Co-operative societies doing insurance business
122.—(1)  Where a co-operative society is a licensed insurer, no proceedings for the transfer of assets and liabilities, dissolution or winding up of the co‑operative society may be taken under sections 74, 75 and 83 to 89 of the Co‑operative Societies Act 1979.
[16/2011; 11/2013]
(2)  Despite section 101 of the Co‑operative Societies Act 1979, any co‑operative society which is a licensed insurer is deemed to be an unregistered company within the meaning of Part 10 of the Insolvency, Restructuring and Dissolution Act 2018 and may be wound up by the Court under the Insolvency, Restructuring and Dissolution Act 2018 (as modified by this section) and the applicable provisions of this Part.
[16/2011; 11/2013; 40/2018]
(3)  In any such winding up —
(a)in applying the provisions of the Insolvency, Restructuring and Dissolution Act 2018, any reference to the Registrar of Companies is to be read as a reference to the Registrar under the Co‑operative Societies Act 1979;
(b)upon winding up of the society, the assets must be applied first to the cost of liquidation, then to the discharge of the liabilities of the society (where the priority of claim set out in section 123 applies to unsecured liabilities of the licensed insurer), then to the payment of the share capital or subscription capital, and then, provided that the by‑laws of the society permit, to the payment of a dividend or patronage refund at a rate not exceeding that laid down in the Co‑operative Societies Rules 2009 or in the by‑laws for any period during which no dividend or patronage refund was in fact paid; and
(c)any moneys remaining after the application of the funds to the purposes specified in paragraph (b), must be carried to the Co‑operative Societies Liquidation Account kept by the Registrar and section 89(5) and (6) of the Co‑operative Societies Act 1979 applies to deal with the moneys in the Co‑operative Societies Liquidation Account.
[16/2011; 11/2013; 40/2018]
(4)  Despite subsection (2) and section 101 of the Co‑operative Societies Act 1979, in any winding up of a co‑operative society that is a licensed insurer, section 344 of the Companies Act 1967 is applicable and in applying this provision —
(a)any reference to the register under the Companies Act 1967 is to be read as a reference to the register of societies mentioned in section 10A(1)(a) of the Co‑operative Societies Act 1979; and
(b)any reference to the Registrar under the Companies Act 1967 is to be read as a reference to the Registrar under the Co‑operative Societies Act 1979.
[40/2018]
(5)  In this section, “Court” means the General Division of the High Court.
[49FQ
[16/2011; 40/2019]