Skip to content
As enacted
Contents

Part XV · Receivers and Managers

434. Interpretation

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

(1)

In this Part of this Act, unless the context otherwise requires—

“creditor” includes a person to whom the grantor owes a debt or is under a liability, whether present or future, certain or contingent and whether an ascertained debt or liability or a liability in damages ;

“grantee” means in relation to an instrument which creates a floating charge, the person entitled to the benefit of the instrument ;

“grantor” means the person in respect of whose property a receiver is or may be appointed ;

“liquidator” means a liquidator appointed under

Part XII ;

“mortgage” includes a charge on property for securing money or money’s worth ;

“mortgagee” includes a person from time to time deriving title under the original mortgagee, but does not include a receiver ;

“preferential claims” means the claims referred to in the Ninth Schedule (except paragraph 1 of that

Schedule) ;

“property” includes—

(a)

movable and immovable property ;

(b)

an interest in movable or immovable property ;

(c)

a debt ;

(d)

any thing in action ;

(e)

any other right or interest ;

“property in receivership” means property in respect of which a receiver is appointed ;

“receiver” means a receiver or a manager or a receiver and a manager in respect of any property, appointed—

(a)

under any instrument ; or

(b)

by the court in the exercise of a power conferred on the court by this Act, whether or not the person appointed is empowered to sell any of the property in receivership, but does not include—

(c)

a mortgagee who, whether personally or through an agent, exercises a power to—

(i)

receive income from mortgaged property ;

(ii)

enter into possession or assume control of mortgaged property ; or

(iii)

sell or otherwise alienate mortgaged property ; or

(d)

an agent of any such mortgagee.

POWER TO APPOINT RECEIVER

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