33Distribution of surplus assets

### 33 Distribution of surplus assets > > (1)  Where, upon the winding up of an incorporated association, a resolution relating to the distribution of the surplus assets of the association has been passed by a majority of at least two-thirds of the members of the association, the Court shall, subject to [subsection (2)](#GS33@Gs2@EN) , make an order for the distribution of those assets in accordance with the resolution. > > > (2)  Where – > > > > > > (a) the Court considers that a distribution of the surplus assets of an incorporated association in accordance with a resolution of a kind referred to in [subsection (1)](#GS33@Gs1@EN) would not be just; or > > > > > > > (b) such a resolution has not been passed – > > > > the Court shall make such order for the distribution of those assets as, having regard to the objects and purposes of the association being wound up, it considers just. > > > (3)  In this section – > > > > > ***Court*** means the Supreme Court; > > > > > ***surplus assets*** means the assets of an incorporated association remaining on the winding up of the association after payment of the debts and liabilities of the association and the costs, charges, and expenses of the winding up.