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As enacted
Contents

Part XV · Receivers and Managers

462. Preferential claims

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

(1)

The provisions of this section applies to a receiver who was appointed under an instrument that created a floating charge.

(2)

Subject to the provisions of section 449 and to the rights of any of the persons referred to in subsection (3), a receiver to whom this section applies shall pay moneys received by him to the grantee of the floating charge by virtue of which the receiver was appointed, in or towards satisfaction of the debt secured by the floating charge.

(3)

The following persons shall be entitled to payment out of the property of a company subject to a floating charge, in priority to the grantee of the charge, and in the following order of priority :—

(a)

first, the holder of any fixed security, over any part of the property that ranks prior to the floating charge ;

(b)

second, the receiver, for his expenses and remuneration and any indemnity to which he is entitled out of the property of the company ; and

(c)

third, persons entitled to preferential claims, to the extent and in the order of priority specified in the

Ninth Schedule (except paragraphs 1 and sub-paragraph (b) of paragraph 7).

(4)

In the application of the provisions of the Ninth

Schedule in accordance with the provisions of subsection (3) —

(a)

references to a “liquidator” shall be read as references to a “receiver” ;

(b)

references to the “commencement of the winding up” shall be read as references to the “appointment of the receiver” ;

(c)

references to “company being ordered to be wound up” or to the “winding up of the company” shall be read as references to the “company being put into or being in receivership”.

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