Act A836
Companies (Amendment) (No. 2) Act 1992



Section 19. New section 112A.

The principal Act is amended by inserting, immediately after section 112, the following new section 112A :


"Assignment and variation of charges.

112A. (1) Where, after a charge on property of a company has been created and registered under this Division, a person other than the original chargee becomes the holder of the charge, the person who becomes the holder of the charge shall within thirty days after he becomes the holder of the charge-


(2) Where, after a charge on property of a company has been created and registered under this Division, there is a variation in the terms of the charge having the effect of-

the company shall, within thirty days after the variation occurs, lodge with the Registrar a notice in the prescribed form setting out the particulars of the variation.

(3) Where the amount of debt or liability secured by a registrable charge created by the company is-

any payment or advance made by the chargee to the company in accordance with the terms of the charge shall not be regarded, for the purpose of subsection (2), to be a variation in the terms of the charge.

(4) A reference in this section to the chargee in relation to a charge shall, if the charge is constituted by a debenture or debentures and there is a trustee for the debenture holders, be construed as a reference to the trustee for debenture holders.

(5) If default is made in complying with this section, the company and every officer of the company who is in default shall be guilty of an offence against this Act.

Penalty: One thousand ringgit. Default penalty.".


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