Movnnle PRoprRTy Srcunrry Innrnsrs
Cap. 14135
No,9f7,,4fi
"Registry" means tlrc Collateral Registry establisM in tenns of sec'tion 4{l);
"Reserve Bank" means the Reserve Bank of Zimbabwe refened to in section 4
of the Reserve Bank of Zimbabwe Act lChapter 22:I5l No. 5 of 1999);
"secured cf,editff" means
-
(a)
(b)
a penron that has a security interest;
(a)
a property
or
a transferee in an outright transfer of a receivable;
"security interest" meansright in
a movable asset that is created by an agreement
to secur€ payment or oth€r perfonnance of an obligation, regardless
of whethertheparties havedenominated it as a secrnity interest,and
regardless of the type of asset, the status of the debtor
secured
creditor, or the nature of the securcd obligation; or
c
(b)
3
the right of the hansferee in an outright Hansfer
of a rmeivable.
Appllcatlon
(l)
Subject to subsection (3), ttris Act applies to security interess in movable
a view to registering notices relating to security interests in the Collateral
propeily with
Regrsry.
(2) The kind of security interest that may be seated in movable property for
the purpose of this Act includes any security inte,fest that may be evidenced or created
by means of a chanel mortgage, notarial bond, hypothec, note of hand, charge, sectred
debenture, pledge, tnrst indenture, tnrst receiS, financial lease andany othertransaction
that secures payment or performance of an obligation.
(3) A security interest(a) in a future asset; or
(b) in an undivided interest in a movable asset or movable property; or
(c) in a pan of a movable asset tr movable property;
may also be pafected by way of registration of a notice of security inteiest.
(4) Subject to paragraph 7 of the Second Schedule, security interests may be
perfected by any formal or infomral mode recognised by the common law:
Provided that from the fixed date no security intercsts rnay be registered by
way of a notarial bond in a deeds regtsry.
(5) This Act does not apply
(a)
(b)
(c)
o-
security interests in book-entry securities held through the Central
Securities Depository under the Securities and Exchange A*fChapter
24:251;
the creation andtransferof an interest in land,excluding aright O payment
that arises in connection with an interest in or a lease of land;
a security interest, including a mortgage in a vessel, subject to the Inland
Waters Shipping Act lClwpter I 3 :061;
(d) a security
inter,est in an aircraft subject to the Civil Aviation Act fClmpter
13:16l (No.? of 1998);
(e)
{0
except as otherwise provided in this Act, a [ien, charge or other interest
given by statute or nrle of law;
security intcrests in proceeds ofcollateral
asset lying outsidc the scope of ttris Act
q
if
the proceeds are a type of
to the extent that other laws
apply to security interests in those types of assets.
151