Notarial Authentication of Documents
When you need to have documents signed or copied in South Africa for use outside South Africa, you will need to go through a process of having the documents authenticated. The nature of the authentication process will depend on the country in which the documents will...
FICA and Property Transactions
Often when you deal with attorneys, banks and other institutions you are asked for “FICA documents”. You may not know which documents are required or why they are required. The reason you are being asked for these documents is that the party requesting them falls...
Immovable Property and Invasive Species
Ian Cox, one of our colleagues in the Imber Group (www.imbergroup.co.za) has just written an article on recent legislation which requires a seller of immovable property to disclose to his/her buyer the existence of all invasive species on the property, failing which...
Zero-Rating for VAT
WHEN VAT BECOMES PAYABLE If you are a VAT vendor and are selling an asset, a business or part of a business, you may not always be required to charge Value Added Tax (VAT) on the purchase price. Whether VAT is to be charged will depend on the circumstances of...
Compliance Certificates
When an immovable property (“property”) is sold, certain compliance certificates must be obtained prior to registration of transfer of the property. Some compliance certificates are obligatory in terms of legislation, depending on the particulars of the transaction...
Contracting with a Trust
It is common practice for a trustee of a trust to enter into a contract with a third party on behalf of his/her trust. However trustees must be aware that they must obtain the prior written (not verbal) authorization of all (or in the case of some trusts, a majority)...
Antenuptial Contracts
1. INTRODUCTION Planning for your wedding and marriage is exciting. While much time and focus is directed at planning the wedding itself, it is vital that time and energy also be directed at planning for your marriage and in particular the proprietary consequences of...
Living Wills
It is probably a family’s worst nightmare – a loved one is in an accident and is being kept “alive” by artificial means. Does the family switch the machines off? Would that be the loved one’s wish? Does the doctor agree? A living will is a document signed by a person...
Testamentary Marital Exclusion Clauses
A common clause in wills is one where the testator declares that any bequest to a beneficiary is to be free of any community of property or profit and loss. In other words, the beneficiary’s spouse is not entitled to share in the inheritance. The rationale behind this...
Resolutions and Authority in terms of the 2008 Companies Act
The 2008 Companies Act has given more power to the directors of a company, but also more responsibility. It is important that people dealing with companies know who the directors are and what authority they have to bind the company. Shareholders also need to know...