Committed for Timely Service!

Tuesday 20 September 2022

Section 16 of MCS ACT 1960 : Change of Liability

16. Change of liability

(1) Subject to the provisions of this Act and the rules, a society may, by amendment of its by-laws, change the form or extent of its liability.

(2)When a society has passed a resolution to change the form or extent of its liability, it shall give notice thereof in writing to all its members and creditors and, notwithstanding anything in any by-law or contract to the contrary, any member or creditor shall, during a period of one month from the date of service of such notice upon him, have the option of withdrawing his shares, deposits or loans.

(3)Any member or creditor who does not exercise his option within the period specified in sub-section (2), shall be deemed to have assented to the change.

(4)An amendment of the by-laws of a society, changing the form or extent of its liability, shall not be registered or take effect until, either —

     (a)all members and creditors have assented, or deemed to have assented, thereto as aforesaid ; or

     (b)all claims of members and creditors, who exercise the option, given by sub-section (2), within the period specified therein, have been met in full or otherwise satisfied.