Cap. 14:35
MovLnLE PnopsnTy Srcumnr lxrnnrsm
lnw applicable
No.9n0fi
to security iwercst in nngible asset
38. (1) Except as otherwise provided in this paragraph, the law applicable to the
creation, perfection ard priority of a security interest in a tangible asset is the law of
the country in which the asset is located"
(2) The law applicable to ttre creation, perfection and priority of a security
interest in a tangible asset of a type ordinarily used in more than one country is the law
of the counry in which the debtor is located.
Law applicable to security interest in innngible asset
39. (l) The law applicable to the creation, perfection and priority of a security
interest in an intangible asset is the law of the country in which the debtor is located.
(2) The law applicable to the sreation, perfection, priority and enforcement
of a security interest in a right to papnent of funds ffedited to a deposit account, as
well as to the rights and obligations between the financial institution and ths secured
creditm-
(a)
is the law of the couatry in which the financial institution with which the
account is maintained has its place of busirrcss;
(b)
wbre the financial institution
has places of business in rnore thau one
country, the law applicable is the law of the country in which the branch
maintaining the account is located.
Ile
(3)
law applicable to the c?eation, perfection and priority of a security
interest in an equity security is the law of the country in which the issuer is located
and the law applicable to the creation, perfection and piority of a security interest in
a debt ffiurity is the law of the country governing th securities.
(4) The law applicable to th creation, perfection and priority of a security
interestinintellectual propertyis the lawofthe counry in whictrtbintellecnralproperty
is protectod.
Inw applicable to enforcenoent of security interest
interesti$ the law of the country where the relevant act of
4O. The law applicable to issues relating to the enfucement of a security
(a)
in a taagible asset
enforcement takes place; and
(b)
in an intangible asset is the law of the country where tbe debts is locatod.
Law appliceble to security b*erest in prcceeds of collateral
4t. (t) The law applicable to the crcation of a socurity interest in proceeds is ttre
law ap'plicable to the creation of the s€curity interest in the original collateral ftrom
which the proceeds arose.
(2) The law applicable toperfection andpriuity of a security interest inproceeds
is the law applicable to perfection and priority of a security interest in the original
collateral of the same kind as tb pqoceeds.
Meaning af locarton of dcbnr
42. For the purposes of this Part, the debtor is
(a)
located-
in the case of a natural person, if ttre debtor does not have a place of
business, in the country in which the debtor is ordinarily resident;
O)
-
in the case of a juristic person
(i) in the country in which it has its place of business, if any; or
175
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