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Statutes and regulations associated with Regulated Finance Companies

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By Shiranthi Gunawardana –
Attorney at Law and Legal Consultant to the Finance
Houses Association

Regulated Finance Companies (RFCs) are major financial intermediaries which are duly regulated and governed by the laws of Sri Lanka. RFCs are strictly governed by virtue of statutes and Acts such as Finance Business Act No. 42 of 2011. The other statutes which are applicable are Finance Leasing Act No. 56 of 2000 as amended, Consumer Credit Act, Mortgage Act, Motor Traffic Act, Inland Trust Receipts Act, Debt Recovery Special Provisions Act, Criminal Procedure Amendment Act, Companies Act and so on.

The Finance Business Act No. 42 of 2011 is an Act to provide control and supervision of finance companies registered in the Central Bank and the act has repealed the Finance Companies Act No. 78 of 1998. The Act outlines the licensing procedures, directions, rules and requirements of finance companies, including core capital reserve funds, admissible business activities by finance companies. Under this act, it is mandatory that a company cannot accept public deposits unless it is registered and licensed as a finance company under the Act and to be registered as a Licensed Finance Company, that company needs to have registered under the Companies Act, No. 7 of 2007. The Act also provides for a separate director in the CBSL to monitor and control NBFIs. According to the sections 13 and 14 of the Act, the director is vested with power to act upon NBFIs if they fail to comply with the directions which are listed in sections 13 and 14 suggested under the Finance Business Act.

All RFCs are legally bound and obliged to comply with all the directions and circulars issued under the Finance Businesses Act No. 42 of 2011.

Importance of the Finance Leasing Act

The Finance Leasing Act No. 56 of 2000 as amended by Act No. 24 of 2005 and Act No. 33 of 2007 makes it that it is mandatory to have a license under the Finance Leasing Act to carry on finance leasing businesses. Section 32 of the Finance Leasing Act clearly sets out the repercussions of carrying on Finance Leasing Businesses without registration. Under this section, the director of the Central Bank has the right under Section 32(2) and Section 32(3) (a) (b) to apply to the High Court and obtain an injunction.

Under the Finance Leasing Act, there are 4 mandatory provisions which have to be strictly followed as provided by Section 31 of the Finance leasing Act No. 56 of 2000.

 

The mandatory provisions are

• Section 11 – Right to undisturbed possession

• Section 16 – Termination on variations of a supply agreement.

• Section 22 – Computation of damages recoverable from the Lessee.

• Section 24 – Which has been amended by Act No 24 of 2005 – Which provides for transfer or assignment of Lessor’s rights.

For RFCs – To carry out finance business and to accept public deposits, a license has to be obtained from the monetary board which has to be annually renewed and for finance leasing businesses a separate license which is again renewable annually has to be obtained.

Approved credit agency status is granted under the Mortgage Act No. 06 of 1949 as amended. The Trust receipt ordinance No. 12 of 1947 and the Inland trust receipt Act of No. 14 of 1990 also are Acts under which businesses can be carried on.

Under these Acts, with the relevant authority given, a finance company can engage in mortgage of movables and mortgage of shares and allied businesses.

The mortgage of corporeal movables such as gold articles, motor vehicles can be carried on by finance companies who are also approved credit agencies and can enjoy the special benefits granted under these Acts in their recovery process.

It is evident from the above statues and regulations that RFCs are well regulated and governed and are legally bound to abide by the said regulations and directions. RFCs are aware of the consequences of failing to abide by these regulations, accordingly 99% of RFCs do comply with these regulations which is an encouraging sign for customers to embrace the services of RFCs.

The writer is the Legal Consultant of the FHA with 45 years of experience in the finance industry.



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ADB annual meetings in Uzbekistan underscore a world tied together

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"President Shavkat Mirziyoyev with Asian Development Bank President Masato Kanda at the 59th ADB Annual Meeting in Samarkand, on May 4.

The ancient Silk Road city of Samarkand has once again become a crossroads of global dialogue, this time hosting the 2026 Annual Meetings of the Asian Development Bank (ADB). Against a backdrop of shifting geopolitical dynamics and economic uncertainty, the gathering has underscored a central theme: the growing interdependence of nations in addressing shared challenges.

Delegates from a wide spectrum of countries—including Canada, the United States, Italy, Hong Kong, Australia, China, Indonesia, the United Kingdom, Tuvalu, France, Finland, Germany, India, Thailand and Pakistan – have converged in Uzbekistan to deliberate on pressing issues shaping the Asia-Pacific region.

Their presence reflects not only the geographic diversity of ADB’s membership but also the urgency of collective action in an increasingly interconnected world.

At the heart of discussions are the vulnerabilities and opportunities within global supply chains, energy markets, and emerging technologies.

With ongoing geopolitical tensions disrupting traditional trade routes and economic alignments, governors repeatedly stressed the need for resilience, adaptability, and cooperation. The consensus emerging from Samarkand is clear: no country can navigate these challenges in isolation.

A significant portion of the dialogue has focused on climate resilience, an area where the ADB has received strong endorsement. Governors welcomed the bank’s expanded efforts to help member nations adapt to climate risks, particularly through investments in sustainable infrastructure and disaster preparedness. In a region highly susceptible to climate shocks from – rising sea levels in the Pacific to extreme weather events in South Asia – the urgency of such initiatives cannot be overstated.

Digital connectivity has also emerged as a key pillar of development strategy. Delegates highlighted the transformative potential of technology in bridging economic gaps, enhancing productivity, and fostering innovation.

The ADB’s role in upgrading digital infrastructure across developing member countries was widely praised, with many calling for accelerated implementation to ensure that no nation is left behind in the digital economy.

Equally important is the push for resource mobilization and the unlocking of private capital. Governors emphasized that public funding alone would be insufficient to meet the region’s vast development needs, particularly in critical sectors such as energy security, water management, and mineral resource optimization. The ADB’s initiatives to crowd in private investment were therefore seen as essential to scaling up impact and delivering sustainable outcomes.

Energy security, in particular, remains a focal point amid volatile global markets. Delegates called for diversified energy sources and increased investment in renewables, aligning economic growth with environmental sustainability.

Water security, another pressing concern, was discussed in the context of both scarcity and equitable access—issues that are increasingly intertwined with regional stability.

Beyond economic and environmental priorities, the meetings also highlighted the ADB’s commitment to gender equality and social inclusion.

Governors commended the bank’s progressive policies in these areas, noting that inclusive growth is fundamental to long-term development. However, they also urged the ADB to translate its vision into tangible, measurable outcomes on the ground.

By Sanath Nanayakkare
in Samarkand, Uzbekistan

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Compassion over capital: Janashakthi partners President’s Fund to transform child healthcare access

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(Left to Right) J.M. Wijebandara, Advisor to the President (Legal Affairs) - Presidential Secretariat ; G.G.S.C Roshan, Senior Additional Secretary to the President / Secretary - President’s Fund ; C.T.A Schaffter - Founder & Chairman Emeritus, JXG (Janashakthi Group) ; Ramesh Schaffter – MD/Group CEO, JXG (Janashakthi Group) ; Gamika De Silva – Group Chief Marketing Officer, JXG (Janashakthi Group) ; Dilshan Wirasekara, Deputy CEO, JXG (Janashakthi Group)

By Ifham Nizam

In a landmark move that signals a shift in corporate philanthropy in Sri Lanka, Janashakthi Group (JXG) has entered into a pioneering partnership with the President’s Fund to provide financial support for children requiring urgent medical care—irrespective of ethnicity, religion, region, or social standing.

Addressing journalists at the Hilton, Colombo, Managing Director/Group CEO Ramesh Schaffter said the initiative was not born out of obligation, but conviction.

“Nobody asked us, because nobody had to. From our very inception, Janashakthi has stepped up where we have seen a need,” Schaffter said.

He added: “Today, we are stepping up again—not alone, but in partnership with the highest charitable institution in the country, the President’s Fund.”

This collaboration marks the first time a corporate entity has formally aligned itself with the President’s Fund in such a comprehensive and structured manner. While individuals and organisations have contributed financially in the past,

Janashakthi’s approach goes further—committing to match funding for medical cases approved by the Fund, effectively doubling the resources available for life-saving treatments.

At the heart of the initiative lies a simple yet powerful principle: every Sri Lankan child deserves equal access to healthcare.

“Which child? Any child. Which province? Any province. Which race? Any race. Which religion? Any religion,” Schaffter emphasised. “They are all children of Sri Lanka—the next generation that must take their place in this nation.”

The mechanism is deliberately streamlined. The President’s Fund, with its established network of medical experts and evaluative processes, will continue to vet applications and determine eligibility. Once approved, Janashakthi will mirror the financial support extended.

Responding to Ths Island Financial Review, he added:

“We are not here to reinvent the wheel,” Schaffter noted. “If the President’s Fund supports a case—whether treatment is in Sri Lanka or overseas—we will match it. If they give one, we give one. If they give two, we give two.”

This alignment ensures efficiency, credibility, and speed—critical factors in medical emergencies where delays can cost lives.

Beyond the operational framework, the initiative reflects a broader rethinking of corporate responsibility. Moving beyond conventional labels such as Corporate Social Responsibility (CSR) or Environmental, Social and Governance (ESG), Janashakthi is reframing its philosophy in more human terms.

“We just want to call it compassion—profit with a compassionate face,” Schaffter said. “Every corporate body has a responsibility not just to make profits, but to give back meaningfully to society.”

Importantly, the Group has made it clear that the initiative will not be used as a platform for publicity.

“We are not doing this for advertising mileage,” he stressed. “You will not see us parading children or showcasing beneficiaries. The purpose of this press conference is awareness—not recognition.”

This ethos is consistent with Janashakthi’s past interventions. During the COVID-19 pandemic, the Group quietly supported 14 hospitals with over Rs. 40 million worth of critical equipment, including ventilators, oxygen systems, and even the refurbishment of entire wards—without public fanfare.

“If this effort can save even one child, it will be worth it,” Schaffter said.

Senior Additional Secretary to the President and Secretary to the President’s Fund, G.G.S.C. Roshan, welcomed the partnership, noting that it would significantly enhance the Fund’s capacity to respond to urgent medical needs, including cases requiring treatment overseas.

“The President’s Fund already supports such cases, sometimes even facilitating treatment in countries like India or Singapore when necessary,” he explained. “With Janashakthi coming alongside us, that support can now be strengthened.”

The initiative is funded through contributions from Janashakthi’s operating businesses, effectively channelling a portion of corporate profits directly into life-saving interventions.

Group Chief Marketing Officer of JXG, Ghamike De Silva, stressed that this was not a one-off gesture but part of a sustained commitment to social responsibility.

“This is a significant financial commitment drawn from our business operations,” he said. “It reflects our belief that success must be shared—especially with those who need it most.”

Respoding to The Island Financial Review JXG Founder & Chairman Emeritus C T A Schaffter issued a broader call to action for Sri Lanka’s corporate sector, urging others to follow suit.

“This is a journey of recovery and progress that cannot be achieved by the government alone,” he said. “Corporate citizens and individuals alike must carry part of the responsibility. There is much more that can—and must—be done.”

His remarks were also deeply personal. Reflecting on his own childhood marked by loss and hardship, Schaffter spoke of growing up dependent on the generosity of others.

An emotional Schaffter added:

“When you have lived without, when you have relied on charity, you understand what it means to need help,” he said. “That understanding shapes how you choose to give.”

As Sri Lanka navigates its path toward economic recovery, initiatives like this highlight a growing recognition that financial performance and social impact are not mutually exclusive—but mutually reinforcing.

By embedding compassion into its business model, Janashakthi is not merely funding healthcare—it is redefining the role of corporate Sri Lanka in nation-building.

And in doing so, it may well set a precedent for others to follow.

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Dialog Enterprise expands cybersecurity leadership with Seceon

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Dialog Enterprise, the corporate solutions arm of Dialog Axiata PLC and Sri Lanka’s number one ICT solutions provider, has announced a strategic partnership with Seceon Inc to strengthen its managed security services portfolio with advanced AI-driven cybersecurity capabilities.

Through this collaboration, Dialog Enterprise will deploy Seceon’s aiSIEM platform to deliver next-generation Managed Detection and Response (MDR) services, enabling enterprises to gain full visibility across networks, endpoints, cloud environments, applications, and identities while detecting and responding to threats in real time using machine learning and behavioural analytics. The unified platform integrates SIEM, UEBA, SOAR, threat intelligence, and data lake capabilities into a single solution, allowing for faster threat detection, reduced investigation time, and automated incident response.

“Partnering with Dialogue Enterprise allows us to bring our AI-powered security platform to a broader enterprise landscape in Sri Lanka. Our aiSIEM platform is designed to simplify security operations while delivering advanced threat detection, automated response, and comprehensive visibility across complex environments. Together with Dialog Enterprise’s strong market presence and service capabilities, we are well-positioned to help organisations proactively defend against evolving cyber threats,” said Chandra, CEO & Founder of Seceon Inc.

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