Companies Act 2007 · As enacted · 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.
Official translationFrom Department of Government Printing, unchanged
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.
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.
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.
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—
under Chapter IV of that Ordinance in the district in which the registered office of the company is situated ; and
under Part VI of this Act, were registration under Chapter IV of that Ordinance, in every district in Sri Lanka.
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