Section 889 of The Companies Act No. 17 of 2015: Consequences of failure to register charges created by a company

    

(1) If a company creates a charge or a security right, the charge (in so far asany security on the property or undertaking of the company is conferred by it) or a security right is void against —
(a) a liquidator of the company;
(b) an administrator of the company; and
(c) a creditor of the company, unless the requirements of the applicable laws for the charge or security right to become effective against third parties have been satisfied.
(2) Subsection (1) does not affect the operation of a contract or obligation forrepayment of the money secured by the charge or security right.
(3) If a charge or security right becomes void under this section, the money secured by it immediately becomes payable.


Disclaimer: This document is not to be taken as legal advise.

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