(c) notice in accordance with the provisions of section 8(1) shall be in Form 3.

Transcription

1 AGRICULTURAL CHARGES (FORMS) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION (under secion 17) (28h July, 1967) 1. Ciaion 2. Inerpreaion 3. rescribed forms Schedule Forms S.I. 35, 1967, S.I. 14, 1968, 1. Ciaion These Regulaions may be cied as he Agriculural Charges (Forms) Regulaions. 2. Inerpreaion In hese Regulaions "Form" means a form prescribed in he Schedule. 3. rescribed forms For he purposes of he Ac (a) a cerificae of indebedness shall be in Form 1; (b) noice in accordance wih he provisions of secion 7(6) shall be in Form 2; (c) noice in accordance wih he provisions of secion 8(1) shall be in Form 3. SCHEDULE FORMS (Secion 4) Form 1 hp:// 1/6

2 CERTIFICATE OF INDEBTEDNESS KNOW ALL MEN WHOM IT MAY CONCERN THAT, whereas on he...day of THE NATIONAL DEVELOMENT BANK OF BOTSWANA (hereinafer referred o as he BANK) and... (hereinafer referred o as he FARMER residing a... and of posal address and whose dae of birh or, if his is no known, whose approximae age is... concluded an agreemen in erms of which he FARMER is indebed o he BANK in cerain sums of money, and in erms of which agreemen i was agreed ha he Agriculural Charges Ac would apply o he said agreemen. NOW THEREFORE he BANK acing hrough is auhorized agen and he FARMER do hereby cerify as correc a cerificae of indebedness as referred o in secion 4 of he Ac as follows 1. The full names, place of residence, posal address and dae of birh or approximae age of he said farmer are as se ou above. 2. The place of signaure of he cerificae is I is hereby acknowledged ha he BANK has hrough is agen explained fully o THE FARMER he legal effec of making he said agreemen subjec o provisions of he said Ac, and he FARMER hereby acknowledges himself o have fully undersood he explanaion and he legal effec of he said agreemen being subjec o he provisions of he said Ac. 4. I is hereby cerified by he ARTIES and acknowledged by he FARMER, ha in erms of he said agreemen ha he FARMER is indebed o he BANK in he sum of... plus ineres a... % repayable in equal insalmens, including ineres, over a period of... years as se ou below Dae due rincipal Ineres Toal Capial Ousanding rovided ha if he FARMER fails o carry ou any erms of he agreemen in full capial and hp:// 2/6

3 ineres shall forhwih fall due. [i]* 5. I is furher cerified and acknowledged ha in erms of he said agreemen he erms of secion 11 of he Ac apply o he said agreemen and in erms of he said agreemen he following asses of he farmer... are subjec o hypohecaion o he BANK in erms of he said secion. [ii]* 6. Tha in erms of he said agreemen, he following agriculural produce... may only be sold by he FARMER o any of he following buyers Name Address [iii]* 7. In erms of he said agreemen he BANK has he righ under secion 11 of he Ac o ake possession of... being movable asses of he FARMER and realize hem in accordance wih he provisions of ha secion. SIGNED AND CERTIFIED AS CORRECT IN ACCORDANCE WITH THE Daed and Execued by he BANK A... on he... Winesses BANK SIGNED AND CERTIFIED AS CORRECT IN ACCORDANCE WITH THE Daed and Execued by he FARMER A... on he... Winesses FARMER hp:// 3/6

4 Form 2 NOTICE BY THE NATIONAL DEVELOMENT BANK TO A BUYER IN TERMS OF SECTION 7(6) TO:... THE REGISTRAR OF DEEDS, AND... TO: (hereinafer referred o as "he Buyer") TAKE NOTICE THAT WHEREAS... (hereinafer referred o as he "FARMER") has enered ino an Agreemen wih he NATIONAL DEVELOMENT BANK OF BOTSWANA (hereinafer referred o as he "BANK") in erms of which Agreemen he FARMER is indebed o he BANK in cerain sums of money and whereas he FARMER has hypohecaed... o he BANK in accordance wih he provisions of he Agriculural Charges Ac; AND WHEREAS in erms of he Agreemen he FARMER is resriced o selling his said livesock and or agriculural produce o cerain nominaed Buyers; AND WHEREAS he FARMER has applied o he BANK for auhorizaion o sell his agriculural produce o or hrough you he Buyer and whereas he BANK has agreed hereo; NOW THEREFORE ake noice ha he BANK deermines in erms of secion 7(6) of he Agriculural Charges Ac, ha you are a Buyer o whom or hrough whom he said FARMER is auhorized o sell his said agriculural produce and or livesock. Daed a Gaborone his... day of General Manager (Naional Developmen Bank) Form 3 NOTICE BY THE NATIONAL DEVELOMENT BANK TO A BUYER IN TERMS OF SECTION 8(1) TO:... (hereinafer referred o as "he Buyer") TAKE NOTICE THAT WHEREAS... (hereinafer referred o as he FARMER) has enered ino an Agreemen wih he NATIONAL DEVELOMENT BANK OF BOTSWANA (hereinafer referred o as he "BANK") in erms of which Agreemen he FARMER is indebed o he BANK in cerain sums of money and in erms of which Agreemen he FARMER has hypohecaed hp:// 4/6

5 ... in favour of he BANK in erms of he Agriculural Charges Ac and whereas he BANK has regisered a Cerificae of Indebedness in erms of he said Ac agains he name of he FARMER, in he office of he Regisrar of Deeds; AND WHEREAS you he Buyer have been specified as a Buyer in erms of he said Ac o whom or hrough whom he FARMER may sell his livesock and or agriculural produce as defined in he said Ac; AND WHEREAS he FARMER is sill indebed o he BANK which deb has no been paid in erms of he Agreemen enered ino beween he FARMER and he BANK; NOW THEREFORE noice is hereby served on you he Buyer noifying you ha moneys are owing o he BANK by he FARMER and ha he BANK invokes he provisions of secion 8 of he Ac and ha in erms of secion 8(2) you are hereby required, subjec o he provisions of ha secion, o pay o he BANK any moneys owing by you o he FARMER by reason of he sale of... which may from ime o ime hereafer be owing by you o he FARMER by reason of he sale of... up o an amoun of... unil he BANK noifies you in accordance wih he provisions of secion 8(3) of he Ac ha he deb owing by he FARMER is saisfied or ha i no longer wishes o enforce is righs under he Ac. [iv]* Daed a Gaborone his... day of General Manager (Naional Developmen Bank)