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Part 2
Government of Nepal
Ministry of Law, Justice and Parliamentary Affairs
The following Act enacted by the House of Representatives in the
First Year of the issuance of the Proclamation of the House of
Representatives, 2063 (2006) is hereby published for information of
the general public.
Act number 19 of the year 2063 (2006)
An Act Made to Provide for Secured Transactions
Preamble:
Whereas, it is expedient to make provisions forthwith to secure
obligations with movable and intangible property by making
consolidated legal provisions in relation to secured transactions for
the maximum promotion of economic activities for the economic
development of the country;
Now, therefore, be it enacted by the House of Representatives in the
First Year of the issuance of the Proclamation of the House of
Representatives, 2063(2006).
1
CHAPTER- 1
Preliminary
1.
(2)
2.
Definitions:
Unless the subject or the context otherwise requires, in this
Act,(a)
(b)
(c)
accounts,
secured
sales
contract,
deeds,
(d)
(e)
(f)
(g)
(h)
(2)
(3)
(4)
(5)
products
of
crops
or
livestock
in
their
unmanufactured state.
(i)
means a security
(1)
(2)
(j)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(2)
(3)
(4)
(2)
(2)
(3)
(4)
(5)
(ff)
Office,
and
this
term
also
includes
(jj)
with
collateral,
including
pledge,
(c)
(3)
employee;
(b)
(c)
(d)
(2)
Until the Registration Office is established pursuant to subsection (1), the Government of Nepal may designate any
office to perform the function of registering notices pursuant
to this Act.
(3)
(4)
5.
11
(a)
(b)
(c)
(2)
(b)
12
(2)
(3)
7.
(b)
(c)
(2)
(3)
(4)
(5)
8.
14
(a)
(b)
(c)
(d)
(e)
15
(2)
(3)
(4)
9.
(2)
10.
(2)
(3)
17
11.
(2)
12.
Amendment of notice:
(1)
(b)
(c)
(d)
(2)
(4)
(5)
(6)
(7)
(8)
19
(9)
Continuation of notice:
(1)
number;
(b)
(c)
(2)
(3)
(5)
Termination of notice:
(1)
(b)
(c)
(2)
(b)
(c)
(3)
15.
Effectiveness of notice:
(1)
(2)
(b)
(c)
(d)
(e)
(3)
(5)
(6)
(7)
16.
(c)
17.
record;
(b)
(c)
(2)
(3)
(4)
(5)
(6)
18.
The Registration
(b)
the file number, and the date and time of filing of each
notice;
(c)
(d)
(e)
the file number, and the date and time of filing of each
record relating to each initial notice, and identification
of the record as an amendment, continuation statement,
correction statement or termination statement.
(2)
(a)
(b)
(c)
(d)
(3)
19.
(2)
(3)
(4)
27
Chapter - 3
Provisions Relating to Security Interest
20.
Security interest:
(1)
Any person may give and take a security interest under this
Act, subject to sub-section (2). In so giving and taking a
security interest, the security interest may also be given and
taken in a manner that more than one person can get the
security interest in any collateral.
(2)
(3)
21.
Secured obligations:
(1)
(2)
(3)
(4)
22.
Collateral description:
A description of a collateral shall be deemed to be sufficient if it
reasonably identifies what is intended to be described. A description
of a collateral may also be expressed in general terms except as
provided otherwise in this Act with respect to serial numbered
vehicles.
Explanation: For the purposes of this Section, the expression in
general terms shall mean a description indicated by a security giver
by using phrases such as all assets or all movable property of
the security giver, except with respect to consumer goods.
23.
(2)
(3)
24.
(2)
(a)
(b)
(c)
25.
(b)
(c)
30
(2)
26.
(2)
(3)
(4)
31
(6)
(7)
(8)
(9)
27.
Continuity of perfection:
(1)
(2)
28.
(2)
the filing of a notice for the first time or after maturing the
security interest or the continuity of perfection of such
security interest should not be interrupted pursuant to subsection (1) of Section 27.
(3)
(4)
29.
30.
34
(2)
(b)
(c)
(d)
35
(2)
31.
Lessee of collateral:
(1)
(2)
(3)
32.
(2)
(3)
(b)
37
34.
35.
(b)
36.
(b)
37.
Fixtures:
(1)
(2)
(3)
(4)
39
(5)
such
(7)
40
(8)
(b)
(c)
38.
Crops:
Where immovable property in possession of a security giver or the
interest of the security giver in such immovable property is
registered in accordance with the laws in force, a perfected security
interest in crops growing on such immovable property shall have
priority over a conflicting interest of such owner or a mortgagee.
39.
Accessions:
(1)
(3)
(4)
(b)
(c)
40.
Commingled goods:
(1)
(2)
(3)
(4)
(5)
43
(a)
(b)
(c)
41.
(b)
42.
Assignment:
44
(1)
(2)
(3)
(4)
(5)
43.
45
Future advances:
Where a perfected security interest secures an obligation by the
security holder to make future advances, the rights of a lien holder
shall have priority over the security interest with respect to advances
made after the security holder has actual knowledge of the interest
of the lien holder or after a period of twenty days after a notice of
the interest of the lien holder is filed in the Registration Office,
whichever occurs earlier.
45.
Alteration in priority:
A person entitled to priority under this Act may agree to modify or
forego such priority. The filing of a notice shall not be necessary
with respect to such agreement.
Chapter - 5
Enforcement of Security Interest
46.
(2)
46
(a)
(b)
(c)
(d)
(e)
(3)
(4)
(5)
47
(7)
47.
(2)
48
(3)
(4)
48.
(2)
(3)
(4)
(5)
49.
(2)
(b)
(c)
(b)
(c)
(d)
50.
(2)
(3)
(4)
(5)
51.
51
(1)
(b)
(c)
(2)
The security holder shall account to the security giver for any
surplus of the proceeds of sale of collateral and, unless
otherwise agreed, the security giver shall be liable for any
deficiency.
(3)
(b)
(2)
(3)
(4)
53.
(2)
54.
(2)
(3)
(5)
manner
in
consonance
with
commercial
55.
Offenses:
(1)
(a)
(b)
(c)
(2)
(3)
(4)
(5)
56.
To be state case:
56
(1)
(2)
57.
(b)
(2)
58.
58
(2)
59.
60.
unless
different
intention
appears,
the
(b)
(c)
(d)
affect
any
penalty,
punishment
or
forfeiture
60