12. Controlled goods agreements
Past version: effective from 17/12/2015 - 16/12/2015
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(1) This rule applies where a controlled goods agreement is entered into under paragraph 11(1)(d) of Schedule 1.
(2) The agreement must be in writing, and signed by the enforcement agent and —
(a) the debtor; or
(b) the person authorised by the debtor in accordance with rule 11(1)(b); or
(c) the person in apparent authority in accordance with rule 11(1)(c).
(3) The agreement must contain the following information —
(a) the name and address, including, where appropriate, the trading or business name and the trading or, if registered in the Abu Dhabi Global Market, the registered office address of the debtor;
(b) the reference number or numbers and the date of the agreement;
(c) the names of the persons entering into the agreement;
(d) a contact telephone number and address (including e-mail address) at which, and the days on which and the hours between which the enforcement agent or the enforcement agent's office may be contacted;
(e) a list of the goods of which control has been taken with a description to enable the debtor to identify the goods correctly, including, where applicable —
(i) the manufacturer, model and serial number of the goods;
(ii) in the case of a vehicle, the manufacturer, model, colour and registration mark of the vehicle; and
(iii) the material, colour and usage, and (where appropriate) any other identifying characteristic of the goods; and
(f) the terms of the arrangement entered into between the enforcement agent and the debtor for the repayment, by the debtor, of the sum outstanding.
(4) At the time of entering into the agreement, the enforcement agent must give a copy of the signed agreement to the person who signed it under paragraph (2).
(5) Where the enforcement agent enters into the agreement with a person authorised by the debtor in accordance with rule 11(1)(b) or with a person in apparent authority in accordance with rule 11(1)(c), the enforcement agent must also provide the debtor with a copy of the signed agreement by —
(a) leaving it in a conspicuous place on the relevant or specified premises, where the enforcement agent has taken control of the goods on such premises; or
(b) delivering it to any relevant premises, in a sealed envelope addressed to the debtor, where the enforcement agent has taken control of the goods in a public place.
(6) Where the enforcement agent leaves a copy of the agreement in accordance with paragraph (5)(a) and the enforcement agent knows that a person other than the debtor is on the premises or that there are other occupiers, the copy must be left in a sealed envelope addressed to the debtor.
(7) Paragraph (3)(e) is complied with if —
(a) the enforcement agent provides the debtor with a list of goods of which control has been taken under rule 27(2)(f)(i) or rule 30(1)(e) at the same time as entering into the controlled goods agreement; and
(b) the goods of which control has been taken are the same as those referred to in the list mentioned in sub-paragraph (a).