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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

104. Certain mortgage bonds not to confer preference

 

(1) A mortgage bond, other than a kustingbrief, registered in any office for the registration of deeds against immovable property of a co-operative for the purpose of securing payment of—
(a) a debt not previously secured which arose more than 60 days prior to the lodging of the relevant bond for registration in such office; or
(b) a debt incurred innovation of or substitution for a debt referred to in paragraph (a);

will not confer any preferences with regard to such property or the proceeds thereof if the cooperative is wound up with 180 days after the lodging of such bond.

 

(2) A general mortgage bond, including a general clause in a mortgage bond hypothecating particular immovable property, will not confer any preference with regard to the property of a co-operative being wound up or the proceeds thereof.