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State of Sikkim - Section

Section 15 in Sikkim Co-Operative Societies Act, 1978

15. Change of Liability.

(1)No society with limited liability shall change itself into a Society with unlimited liability.
(2)Subject to the provision of sub-section (1), a society may change the form .and extent of its - liability by an amendment of its bye-laws' in the manner prescribed.
(3)When a society has amended its bye-laws under subsection (2), it shall give notice thereof in writing to all .its members and creditors and notwithstanding any bye-law or contract to the contrary any member or creditor shall, within a period- of 30 days from the date of service of the notice upon him, have the option to withdraw his, shares or deposits or recall the loans, as the case may be.
(4)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.
(5)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)the assent thereto of all members and creditors has been obtained' or is deemed to have 'been obtained; or
(b)all claims of members and creditors who exercise the option referred to in sub-section (2) within 'the period specified therein, have been met in full.