Cap. 6:07 INSOLVENCY No. 7/2018 "date of liquidation" means the date of the first liquidation order or, subject to section 12 in the case of a voluntary liquidation by resolution in terms of section 9, the date on \vhich notice is given in terms of section 9(9) or, subject to section 12 in the case of a voluntary liquidation by resolution in terms of section 10, the date of the registration or filing of the liquidation resolution; "debtor", means any person or entity that is able to incur debt whose estate has been liquidated and includes(a) the estate of any such person or entity; (b) any such debtor or debtor's estate before liquidation: "direct notice" means notice by fax, e-mail, or personal delivery; "disposition" means the transfer or abandonment of a right to property and includes a sale, mortgage, pledge, delivery, payment, release, compromise, donation, suretyship, security interest under the Movable Propert) Securities Interest Act [Chapter 14:35] or any contract therefor; "e-mail" means an electronic mail sent to an e-mail address indicated for use by the intended recipient and provided that no report is received that the electronic mail could not be delivered; "employee" means an employee defined in section 2 of the Labour Act IChapter 28:01]; "fax" means a facsimile transmission which according to a transmission report has been transmitted successfully; "financial lease" means a contract whereby a lessor leases specified movable property to a lessee at a specified rent over a specified period subject to a term of the contract that(a) at the expiry of the contract the lessee may acquire ownership of the leased property by paying an agreed or determinable sum of money to the lessor; or (b) the rent paid in terms of the contract shall at the expiry of the contract be applied in reduction of an agreed or determinable price at which the lessee may purchase the leased property from the lessor; or (c) the proceeds of the realisation of the leased property at the expiry of the lease shall accrue wholly or partly to the lessee; and includes a financial lease not covered by paragraphs (a) to (c) but which qualifies as a security interest in terms of the Movable Property Security Interests Act [Chapter 14:35]; "first liquidation order" means a provisional order for the liquidation of the estate of a debtor or a final order for the liquidation of the estate of the debtor if a provisional liquidation order has not been granted; "free residue" in relation to an insolvent estate, means that portion of the estate which is not subject to any claim by a secured creditor; "good faith" in relation to the disposition of property, means the absence of any intention to prejudice creditors in obtaining payment of their claims or to prefer one creditor above the other; "immovable property" means land and every right, title and interest in and to land or minerals which is registerable in any office in Zimbabwe tasked with the registration of title to land or the right to mine: "insolvent" means a debtor whose estate is under liquidation; "insolvent estate" means an estate which is under liquidation; "liquidation order" means an order of a Court whereby the estate of a debtor is placed under liquidation and includes a provisional liquidation order \vhen it has not been set aside: 20!

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