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# UNIFORM ACT ORGANISING SECURITIES
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COMPILATION OF TREATIES AND UNIFORM ACTS OFFICIAL TRANSLATION
# ADOPTED ON 15 DECEMBER 2010 AT LOMÉ
TABLE OF CONTENTS
PRELIMINARY TITLE – DEFINITION AND SCOPE OF APPLICATION OF SECURITIES – SUCURITIES AGENTS ...309 CHAPTER 1 – DEFINITION AND SCOPE OF APPLICATION OF SECURITIES ...309 CHAPTER 2 – SUCURITIES AGENTS ...309 TITLE 1 – PERSONAL SECURITIES ...311 CHAPTER 1 – SURETY-BONDS ...311 Section 1 – Formation of the Surety-Bond ...311 Section 2 – Terms and Conditions of the Surety Bond ...313 Section 3 – Effects of the Surety Bond ...313 Section 4 – Termination of the Surety Bond ...316 CHAPTER 2 – AUTONOMOUS GUARANTEE AND AUTONOMOUS COUNTER GUARANTEE ...317 Section 1 – Formation ...317 Section 2 – Effects ...317 TITLE 2 – TRANSFERABLE SECURITIES ...319 CHAPTER 1 – REGISTRATION OF THE TRADE AND PERSONAL PROPERTY RIGHTS REGISTER ...319 CHAPTER 2 – POSSESSORY LIEN ...324 CHAPTER 3 – PROPERTY RETAINED OR TRANSFERRED AS SECURITY ...325 Section 1 – Title Retention ...325 Section 2 – Property transferred as Security ...326 Subsection 1 – Transfer of a Debt as Security ...326 Subsection 2 – Fiduciary Transfer of a Sum of Money ...327 CHAPTER 4 – PLEDGE OF TANGIBLE PROPERTY ...328 Section 1 – Constitution of the Pledge ...328 Section 2 – Effects of the Pledge ...329 Section 3 – Termination of the Pledge ...332 Section 4 – Special provisions relating to certain Pledges ...332
UNIFORM ACT ORGANISING SECURITIES
Subsection 1–Pledge of Professional Equipment and Motor Vehicles ...332 Subsection 2 – Pledge of Stocks ...333 CHAPTER 5 – PLEDGE OF INTANGIBLE PROPERTY ...334 Section 1 – Pledge of Debt ...334 Section 2 – Pledge of Bank Account ...335 Section 3 – Pledge of Partnership Rights, Transferable Securities, Stocks ...336 Subsection 1 – Pledge of Partnership Rights and Transferable Securities, Stocks and Shares ...336 Subsection 2 – Pledge of Portfolios ...337 Section 4 – Pledge of Intellectual Property Rights ...339 Section 5 – Pledge of Business property and the Preferential Rights of the Vendor of Business Property ...340 Subsection 1 – Pledge of Business Property ...340 Subsection 2 – Pledge of Preferential Rights of the Vendor of Business Property ...341 Subsection 3 – Applicable Rules of Publicity common to the Pledge of Business Property and the Preferential Rights of the Vendor ...342 Subsection 4 – Effects of Registration ...343 CHAPTER 6 – LIENS AND RIGHTS OF PRIORITY ...344 Section 1 – General Liens ...344 Section 2 – Special Liens ...345 TITLE 3 – MORTGAGES ...346 CHAPTER 1 – GENERAL PROVISIONS ...346 CHAPTER 2 – CONTRACTUAL MORTGAGES ...348 CHAPTER 3 – FORCIBLE MORTGAGES ...350 Section 1 – Statutory Mortgages ...350 Section 2 – Mortgages by Order of Court ...351 CHAPTER 4 – EFFECTS OF THE MORTGAGE ...353 TITLE 4 – DISTRIBUTION OF PROCEEDS AND RANKING OF SECURITIES ...353 TITLE 5 – TRANSITIONAL AND FINAL PROVISIONS ...354
COMPILATION OF TREATIES AND UNIFORM ACTS OFFICIAL TRANSLATION