Co-operatives Act, 2005 (Act No. 14 of 2005)

Regulations

Co-operatives Administrative Regulations, 2016

Chapter 2 : Winding Up and Judicial Management of Co-operatives

Part A : Winding-Up of Co-operatives

Liquidation, trading, distribution and contribution accounts and application of proceeds

103. Tacit hypothecs

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(1)A tacit hypothec, other than a landlord's legal hypothec, will not confer any preference when a co-operative is being wound up.

 

(2)A landlord's legal hypothec will confer a preference with regard to property which is subject to that hypothec for any rent calculated in respect of any period immediately prior to and up to the commencement of the winding-up but not exceeding—
(a)three months, if the rent is payable monthly or at shorter intervals than one month;
(b)six months, if the rent is payable at intervals exceeding one month but not exceeding three months;
(c)nine months, if the rent is payable at intervals exceeding three months but not exceeding six months;

(d)        fifteen months in any other case.