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Societies Act

36. Supplementary provisions relating to the liquidation of society

Edition: 2022-12-31 · In force

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36. Supplementary provisions relating to the liquidation of society

(1)Stamp duty is not be payable on an order made under section 33, and so far as the order affects registered land—
(a)the liquidator shall lodge it with the relevant registrar for registration, who shall register it accordingly without charge; and
(b)on the registration of the document, the land vests in the liquidator.
(2)For the purpose of discovering, taking possession of, recovering and realising the property of the society, the liquidator has all the powers vested in the Official Receiver or a liquidator by the Insolvency Act (Cap. 53).
(3)Before distributing any assets under this Part, the liquidator shall—
(a)fix a date by which the creditors of the society are required to prove their claims or be excluded from any distribution made before they have proved their claims; and
(b)shall publish in the Gazette a notice of that date, and notify that date to those creditors individually so far as it is practicable to do so.
(4)The liquidator may charge fees for liquidating a society at the rate prescribed for the liquidation of companies under the Insolvency Act (Cap. 53), or such other fees as the Cabinet Secretary may in any particular case or kind of case order.
(5)If an order has been made in respect of a society under section 33, the Cabinet Secretary may, by a further order published in the Gazette, suspend the operation of the order for such period as seems to the Cabinet Secretary to be necessary for the purpose of enabling the society to liquidate its own affairs.[Act No. 19 of 2015, s. 19.]
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Source: Kenya Law