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As enacted
Contents

Part I · Preliminary

3. Exemption from the application of the Act

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

(1)

Unless otherwise provided for in this Act, the provisions of this Act shall not apply to-

(a)

any lien granted by or under any law unless otherwise provided, and to any non-consensual lien that is recognized by courts;

(b)

the transfer of an interest or claim in or under a contract of annuity or a policy of insurance, other than the transfer of a right to money or other value payable under a policy of insurance as indemnity or compensation, for loss or damage caused to a collateral;

(c)

the assignment or transfer of an interest in the present or future wages, salary, emolument or commission or any other form of payment for any work undertaken or services rendered, the assignment or transfer of which is prohibited by law;

(d)

the transfer of an unearned right to a payment under a contract, to a transferee who is to perform the transferor’s obligations under the contract;

(e)

the creation or the transfer of an interest in any immovable property, including a mortgage, charge or lease of any such property, other than-

(i)

an interest in a fixture; or

(ii)

an assignment of a right to payment under a mortgage, charge or lease, where the assignment does not convey or transfer the assignor’s interest in the immovable property;

(f)

the sale of accounts, chattel papers or goods as part of a sale of the business out of which they arose, except where the seller remains in control of the business after the sale;

(g)

the transfer of accounts made solely for the purpose of facilitating the collection of accounts for the transferor;

(h)

intermediated securities;

(i)

a transaction that is subject to the

Pawnbrokers Ordinance (Chapter 90);

(j)

the payments arising from or under financial contracts governed by any agreement pertaining to the settlement of such payment, other than any receivables owed on the termination of all outstanding transactions; and

(k)

the transfer of an interest in goods held by a debtor where the goods are registered under the Motor Traffic Act (Chapter 203), the Sri Lanka Ports Authority Act, No. 51

of 1979, the Merchant Shipping Act, No.

52 of 1971 and the Civil Aviation Authority of Sri Lanka Act, No. 34 of 2002.

(2)

For the purpose of paragraph (h) of subsection (1),

“intermediated securities” means securities credited to a securities account and rights or interests in securities resulting from the credit of securities to a securities account.

Part II

Establishment of the Secured Transactions Registration Authority

Part III

Creation of Security Rights and Rights of Parties

Part IV

Perfection

Part V

Priorities

Part VI

Registration

Part VII

General Provisions

Part VIII

Repeals and Savings

Part IX

Interpretation