Secured Transactions Act 2024 · As enacted · 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.
Official translationFrom Department of Government Printing, unchanged
An unperfected security right in collateral, shall be subordinate to-
the interest of a perfected security right;
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
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).
An unperfected security right in-
collateral, shall not be effective against-
an assignee in any insolvency proceedings, if the security right is unperfected at the time of the bankruptcy; or
a liquidator appointed under the
Companies Act, No. 07 of 2007, if the security interest is unperfected when the winding up order is made;
chattel paper, documents of title or goods shall not be effective against a transferee thereof, if the transferee-
acquires the interest in the collateral under a transaction that does not secure payment or performance of an obligation;
gives value; and
receives delivery of the collateral without knowledge of the security right; and
tangibles other than accounts shall not be effective against a transferee thereof, if the transferee-
acquires the interest in the collateral under a transaction that does not secure payment or performance of an obligation; and
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