apply.

4

If the association resolves by special resolution that it be wound up voluntarily under the Companies Act, the resolution has no effect unless—

a

before the resolution was passed the Corporation gave its consent to its passing, and

b

a copy of the consent is forwarded to the appropriate registrar together with the copy of the resolution required to be so forwarded in accordance with the Companies Act.

5

If the association is to be dissolved by instrument of dissolution, the appropriate registrar shall not—

a

register the instrument in accordance with section 58(5' of the 1965 Act, or

b

cause notice of the dissolution to be advertised in accordance with section 58(6) of that Act,

unless together with the instrument there is sent to him a copy of the Corporation's consent to its making.

6

The references in this section to the Corporation's consent are to an order under the seal of the Corporation giving its consent.