No. 7/2018
!\'SOLVENCY
Cap.6:07
or third degree of relationship as determined in accordance
with the lm\ on intestate succession; or
(iii) the business partner of such person or the spouse of such
partner or any person who is related to such partner or spouse
in a degree contemplated in subparagraph (ii); or
(iv) a beneficiary of a trust, or a trust of which such person or
associate of such person is a trustee or beneficiary; or
(v)
(b)
a company of which such person is a director or any juristic
person of whom such person is a manager or of which he or
she has control;
in relation to a juristic person(i)
any natural person who is a director of that juristic person or
\vho has control of that juristic person, either alone or together
with his or her associate contemplated in subparagraph (a): or
(ii)
any other juristic person which is controlled by the person\\ ho
controls the first-mentioned juristic person;
(c)
in relation to another person a person \Vho has control of an
undertaking of the other person, and that person is regarded as having
control of an undertaking if the person who manages the undertaking
is accustomed to act in accordance \Vith that person's directions
or instructions, unless that person gives advice in a professional
capacity only;
(d)
a natural person or juristic person who was an associate of another
natural person or juristic person at the time of the disposition in
question or at the date of the liquidation of the estate or liquidation
of one of the parties;
"bank" means a bank as defined in section 2 of the Banking Act [Chapter
24:20];
"book or" in relation to bookkeeping or the recording or storage of information,
includes any electronic (including relevant passwords) or mechanical
device by means of which the information in question is recorded or stored,
and in relation to the production, the handing over or the attachment of
any book , includes the production, the handing over or the attachment
of a print-out or other written version of the information produced by
means of such device and books shall be construed accordingly;
"Companies Act" means the Companies Act [Chapter 24:31];
"Commissioner of Police" includes Commissioner-General, Senior Assistant
Commissioner and Assistant Commissioner of Police;
"concurrent creditor" means a creditor to the extent that the creditor's claim
is not that of a secured creditor or a preferent creditor;
"contribution" in respect of a fund or annuity means a contribution made to
the fund or annuity by a debtor in respect of the debtor, less that part of
the contribution which represents commission or a premium in respect
of death or di sabi Iit) benefits and benefits paid to the debtor before the
date of liquidation;
"contributory" in relation to a company limited by guarantee, has the meaning
assigned to it in the Companies Act [Chapter 24:31];
"Court" means the High Court of Zimbabwe, and in sections 3(b). 20( l), 24, 26,
27. 106 and 107 also means a magistrate's Court \vhich has jurisdiction
in respect of the matter or offence in question;
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