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As enacted
Contents

Part XIV · Floating Charges

428. Instrument creating floating charge

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

A floating charge may be created by a company only by the execution under the name of the company in accordance with the provisions of paragraph (a) of subsection (1) of section 19, of an instrument which is expressed to create such a charge.

(2)

An instrument which creates a floating charge over property which includes land, shall be registrered under the

Registration of Documents Ordinance (Cap. 117) as an instrument affecting that land.

(3)

An instrument which creates a floating charge over property which includes movable property, shall be registered under the Registration of Documents Ordinance (Cap. 117)

as if it were a bill of sale. Where the floating charge also includes land, the provisions of sections 16 to 22 of the

Registration of Decuments Ordinance (Cap. 117) shall not in any way affect the instrument, in so far as it relates to land.

(4)

The provisions of sections 17 and 20 of the

Registration of Documents Ordinance (Cap. 117) shall apply in relation to a floating charge, as if registration of that floating charge—

(a)

under Chapter IV of that Ordinance in the district in which the registered office of the company is situated ; and

(b)

under Part VI of this Act, were registration under Chapter IV of that Ordinance, in every district in Sri Lanka.

(5)

For the avoidance of doubt, nothing in section 63 of the Mortgage Act (Cap. 89) shall apply to or in relation to any instrument creating a floating charge.

Part XV

Receivers and Managers

Part XVI

Registrar-General of Companies and Registration Appointment of Officers

Part XVII

Application of Act to Existing Companies

Part XVIII

Overseas Companies

Part XIX

Advisory Commission

Part XX

Companies Disputes Board

Part XXI

Offences Miscellaneous Offences

Part XXII

Miscellaneous Prohibition of Partnership with More Than Twenty Members

Part XXIII

Repeals and Amendments

Schedules