2. Amendment of section 2 of Chapter 70

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

Section 2 of the Prevention of Frauds Ordinance

(Chapter 70) is hereby amended as follows: -

(1)

by the renumbering of that section as subsection (1);

(2)

in the renumbered subsection (1) thereof-

(a)

by the repeal of paragraph (a), and the substitution therefor of the following:-

“(a)

the relevant deed or instrument shall be in writing, signed by every executant or by any person duly authorised by such executant and the witnesses in the presence of a licenced notary public present at the same time and in the presence of one another, and the same shall be attested by such notary; and”;

(b)

in paragraph (b), by the substitution for the words, “the relevant deed or instrument:” of the words, “the relevant deed or instrument, in the presence of such notary public and the witnesses:”;

(3)

by the addition, immediately after subsection (1) of that section, of the following new subsection: -

Prevention of Frauds (Amendment)

Act, No. 4 of 2024

“(2) In relation to a transfer deed –

(a)

both the transferor and the transferee shall affix their signatures and thumb impressions as required by subsection (1):

Provided however, where the transferee is unable to be present and execute the deed or instrument, he shall authorise in writing, any other person to sign such deed or instrument on his behalf, who shall comply with the requirements set out in subsection (1):

Provided further, where the transferee is a corporate body and where the Board of Directors of such corporate body is unable to be present and execute the deed or instrument, such Board shall authorise in writing, any other person to sign such deed or instrument on his behalf, who shall comply with the requirements set out in subsection (1).

(b)

if the transferee is a minor, a guardian shall be a competent person to act on behalf of the transferee for the purpose of this section.”.

Read on from s 3