No.9l20l7
Movnrln Pnopnnry Securury Inrrrnnsm
Cap. 14:35
(2) A debtor nust have rights in the asset to be encumbered
encumber
it.
s
the power to
(3) A security agreement rray provide for the creation of a security interest in
a future asset,
(4) A security agreement
must-
(a) h in writing, and signed by the secured creditor and the debtor; and
(b) identif the securedcreditcand the debtor; and
(c) exceptin the case ofan agreementthat provides forthe outright transfer
of a receivable or other liquid document, describe the secured obligation,
whther by a reference to all obligations or generically or spcifically;
and
(d)
describe the collateral as provided in paragraph 4.
(5) Subject
to
8, either party to a securiry agr€ment may register an
initial notice in the Collateral Registry by completing the prescribed form and submitting
it to the Registrar.
(6) A security agteement entered into and registered in accordance with this
paragraph creates a security interest and is enforceable, despite nd complying wittr
fcmalities impoced by other laws.
Obligations tlnt nwy be secured and assets that may be encumbercd
(l) A security intmst
may secure any tlre of obligation, pr€sent or flrfure,
determined or determinable, conditional or unconditional, fixed or fluctuating.
3.
(2) A security interest may encumbc a movable asset confonrdtrg to any one
of the following descriptions,or a combination of them*
(a)
any specific rnovable asset, or quantity
described by a computational fo,rmula:
O)
(c)
(d)
any part of a movable asset or an undivided right in a movable asset;
of specific
assets,
or an asset
any class, cat€gory or type of movable assets;
all of a debtor's movable assets of whatever description, whether the
assets are existing or future assets.
De scription of collate ral
4. (1) The collatsal must be described in ttre security agreement in a manner that
will enable it to be identified with reasonable certainty.
(2) Adescription that indicates that the collateral consists of all of the debtor's
movable assets, or of all of tbe dehor's movable assets of a specific description, satisfies
the standard of subparagraph (l).
(3) Serial-numberpd collateral must be described by a serial number, and the
make and the name of manufacturer, unless it is held as an inventtry.
(4)Adescripion reasoqably identifies the collateral if it identifies the collateral
by describing it in any of the ways referred to in paragraph 3(2).
Tangible
5.
aasets
covercd by negotiable doctmunts or used in connection with
inte llec aml p ro p e rty rights
(l) A security
interest in a negotiable document includes ttre tangible asset
covered by tlre document:..
Provided that the issuer of ttre document is in possession of the asset at the
time the secwity interest in the document is created.
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