SCHEDULES
SCHEDULE 10 Application of Companies Winding Up Legislation to Incorporated Friendly Societies
Part I General Mode of Application
1
The enactments which comprise the companies winding up legislation (referred to in this Schedule as “the enactments”) are the provisions of—
a
Parts IV, VI, VII, XII and XIII of the M1Insolvency Act 1986, or
b
Parts V, VI, XI and XII of the M2Insolvency (Northern Ireland) Order 1989,
and, in so far as they relate to offences under any such enactment, sections 430 and 432 of, and Schedule 10 to, that Act or Article 373 of, and Schedule 7 to, that Order.
2
Subject to the following provisions of this Schedule, the enactments apply to the winding up of incorporated friendly societies as they apply to the winding up of companies registered under F2the Companies Act 2006.
3
1
Subject to the following provisions of this Schedule, the enactments shall, in their application to incorporated friendly societies, have effect with the substitution—
a
for “company" of “incorporated friendly society”
;
b
for “directors" of “committee of management”
;
c
for “the registrar of companies" or “the registrar”
of “the F3Financial Conduct Authority”
; and
d
for “the articles" of “the rules”
.
2
Subject to the following provisions of this Schedule in the application of the enactments to incorporated friendly societies—
F1aa
every reference to a company registered in Scotland shall have effect as a reference to an incorporated friendly society whose registered office is situated in Scotland;
a
every reference to the officers, or to a particular officer, of a company shall have effect as a reference to the officers, or to the corresponding officer, of the incorporated friendly society and as including a person holding himself out as such an officer;
b
every reference to a director of a company shall be construed as a reference to a member of the committee of management; and
c
every reference to an administrator, an administration order, an administrative receiver, a shadow director or a voluntary arrangement shall be omitted.
4
1
Where any of the enactments as applied to incorporated friendly societies requires a notice or other document to be sent to the F4FCA, it shall have effect as if it required the F4FCA to keep the notice or document in the public file of the society and to record in that file the date on which the notice or document is placed in it.
2
Where any of the enactments, as so applied, refers to the registration, or to the date of registration, of such a notice or document, that enactment shall have effect as if it referred to the placing of the notice or document in the public file or (as the case may be) to the date on which it was placed there.