No.12
18
JV10l'<13Y LAUNDERING ANi) PROCEEDS OF CRIME i\MENDlvfPNT
Amendment of section 6 of Cap. 9:06
Section 6 ("Refusal of assistance") of the Criminal Matters (:Mutual Assistance)
Act [Chapter 9;06] is amended by the repeal of subsection (5) aud the substitution of-
"(5)
Assistance shall not be refused on the ground that-
(a)
the offence is considered to involve fiscal matters; or
(b) an inquiry, investigation or prosecution is being or is about to be
conducted in Zimbabwe in relation to the offence, unless the assistance
would impede the inquiry, investigation or prosecution.".
19
Amendment of Cap. 20:05
The Deeds Registries Act [Chapter 20:05] is amended(a)
in section 5 ("Duties of Registrars") by the insertion after paragraph (r)
of the follmving paragraph"(rl) subject to section 70A, register deeds of trust and amendments
to them, and record any particulars relating to registered trusts
that ar<c~ required by that section;";
(b)
in Part VII ("General") by the inse11ion before section 71 of the following
section-
"70A Registration of deeds of trust
(1) Subject to this Act, a registrar shall not register a tmst,
whether it is a trust inter vivos or a testamentary trust, unless--
(a)
the identities of the founder and of all trustees and
beneficiaries are disclosed, either in the trust deed or the
application for registration; and
(b) where etTective control of the trust prope1ty is vested in
a person other than a trustee or beneficiary, the identity
of that person is disclosed either in the trust deed or in
the application for registration; and
(c) such other information as may be prescribed is
disclosed, either in the trust deed or in the application
for registration.
(2) Every trustee of a registered trust shall maintain
up-to-date records of infonnation referred to in subsection ( 1), as well
as information on every financial institution and every designated
non-financial business or profession which is a service provider to
the trust.
(3) When registering a trust, a registrar shall record the
prescribed particulars of tht; persons referred to in paragraphs (a) and
(b) of subsection (1), and any changes to those particulars notified to
him or her in tem1s of subsection (4).
(4) Every trustee of a registered trust shall ensure that,
where there is a change to any of the particulars recorded in tenns of
subsection (1) in relation to the trust, the change is notified in writing
to a registrar at the deeds registry within one month after the change
occuned.
(5) A trustee who, \vithout just cause, contravenes subsection
(2) or (4) shall be guilty of an offence and liable to a fine not exceeding
levelS or to imprisonment for a period not exceeding six months or to
both such fine and such imprisonment.";
532
2018
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