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In forceUpdated to 15 Oct 2020
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Chapter 1 · Creation of charges, and general provisions relating thereto

242. Form of charges

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(1)

Every charge to secure the repayment of a debt, or the payment of any sum other than a debt, (in either case, whether the amount in question is to be paid as a lump sum or by instalments)

shall be effected by an instrument in Form 16a.

(2)

Every charge to secure the payment of an annuity or other periodic sum—

(a)

shall be effected by an instrument in Form 16b; and

(b)

may if the parties think fit include provision whereby, in the event of the chargee exercising his power of sale, the proceeds of sale (so far as available for the purpose) are to be utilised in or towards the satisfaction of payments subsequently falling due.

264

National Land Code 395

Provisions of the

National Land Code

Modification

Provisions of the

National Land Code

Modification

Section 244

In its application to the Federal Territory of Labuan, in subsection (2), substitute for the words “any

Registry or Land Office” the words “the Registry”.

National Land Code

National Land Code 397

(3)

The provision included in any charge pursuant to paragraph (2)(b) may be provision for—

(a)

the setting aside, for the purpose of meeting the said payments, of any sum on investment, or

(b)

the retention by the chargee of the capitalised value of the said payments, or such other, or additional, provision as the parties think fit.

Report

Chapter 2

Implied provisions

Chapter 3

Remedies of chargees: Sale

Chapter 4

Remedies of chargees: Possession

Chapter 5

Discharge

Chapter 6

Liens

Chapter 1

Creation

Chapter 2

Release, extinguishment and cancellation

Chapter 1

Presentation of instruments for registration

Chapter 2

Procedure generally

Chapter 3

Determination of fitness for registration

Chapter 4

Manner of registration

Chapter 5

Powers of Attorney

Chapter 6

Cancellation of registration

Chapter 7

Endorsement of exempt tenancies

Chapter 1

Caveats

Chapter 2

Prohibitory orders

Chapter 1

Co-proprietorship

Chapter 2

Trusts

Chapter 2

Deposited plans

Schedules