10. Mode of registering bills of sale
Feedback & supportA bill of sale shall be attested and registered under this
bill of sale
“bill of sale” includes bills of sale, assignments, transfers, declarations of trust without transfer, inventories of goods with receipt thereto attached, or receipts for purchase money of goods, and other assurances of personal chattels, and also powers of attorney, authorities or licences to take possession of personal chattels as security for any debt, and also any agreement, whether *NOTE—All references to “West Malaysia” shall be construed as reference to “Peninsular Malaysia”– see the Interpretation (Amendment) Act 1997, subsection 5(2). intended or not to be followed by the execution of any other instrument, by which a right in equity to any personal chattels or to any charge or security thereon is conferred, but does not include the following documents— (a) assignments for the benefit of the creditors of the person making or giving the same; (b) ante-nuptial marriage settlements; (c) transfers or assignments of any ship or vessel or share thereof; (d) transfers of goods in the ordinary course of business of any trade or calling; (e) bills of sale of goods in foreign ports or at sea; (f) bills of lading, warehouse-keepers’ certificates, warrants or orders for the delivery of goods, or any other documents used in the ordinary course of business as proof of the possession or control of goods or authorizing or purporting to authorize, either by endorsement or by delivery, the possessor of such documents to transfer or receive goods thereby represented;
Act as in this section provided.
The execution by the grantor of every bill of sale shall be attested—
by an advocate and solicitor of the High Court not being the advocate and solicitor of the grantee; or
by a Magistrate or by a Registrar or Assistant Registrar of the High Court; or
by a commissioner for oaths or a notary public, who shall personally explain to the grantor the effect thereof, and the attestation shall state that before the execution of the bill of sale the effect thereof was so explained as aforesaid.
Such bill, with every schedule or inventory thereto annexed, and also a true copy of such bill and of every such schedule or inventory and of every attestation of the execution of such bill, together with a statutory declaration of the time when such bill was executed by the grantor and of its due execution and attestation, which declaration may be in Form A or Form B of the Second
Schedule, and a description of the residence and occupation of the grantor, or in case the same is made or given by any person under or in the execution of any process, then a description of the residence and occupation of the person against whom such process issued, and of the grantee, and of every attesting witness to such bill, shall be presented to, and the said duplicate and declaration shall, within seven clear days after the execution by the grantor of such bill, be filed in the office of a Registrar or Assistant Registrar in the district of the State within which the property comprised in the bill of sale is situated at the time of registration.
Registrar
“Registrar” and “Assistant Registrar” mean respectively the Registrar and an Assistant Registrar of the High Court;
If the Registrar or Assistant Registrar is of opinion that the property scheduled in any bill of sale is not sufficiently described therein, he shall refuse to register the same until such further particulars shall have been added as may be sufficient to clearly
Assistant Registrar
“Registrar” and “Assistant Registrar” mean respectively the Registrar and an Assistant Registrar of the High Court;
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Bills of Sale identify the property scheduled, and may, if it appears to him necessary or expedient for such clear identification, require or cause the property to be marked or branded with some permanent mark but in such manner as not to injure or disfigure the same.
All things required by the Registrar or Assistant Registrar to be added or done under this subsection shall be added or done within seven days after the bringing of the bill of sale before the Registrar or Assistant Registrar under subsection (3).
If the bill of sale is made or given subject to any defeasance or condition or declaration of trust not contained in the body thereof, such defeasance, condition or declaration shall be deemed to be part of the bill and shall be written on the same paper therewith before the registration, and shall be truly set forth in the copy filed under this Act therewith and as part thereof, otherwise the registration shall be void.