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“…Spyridon V Bazinas Senior Legal Officer International Trade Law Division, Office of Legal Affairs (UNCITRAL Secretariat) About the Editor: Marek Dubovec is Senior Research Attorney at the National Law Center for Inter-American Free Trade, Arizona, United States Cyprian Kambili is Legal Specialist at the Ministry of Industry and Trade, Lilongwe, Malawi Table of Contents Foreword Introduction Using the UNCITRAL Legislative Guide as a tool for a secured transactions reform in sub-Saharan Africa: The case of Malawi 1 Introduction 2 A critical review of the current laws on secured transactions in Malawi 2.1 The Bills of Sale Act 2.2 The Farmers’ Stop-Orders Act 2.3 The Commercial Credits Act 2.4 The Hire-Purchase Act 2.5 The Companies Act 3 General problems with the legal regime for secured transactions in Malawi 4 Comparative search for legislative solutions to secured transactions in Malawi 5 Final remarks The key concepts, definitions, scope and interpretation 1 Security interest 2 Floating security 3 Definitions 4 Scope of the PPSA Creation of a security interest 1 Conditions for creation of a security interest 2 Description of collateral 2.1 Description of proceeds 2.2 Description of after-acquired property 3 Giving value 4 Rights in the collateral or power to encumber Perfection of a security interest 1 Registration 2 Possession 3 Control 4 Special provisions of the PPSA on perfection Priority of security interests 1 General priority rules 2 Priority of purchase money security interests 3 Priority in accessions and manufactured or commingled goods 4 Transfers of collateral and priority 5 Special priority rules Registration system 1 Establishment of, features and functions of the registry 2 Content of financing statements: Registration information 2.1 Identification of the debtor 2.2 Identification of the secured party 2.3 Description of the collateral 2.4 The maximum amount secured 2.5 Other data 3 Rejection of a financing statement 4 Time of effectiveness, authorisation for registration and its verification 5 Impact of errors on the effectiveness 6 Duration of registration 7 Amendment to and discharge of registration 8 Searches of the registry 9 Duty of the secured party to provide information Default and remedies 1 Application of Part VIII 2 Secured party’s right to take possession after default 3 Disposal of collateral 4 Notice of sale 5 Legal effect of disposal 6 Proposal of secured party to retain collateral 7 Enforcement of security interests in accessions 8 Right to redeem collateral and reinstate security agreement 9 Statutory remedy Transitional matters and applicable laws 1 Applicable laws 2 Transition 2.1 Repealed acts 2.2 Preservation of pre-PPSA security interests Bibliography…”

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