Question
Equinox Sdn Bhd is a company producing car accessories. The company owns a piece of land at Lot 1234 at Jalan Satu, Bandar Satu. On
Equinox Sdn Bhd is a company producing car accessories. The company owns a piece of land at Lot 1234 at Jalan Satu, Bandar Satu. On 1st May, the company borrowed RM 1 million and created a fixed charge in favour of Bank ABC over the piece of land. On 10th May the company borrowed RM 10, 000 from Bank DEF and created a fixed charge over the same piece of land. However, till today the charge in favour of Bank ABC has not been registered. Unknown to Bank DEF, the company has previously taken a huge loan from bank GHI and created a floating charge on all the assets of the company. The charge instrument contains the following clause, "Equinox Sdn Bhd hereby agrees not to create any subsequent charge to be in priority." On 1st June the company took another loan and created a floating charge in favour of Bank JKL. The company secretary of the company offered to show the register of charges to the accountant of Bank JKL, but the accountant refused to see it on the basis the bank is not obliged to do so. Bank JKL now claims that they have no knowledge of the three previous charges and therefore they are not bound. Advise the relevant parties, by using the knowledge of registration of charges and the priorities of charges, which is involved in the Malaysian Companies Act 2016. ....
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