a collateral mortgage bond or bonds executed on behalf of the company and hypothecating the immovable pro perty concerned. Whenever it is desired to hypothecate movable or immovable property as additional security to
any mortgage bond, notarial bond or notarial debenture, such movable or immovable property shall be hypothecated by collateral notarial bond in the case of the movable property and by col lateral mortgage bond in the case
of immovable property. If the bond is in favour of one or more debenture holders, the original debenture shall be
annexed to one copy of the bond, and duplicate or certified copies of the debenture shall be annexed to the other
copies. If the bond is in favour of trustees for debenture holders, a certified copy of the trust deed by which the
trustees are appointed and in which their rights and duties are defined, together with a specimen form of the
debenture, shall be annexed to each copy of the bond.
(5 ) Registration of such notarial bonds or mortgage bonds and cancellation or cession thereof in whole or in
part shall be effected in accordance with the regulations and practice of the Deeds Registry relating to notarial
bonds or mortgage bonds, respectively. When so registered such notarial bonds or mortgage bonds shall, as from
the date of registration, subject to any prior rights arising out of any bond or debenture previously registered or out
of any legal hypothec, pledge or right of retention, operate as a first or preferential charge in respect of so much of
the movable or immovable property of the company as is mentioned and described therein as bound by way of
security for the fulfilment of the obligation undertaken by the company thereunder.
(6 ) In any bond executed in favour of trustees for debenture holders generally provision may be made that the
debentures thereby secured, or to be secured, may be issued from time to time and at different dates, as the co mpany may determine, but all such debentures, whenever issued, shall rank for preference concurrently with one
another as from the date of registration of the bond.
(7 ) Every holder of a debenture secured by a bond executed in favour of trustees for debenture holders generally shall, unless it is otherwise provided by the terms of the bond or of the trust deed and form of debenture
annexed thereto, be entitled to enforce his rights under such debenture as soon as it has been issued to him in the
same manner as if he were himself the holder of such bond. No notice of the cession of any such debenture shall
be necessary in order to confer upon any cessionary thereof the rights of the cedent.
107 Register of mortgages and debentures and register of debenture holder
(1 ) Every company shall keep—
(a ) a register of mortgages, notarial bonds and debentures and enter therein within fourteen days of the date
of any hypothecation full particulars thereof, giving in each case the date of the hypothecation, a short
descript ion of the property mortgaged, the amount of the debt secured, the rate of interest payable
thereon and the names and addresses of the mortgagees and debenture holders;
(b ) a register of debenture holders showing the number of debentures issued, and outstanding, specifying
whether issued to bearer or not, and, in the case of those not issued to bearer, specifying further the
names and ad dresses of the holders thereof.
(2 ) The registers referred to in subsection (1) shall be kept at the registered office of the company:
Provided that if—
(a ) the work of making them up is done at another office of the company, they may be kept at that other
office;
(b ) the company arranges with some other person for the making up of the registers to be undertaken on
behalf of the company by that other person, they may be kept at the office of that other person at which
the work is done;
so, however, that they shall not be kept at a place outside Zimbabwe.
(3 ) If a company keeps the registers referred to in subsection (1 ) at an office other than its registered office,
the company shall give notice in writing to the Registrar of the office at which the registers are kept and of any
change of that office and any such notice shall be given within one month of the date on which the registers are
first kept at the office or of the change of that office, as the case may be.
(4 ) If default is made in complying with subsection (1), (2) or (3) the company and every officer of the company who is in default shall be guilty of an offence and liable to a fine not exceeding level four.
(5 ) The register of mortgages, notarial bonds and debentures shall be open at all reasonable times to the i nspection of the Registrar or any person authorized by him or any creditor or member of the company without fee,
and any other person on payment of such fee, not exceeding twenty cents per hour or part of an hour, for such
inspection as the company may prescribe.
(6 ) The register of debenture holders shall, except when closed during such period or periods, not exceeding
in the whole sixty days in any year, as may be specified in the articles, be open to the inspection of any creditor or
member of the company but subject to such reasonable restrictions as the company may in general meeting impose
so that at least two hours in each business day are appointed for inspection and the company shall furnish to any
creditor or member at his request extracts from the register on payment of fifteen cents for every one hundred
words or fractional part thereof required to be extracted.
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