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As enacted
Contents

Part I · Preliminary

5. Subordination of unperfected security rights

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

(1)

An unperfected security right in collateral, shall be subordinate to-

(a)

the interest of a perfected security right;

(b)

the interest of a creditor who has registered a notice of judgment with the Registrar, where such right was unperfected at the time such notice was registered; and

(c)

the right of any person under any law, whether statutory or otherwise, to participate in a distribution of movable property, subject to the interest of a creditor referred to in paragraph (b).

(2)

An unperfected security right in-

(a)

collateral, shall not be effective against-

(i)

an assignee in any insolvency proceedings, if the security right is unperfected at the time of the bankruptcy; or

(ii)

a liquidator appointed under the

Companies Act, No. 07 of 2007, if the security interest is unperfected when the winding up order is made;

(b)

chattel paper, documents of title or goods shall not be effective against a transferee thereof, if the transferee-

(i)

acquires the interest in the collateral under a transaction that does not secure payment or performance of an obligation;

(ii)

gives value; and

(iii)

receives delivery of the collateral without knowledge of the security right; and

(c)

tangibles other than accounts shall not be effective against a transferee thereof, if the transferee-

(i)

acquires the interest in the collateral under a transaction that does not secure payment or performance of an obligation; and

(ii)

gives value without knowledge of the security right.

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