(1) |
An order for the winding-up of an association may be granted by the court on the application of— |
(a) |
the association or the executive committee of an association; |
(b) |
one or more of its creditors; |
(c) |
one or more of its members; |
(d) |
jointly, any of or all the parties mentioned in paragraphs (a), (b) and (c); |
(e) |
the business rescue practitioner of the association; or |
[Subsection (1)(e) substituted by section 218(a) of Act No. 45 of 2013]
(a) |
Subject to the provisions of subsection (1), the provisions of the Companies Act relating to the winding-up of companies by the court apply with the necessary changes to an association. |
(b) |
In the application of the provisions of that Act the reference to the Commission in section 81 of the Companies Act must be construed as being a reference also to the registrar. |
[Subsection 2 amended by section 218(b) of Act No. 45 of 2013]
(3) |
An order for the winding-up of an association by the court may only be made if the court is satisfied that a business rescue of the association is undesirable. |
[Subsection 3 amended by section 218(b) of Act No. 45 of 2013]