268 - AKTA BIL JUALAN 1950

Bills of Sale 1 LAWS OF MALAYSIA REPRINT Act 268 BILLS OF SALE ACT 1950 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 BILLS OF SALE ACT 1950 First enacted ... ...... ... ... ... 1950 (F.M. Ordinance No. 30 of 1950) Revised ... ...... ... ... ... ... 1982 (Act 268 w.e.f. 6 May 1982) PREVIOUS REPRINT First Reprint ... ... ... ... ... 2001 3 LAWS OF MALAYSIA Act 268 BILLS OF SALE ACT 1950 ARRANGEMENT OF SECTIONS Section 1. Short title 2. Application of Act 3. Interpretation 4. Bill of sale to be void under certain circumstances unless attested and registered 5. Bill of sale to be accompanied by schedule of property 6. Bill of sale given by way of security void in certain cases 7. Bill of sale not to protect chattels against rates 8. Possession to be taken under bill of sale under certain circumstances only 9. Sales by public auction 10. Mode of registering bills of sale 11. Priority given by registration 12. Transfers need not be attested 13. Renewal of registration 14. Form of register 15. Rectification of register 16. Entry and satisfaction 17. Inspection of register and office copies 18. Particulars to be forwarded for record in Kuala Lumpur 19. Declarations 20. Assistant Registrars 21. Fees 22. Rules 4 Laws of Malaysia ACT 268 Section 23. Repeal and saving FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE FIFTH SCHEDULE SIXTH SCHEDULE Bills of Sale 5 LAWS OF MALAYSIA Act 268 BILLS OF SALE ACT 1950 An Act relating to Bills of Sale. [1 January 1959, L.N. 374/1958] Short title 1. (1) This Act may be cited as the Bills of Sale Act 1950. (2) This Act shall apply to *Peninsular Malaysia only. Application of Act 2. This Act shall apply to every bill of sale, whether the same is absolute or subject or not subject to any trust, whereby the holder or grantee has power, either with or without notice and immediately or at any future time, to seize or take possession of any personal chattels comprised in or made subject to such bill of sale, but shall not, except as in this Act expressly mentioned, apply to any mortgages, charges or debentures issued by any incorporated company and secured upon the stock or goods, chattels and effects of such company. Interpretation 3. (1) In this Act, unless the context otherwise requires— “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 [Act A996], subsection 5(2). 6 Laws of Malaysia ACT 268 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; “bill of sale” also includes, as regards any personal chattels which may be seized or taken thereunder, every attornment, instrument or agreement whereby a power of distress is given or agreed to be given by any person to any other person by way of security for any debt or advance, and whereby any rent is reserved or made payable as a mode of providing for the payment of interest on such debt or advance or otherwise for the purpose of such security only, but does not include or extend to any mortgage or charge of any estate or interest in any land which the mortgagee or chargee being in possession demises to the mortgagor or chargor as his tenant at a fair and reasonable rent; “bill of sale” also includes agreements for the hire of personal chattels entered into for the purpose of securing the repayment to the lessor of such chattels of money advanced by him to the hirer; and the hirer shall in every such case be deemed to be the grantor of the bill of sale and the lessor shall be deemed to be the grantee thereof; Bills of Sale 7 “factory or workshop” means any premies on which any manual labour is exercised by way of trade or for purposes of gain in or incidental to the following purposes or any of them— (a) the making of any article or part of an article; or (b) the altering, repairing, ornamenting or finishing of any article; or (c) the adapting for sale of any article; “Peninsular Malaysia” has the meaning assigned thereto in section 3 of the Interpretation Acts 1948 and 1967 [Act 388], and includes the Federal Territory. “personal chattels” means goods, furniture and other articles capable of complete transfer by delivery, and trade machinery as hereinafter defined, and, when separately assigned or charged, fixtures and growing crops; but does not include chattel interests in real estate, nor fixtures, except trade machinery as herein after defined, when assigned together with any land or building to which they are affixed, nor growing crops when assigned together with any interest in the land on which they grow, nor shares or interests in the stocks, funds or securities of any government, or in the capital or property of incorporated or joint-stock companies, nor things in action; “Registrar” and “Assistant Registrar” mean respectively the Registrar and an Assistant Registrar of the High Court; “trade machinery” means the machinery used in or attached to any factory or workshop exclusive of— (a) the fixed motive powers, such as the water-wheels and steam-engines, and the steam boilers, donkey-engines, and other fixed appurtenances of such motive powers; (b) the fixed power machinery such as the shafts, wheels, drums and their fixed appurtenances which transmit the action of the motive powers to the other machinery, fixed and loose; and (c) the pipes for steam, gas and water in the factory or workshop; 8 Laws of Malaysia ACT 268 (2) No fixtures or growing crops shall be deemed to be “separately assigned or charged” by reason only that they are assigned by separate words, or that power is given to sever them from the land or building to which they are affixed or from the land on which they grow, without otherwise taking possession of or dealing with such land or building if by the same instrument any interest in the land or building to which such fixtures are affixed or in the land on which such crops grow is also conveyed to the same person or persons. Bill of sale to be void under certain circumstances unless attested and registered 4. (1) Every bill of sale shall be attested and registered under this Act within seven clear days after the execution thereof, or, if it is executed in any place out of Peninsular Malaysia, then within seven clear days after the time at which it would, in the ordinary course of post, arrive in Peninsular Malaysia if posted immediately after the execution thereof, and shall truly set forth the consideration for which it was given, otherwise the following consequences shall ensue— (a) in the case of a bill of sale made or given by way of security for the payment of money by the grantor thereof, such bill of sale shall be void in respect of the personal chattels comprised therein; and (b) in the case of any other bill of sale it shall, as against all trustees or assignees of the estate of the person whose chattels or any of them are comprised in such bill of sale under the law of bankruptcy or liquidation or under any assignment for the benefit of the creditors of such person, and also as against all bailiffs, sheriffs and other persons seizing any chattels comprised in such bill of sale in the execution of any process of any court authorizing the seizure of the chattels of the person by whom or of whose chattels such bill has been made, and also as against every person on whose behalf such process shall have been issued, be deemed fraudulent and void so far as regards the property in or right to the possession of any chattels comprised in such bill of sale which at or after the time of filing the petition for bankruptcy or liquidation or of the execution of such assignment or of executing Bills of Sale 9 such process, as the case may be, and after the expiration of seven days after the execution of such bill of sale are in the possession or apparent possession of the person making such bill of sale or of any person against whom the process has issued under or in the execution of which such bill has been made or given as the case may be. (2) Personal chattels shall be deemed to be in the “apparent possession” of the person making or giving a bill of sale so long as they remain or are in or upon any house, warehouse, shop, building, vessel, works, yard, land or other premises occupied by him, or are used and enjoyed by him in any place whatsoever, notwithstanding that formal possession thereof may have been taken or given by or to any other person. (3) Personal chattels comprised in a valid bill of sale which is duly attested and registered under this Act shall not, so long as such bill of sale continues to be duly registered under this Act be deemed to be in the possession, order or disposition of the grantor of the bill of sale within the meaning of the law of bankruptcy. (4) Subsection (3) shall not apply to personal chattels in the possession, order or disposition of the grantor in his trade or business. Bill of sale to be accompanied by schedule of property 5. (1) Every bill of sale shall have annexed thereto or written thereon a schedule containing an inventory of the personal chattels comprised in the bill of sale, and such bill of sale, save as hereinafter mentioned, shall have effect only in respect of the personal chattels specifically described in such schedule and shall be void in respect of any personal chattels not so specifically described. (2) Save as hereinafter mentioned, every bill of sale shall be void except as against the grantor in respect of any personal chattels specifically described in the schedule thereto of which the grantor was not the true owner at the time of the execution of the bill of sale. (3) Nothing in this section shall render a bill of sale void in respect of any of the following things— (a) any growing crops separately assigned or charged where such crops were actually growing at the time when the bill of sale was executed; 10 Laws of Malaysia ACT 268 (b) any fixtures separately assigned or charged and any plant or trade machinery where such fixtures, plant or trade machinery are used in, attached to, or brought upon any land, plantation, factory, workshop, warehouse or other place in substitution for any of the like fixtures, plant or trade machinery specifically described in the schedule to such bill of sale. Bill of sale given by way of security void in certain cases 6. Subject and without prejudice to the other provisions of this Act for invalidating bills of sale, every bill of sale made or given by way of security for the payment of money by the grantor thereof shall be void in the following cases: (a) if the amount the payment of which is thereby secured is less than one hundred ringgit; or (b) if it is not made in the form in the First Schedule. Bill of sale not to protect chattels against rates 7. A bill of sale made or given by way of security for the payment of money by the grantor thereof shall be no protection against a distress for the recovery of rent or municipal or town board rates or assessments. Possession to be taken under bill of sale under certain circumstances only 8. (1) Personal chattels included in a bill of sale made or given by way of security for the payment of money by the grantor thereof shall not be liable to be seized or taken possession of by the grantee for any other than the following causes— (a) if the grantor makes default in payment of the sum or sums of money thereby secured at the time therein provided for payment or in the performance of any covenant or agreement contained in the bill of sale and necessary for maintaining the security; (b) if the grantor becomes a bankrupt or suffers the said chattels or any of them to be distrained for rent, or municipal or town board rates or assessments or otherwise; Bills of Sale 11 (c) if the grantor fraudulently either removes or suffers to be removed from the premises the said chattels or any of them; (d) if the grantor does not without reasonable excuse upon demand in writing by the grantee produce to him his last receipts for rent and municipal or town board rates and assessments; (e) if execution has been levied against the goods of the grantor under process of any court. (2) All personal chattels seized or taken possession of under or by virtue of any bill of sale shall remain on the premises where they were so seized or taken possession of, and shall not be removed or sold until after the expiration of five clear days from the day on which they were so seized or taken possession of. (3) The grantor may within five days from the seizure or taking possession of any chattels on account of any of the abovementioned causes, apply to the High Court, and such Court, if satisfied that by payment of money or otherwise the said cause of seizure no longer exists, may restrain the grantee from removing or selling the said chattels and may make such other order as seems just: Provided that if the amount, the payment of which is secured by the bill of sale, does not exceed two thousand ringgit such application may be made to the Sessions Court having jurisdiction over the place in which such chattels are situate and such Sessions Court shall have and may exercise in respect of such application all the powers conferred upon the High Court under this subsection. Sales by public auction 9. (1) No sale by the grantee of any chattels so seized or taken possession of as aforesaid shall be made otherwise than by public auction, conducted by some person duly licensed under any statutory provision in Peninsular Malaysia for the licensing of auctioneers. (2) Any sale made in contravention of this section shall be absolutely void, and any person aiding or abetting such sale shall be liable to a fine not exceeding one hundred ringgit. 12 Laws of Malaysia ACT 268 (3) Not more than one year’s arrear of interest shall be recoverable under any bill of sale made or given after the commencement of this Act. Mode of registering bills of sale 10. (1) A bill of sale shall be attested and registered under this Act as in this section provided. (2) The execution by the grantor of every bill of sale shall be attested— (a) by an advocate and solicitor of the High Court not being the advocate and solicitor of the grantee; or (b) by a Magistrate or by a Registrar or Assistant Registrar of the High Court; or (c) 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. (3) 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. (4) 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 Bills of Sale 13 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). (5) 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. Priority given by registration 11. In case two or more bills of sale are given comprising in whole or in part any of the same chattels, they shall have priority in the order of the date of their registration respectively as regards such chattels. Transfers need not be attested 12. A transfer or assignment of a registered bill of sale need not be attested under this Act, but the transferee or assignee of such bill of sale must, within seven clear days after the execution of such transfer or assignment, file with the Registrar or Assistant Registrar, as the case may be, a statutory declaration, in the form in the Third Schedule, stating the date of the bill of sale and of the last registration thereof, the names, residences and occupations of the parties thereto as stated therein, the names, residences and occupations of the parties to each transfer or assignment, and that such bill of sale is still a subsisting security, and shall also produce at the same time to the Registrar or Assistant Registrar, as the case may be, such transfer or assignment; otherwise such transfer or assignment shall be void. Renewal of registration 13. (1) The registration of a bill of sale must be renewed once at least every twelve calendar months, and if a period of twelve calendar months elapses from the registration or renewed registration 14 Laws of Malaysia ACT 268 of a bill of sale without a renewal or further renewal, as the case may be, the registration shall become void. (2) The renewal of a registration shall be effected by filing with the Registrar or Assistant Registrar, as the case may be, a statutory declaration in the form in the Fourth Schedule, stating the date of the bill of sale and of the last registration thereof and the names, residences and occupations of the parties thereto as stated therein, and that the bill of sale is still a subsisting security. Form of register 14. (1) The Registrar and every Assistant Registrar shall keep a register of bills of sale, and shall, upon the filing of any copy of a bill of sale, enter in such register, in the form set out in the Fifth Schedule or in such other form as may be prescribed, the name, residence and occupation of the grantor, or, in case the same is made or given by any person under or in execution of any process, then the name, residence and occupation of the person against whom such process was issued, and also the name of the person or persons to whom or in whose favour the bill is given, together with such other particulars as are shown in such Schedule or as may be prescribed, and shall number all such bills registered in each year consecutively according to the respective dates of their registration. (2) Upon the registration of any declaration of renewal, the like entry shall be made, with the addition of the date and number of the last previous entry relating to the same bill, and the copy of the bill of sale originally filed shall thereupon be marked with the number affixed to such declaration of renewal. (3) Upon the registration of any declaration of transfer or assignment of a bill of sale, an entry thereof shall be made in the register over against the last previous entry relating to such bill of sale. Rectification of register 15. (1) Any Judge of the High Court, on being satisfied that the omission to register a bill of sale or a declaration of renewal or transfer or assignment thereof within the time prescribed, or the omission or mis-statement of the name, residence or occupation of any person, was accidental or due to inadvertence or to absence Bills of Sale 15 from Peninsular Malaysia, may, in his discretion, order such omission or mis-statement to be rectified by the insertion in the register of the true name, residence or occupation, or by extending the time for such registration on such terms and conditions, if any, as to security, notice by advertisement or otherwise, or as to any other matter, as he thinks fit. (2) An application for the rectification of a register under this section shall be made in Chambers. Entry and satisfaction 16. (1) Where the amount, the payment of which is secured by a registered bill of sale, exceeds one thousand ringgit a Judge of the High Court, or, in any other case, a Sessions Court judge having jurisdiction over the district in which such bill of sale is registered may order a memorandum of satisfaction to be written on any registered copy of a bill of sale upon being satisfied that the debt, if any, for which such bill was made or given has been satisfied or discharged. (2) The Registrar or Assistant Registrar may write a memorandum of satisfaction upon any registered copy of a bill of sale on a consent to the satisfaction signed by the person entitled to the benefit of the bill of sale and verified by affidavit being presented to and filed with him, and on the original bill of sale being also produced to him. Inspection of register and office copies 17. (1) Any person shall be entitled to have an office copy of or extract from any registered bill of sale and declaration of execution filed therewith, or registered declaration of renewal, upon paying for the same at the rate of twenty-five sen for every folio of one hundred words or at such other rate as may be prescribed, and every such copy shall be prima facie evidence of the original and of the fact and date of registration as shown thereon. (2) Any person shall be entitled at all reasonable times and subject to such rules as may be prescribed— (a) to search the register on payment of a fee of one ringgit or such other fee as may be prescribed; 16 Laws of Malaysia ACT 268 (b) on a like payment in respect of each bill of sale inspected, to inspect, examine and make extracts from any registered bill of sale: Provided that such extracts shall be limited to the dates of execution, registration, renewal of registration, and satisfaction, to the names, addresses, and occupations of the parties, to the amount of the consideration, and to any further prescribed particulars. Particulars to be forwarded for record in Kuala Lumpur 18. (1) Every Assistant Registrar shall, forthwith after making any entry in his register under this Act, transmit to the Registrar at Kuala Lumpur a verified copy of such entry. (2) The Registrar shall keep at Kuala Lumpur a register of all particulars transmitted to him under subsection (1), and any person may, during the usual office hours and upon payment of a fee of one ringgit or such other fee as may be prescribed, search such register and take a copy of any particulars recorded therein. Declarations 19. (1) Every declaration required by or for the purposes of this Act may be made before any Registrar or Assistant Registrar or before any commissioner for oaths or before a notary public. (2) Every such declaration shall be deemed to be a declaration within the meanings of section 199 and section 200 of the Penal Code [Act 574]. Assistant Registrars 20. (1) All First Class Magistrates, other than Magistrates constituted as such under section 77 of the Subordinate Courts Act 1948 [Act 92], shall be deemed to be ex officio Assistant Registrars of the High Court for the purpose of registering bills of sale. (2) If the Chief Justice is satisfied that in any district there is no First Class Magistrate other than a First Class Magistrate constituted as such under section 77 of the Subordinate Courts Act 1948, readily available for the purpose of registering bills of sale, Bills of Sale 17 then, for every such district, the Chief Justice may, by notification in the Gazette, appoint a First Class Magistrate constituted as such under such section 77 to be an Assistant Registrar of the High Court for the purpose of registering bills of sale in such district. Fees 21. A filing fee of one ringgit or such other fee as may be prescribed shall be payable in every case of registration, renewal of registration, or transfer of a bill of sale. Rules 22. The Rules Committee established by the Courts of Judicature Act 1964 [Act 91], may from time to time make rules in respect of all or any of the following matters— (a) the form of registers of bills of sale and the mode in which the same shall be made and kept; (b) the mode in which registration is to be conducted; (c) the making of entries in the register of the satisfaction or discharge of the debt secured by a registered bill of sale; (d) the forms of declarations and other instruments to be used for the purposes of this Act; (e) the fees to be taken; (f) generally for carrying into effect the objects of this Act. Repeal and saving 23. (1) The Ordinance and Enactments set out in the Sixth Schedule are hereby repealed: Provided that such repeal shall not affect any bill of sale executed before the commencement of this Act, and, as regards any bill of sale so executed, the Ordinance or Enactment applicable to such bill of sale shall be deemed to continue in force. (2) Any renewal after the commencement of this Act of the registration of a bill of sale executed before such commencement, and registered under any Ordinance or Enactment repealed by this Act, shall be made under this Act in the same manner as the renewal of a registration made under this Act. 18 Laws of Malaysia ACT 268 FIRST SCHEDULE [Section 6] BILL OF SALE These Presents made the …… day of ……, 20 ……, between A. B. of …… of the one part and C. D. of …… of the other part, witnesseth that in consideration of the sum of …… ringgit now paid to A. B. by C. D. the receipt of which the said A. B. hereby acknowledges (or whatever else the consideration may be), he the said A. B., doth hereby assign unto C. D., his executors, administrators, and assigns, all and singular the several chattels and things specified in the schedule hereto annexed by way of security for the payment of the sum of …… ringgit, and interest thereon (if interest is payable) at the rate of …… per centum per annum, and the said A. B. doth further agree and declare that he will duly pay to the said C. D. the principal sum aforesaid, together with (if interest is payable) the interest then due, by equal …… payments of …… ringgit on the …. day of …… (or whatever else may be the stipulated times or time of payment): And the said A. B. doth also agree with the said C. D. that he will (here insert terms as to insurance, payment of rent, or otherwise, which the parties may agree to for the maintenance or defeasance of the security): Provided always, that the chattels hereby assigned shall not be liable to seizure or to be taken possession of by the said C. D. for any cause other than those specified in section 8. In witness, etc. Signed and sealed by the said A. B. in the presence of me, E. F. (add witness’s name, address and description) after I had fully explained to the said A. B. the nature and effect hereof. Bills of Sale 19 SECOND SCHEDULE [Section 10] FORM A DECLARATION ON REGISTRATION OF BILL OF SALE ATTESTED BY AN ADVOCATE AND SOLICITOR I, …....................…............, of …...............…, do solemnly and sincerely declare as follows— 1. The paper writing hereto annexed and marked “A” is a true copy of the bill of sale and of every schedule or inventory thereto annexed or therein referred to and of every attestation of the execution thereof as made and given and executed by *…..............… 2. The said bill of sale was made and given by the said* ….............… on the …....... day of ……, 20 ……, to † …… 3. I was present and saw the said * …........... duly execute the said bill of sale on the said …........... day of ……, 20 …… 4. The said *…… resides at (state residence at time of making the declaration) and is (state occupation). 5. The said†.............................. resides at (state residence at time of making the declaration) and is (state occupation). 6. The name …..................… subscribed to the said bill of sale as that of the witness attesting the due execution thereof is in the proper handwriting of this declarant. 7. I am an advocate and solicitor of the High Court and reside at …...................… 8. Before the execution of the said bill of sale by the said *….......… I fully explained to him (or her) the nature and effect thereof. 9. The said bill of sale was not prepared by me or by any person in my employment, nor am I the advocate and solicitor of the grantee thereof. 10. I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1960 [Act 13]. ! Subscribed and solemnly declared " by the abovenamed …......… at ....….. " " in the State of …...… this …..... day " " of …… 20 …. " # " Before me, " " " " Registrar, etc. " $ * i.e., the grantor. † i.e., the grantee. 20 Laws of Malaysia ACT 268 FORM B DECLARATION ON REGISTRATION OF A BILL OF SALE NOT ATTESTED BY AN ADVOCATE AND SOLICITOR I, …....................…, of …..............…, do solemnly and sincerely declare as follows— 1. The paper writing hereto annexed and marked “A” is a true copy of the bill of sale and of every schedule or inventory thereto annexed or therein referred to and of every attestation of the execution thereof as made and given and executed by *…….............. 2. The said bill of sale was made and given by the said *…..........…on the ….....…day of ……20 ……, to †…........… 3. I was present and saw the said * ….......… duly execute the said bill of sale on the said …........ day of .........…., 20 …......... 4. The said *…......................... resides at (state residence at time of making the declaration) and is (state occupation). 5. The said †.…............. resides at (state residence at time of making the declaration) and is (state occupation). 6. The said bill of sale was duly attested in my presence by …..........., of ...........…. (a Magistrate, Registrar, Assistant Registrar, etc.), who before its execution fully explained to the said .............…. the nature and effect thereof. 7. The name ….................... subscribed to the said bill of sale as that of the witness attesting the due execution thereof is in the proper handwriting of the said …............... 8. I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1960. ! Subscribed and solemnly declared " by the abovenamed …......… at ....….. " " in the State of …...… this …..... day " " of …… 20 …. " # " " Before me, " " " " Registrar, etc. $ * i.e., the grantor. † i.e., the grantee. Bills of Sale 21 THIRD SCHEDULE [Section 12] DECLARATION OF TRANSFER OF BILL OF SALE I, …....................…, of …...............…, do solemnly and sincerely declare that a bill of sale bearing date the …........ day of …......, 20 …...., and made between ............…. of the one part and …............. of the other part, which said bill of sale was registered on the …..... day of ….........., 20 …. (and the registration whereof was last renewed on the …....... day of …........., 20 ….), is still a subsisting security, and was by an instrument bearing date the …....... day of …....... 20 …., transferred to …...............of …........................... which said instrument is now produced and shown to me, marked …................., and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act 1960. Subscribed and solemnly declared ! " by the abovenamed …......… at ....….. " " in the State of …...… this …..... day " of …… 20 …. " # " " Before me, " " " Registrar, etc. $ FOURTH SCHEDULE [Section 13] DECLARATION OF RENEWAL OF REGISTRATION I, …..................., of …................, do solemnly and sincerely declare that a bill of sale bearing date the ….... day of ….......... 20 …., and made between ............…. of the one part and ….................. of the other part, which said bill of sale was registered on the ..…. day of ….............. 20 …. is still a subsisting security, and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act 1960. Subscribed and solemnly declared ! " by the abovenamed …......… at ....….. " " in the State of …...… this …..... day " " of …… 20 …. # " " Before me, " " " $ Registrar, etc. 22 Laws of Malaysia ACT 268 FIFTH SCHEDULE [Section 14] FORM OF REGISTER ag B a g p i i y n v r s o e w t n c h e w ( s o o h s m r om f T a o i v n o w u w h r h o g o m i s v e e o n r f r e n e w al f t r a n s f e r t T ra o n s w fe h r o r m ed o o inssued) n n o o ati ati r r o n cl a cl a ati d e d e st r o f o f S ati s f a cti o n e nt e r e d N o. N a m e R e si d e n c e O c c u p ati o n N a m e R e si d e n c e O c c u p ati o n D at e o f i n st r u m e nt D at e o f o ri gi n al r e gi D at e o f r e gi st r ati o n D at e o f r e gi st r ati o n N a m e R e si d e n c e O c c u p ati o n Bills of Sale 23 SIXTH SCHEDULE [Section 23] REPEAL No. Title S.S. Cap. 61 Bills of Sale Ordinance F.M.S. Cap. 57 Bills of Sale Enactment Johore Enactment No. 39 Bills of Sale Enactment Kedah Enactment No. 10 Enactment No. 10 (Bills of Sale) Terengganu Enactment No. 30 Bills of Sale Enactment 1356 of 1356 24 Laws of Malaysia ACT 268 LAWS OF MALAYSIA Act 268 BILLS OF SALE ACT 1950 LIST OF AMENDMENTS Amending law Short title In force from Act 92 Subordinate Courts Act 1948 01-01-1949; 01-06-1981 Ord. 26/1951 Bills of Sale (Amendment) 23-08-1951 Ordinance 1951 L.N. 374/1958 Pending Laws Validation (Bills of 12-12-1958 Sale Ordinance 1950) Order 1958 Ord. 8/1959 Bills of Sale (Amendment) 21-03-1959 Ordinance 1959 Act 13 Statutory Declarations Act 1960 01-06-1961; 01-01-1969 Act 91 Courts of Judicature Act 1964 16-09-1963; 16-03-1964 Act 160 Malaysian Currency (Ringgit) Act 1975 29-08-1975 Bills of Sale 25 LAWS OF MALAYSIA Act 268 BILLS OF SALE ACT 1950 LIST OF SECTIONS AMENDED Section Amending authority In force from 3 Act 91 16-03-1964 6 Act 160 29-08-1975 8 Ord. 8/1959 21-03-1959 Act 160 29-08-1975 9 Act 160 29-08-1975 10 L.N. 374/1958 12-12-1958 Act 91 16-03-1964 16 Act 160 29-08-1975 17 Act 160 29-08-1975 18 Act 160 29-08-1975 20 Act 92 01-01-1949; 01-06-1981 Ord. 26/1951 23-08-1951 Act 91 16-09-1963; 16-03-1964 21 Act 160 29-08-1975 22 Act 91 16-03-1964 First Schedule Act 160 29-08-1975 Second Schedule L.N. 374/1958 12-12-1958 Act 91 16-03-1964 Act 13 01-06-1961; 01-01-1969 Third Schedule L.N. 374/1958 12-12-1958 Act 13 01-06-1961; 01-01-1969 26 Laws of Malaysia ACT 268 Section Amending authority In force from Fourth Schedule L.N. 374/1958 12-12-1958 Act 13 01-06-1961; 01-01-1969 DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA