ADMISSION/ REMOVAL PROTOCOL REGISTER
S 18 Attorneys Act – admitted and passed practical
exam
INTRODUCTION When cease to practice lodge with the Re
High Court
Re-admission – the court’s discretion that he is fit and Form to be prescribed:
proper PRACTICE
SCHEDULE
Only citizens can be admitted as attorneys Place of practice – jurisdiction of the court No of Deed - Date of execution - Nature of descrip
he was enrolled and where placed name on deed – Consideration - Value of Stamp on minute
Removal – app by law society or the HC discretion. the roll Grosse
Law society must investigate. The evidence must be
clear and convincing as a criminal case Notary public
• Deed/ doc creating or conveying real PROFESSIONAL CONDUCT
rights of land- person practising as
PROTOCOL such in RSA (irrespective of where the Knowledge and skill – ensure skilled and reliable work
land is situated) the public. Can incur professional liability for damages
Chronological and consecutively numbered minutes
• Doc executed outside RSA, a person professional legal work.
of all notarial deeds
practising in the place where the doc
Only – notarial deed and destined for registration or Care and accuracy – greatest care as presumption that
is executed
any act in the deeds registry are true
NOT OBLIGATORY
Confidentiality and privilege – can’t disclose info unless
1. Certificate NOTARY OFFICE
his privilege
a. Doc was signed before
Only to be done by notary:
b. Meaning of doc explained Professional independence – always be independent c
1. ANC
c. Copy was compared and correct the client. Can’t be under the control of an unqualified p
2. Leases – long-term and subleases
2. Notarial act, certificate of noting, presentation or fees with an unqualified person.
(cancellations and releases as well)
protest of a bill of exchange or promissory note
3. Cessions Conflict of interest – notarial doc attested by a notary w
NO – amend, damage or remove a notarial deed 4. Deeds of servitude interest is invalid. (Van den Heever v Khan – rule also e
recorded in the protocol 5. Notarial bonds notary’s employees)
ONLY – original minutes – signed original 6. Bill of exchange – noting and protest
Reading and explaining – duty to explain the content of
Customary – sea protest
Blank spaces – not allow blank spaces
SEAL OF OFFICE
Witnesses – only if actually see them sign or if they ack
Customary to affix stamp with name and “notary” signatures in his presence.
,INSOLVENCY MENTAL PATIENTS
Acquired before/ during vests in Trustee
Trustee consent
CAPACITY No capacity – cannot accept a donation
Administrator – Master (Mental Health Care Act 17 o
Acquire during insolvency and not part of estate – consent to For a mentally ill person or profound intellectual disa
provide that: DECEASED ESTATES the master or a recommendation by the HC to appoi
• Consents to specific Act
Docs to be obtained (all CC) Curator – HC (Rule 57 of HC rules)
• Lays no claim to it
1. Letters of executorship or Reports of the curator ad litem and Master and evide
If says he may deal freely with it – don’t need new consent
appointment a person of unsound mind and appoint a curator to p
for further acts
2. ID of executor/ rep both
Docs to be obtained: 3. Masters consent
4. Will endorsed by the Master Curator only has powers as referred to in the lett
1. Appointment of trustee (CC)
5. L & D account appointment given by the Master
2. ID of trustee (CC)
3. Insolvency Act Docs needed
a. Prov trustee – Master’s/ Court’s (S18(3)) 1. Appointment CC
b. Prior to 2nd meeting of creditors – Masters consent TRUSTS 2. ID CC
with conditions and directions (S80bis) 3. Court order CC
Docs to be obtained (all CC)
c. Resolution of creditors at 2nd meeting (S82) 4. Approval from Master/ HC
1. Trust deed/ will
5. If will – Master to consent (S42(2))
2. Letters of authority
3. Certificate of auditor – still
MARRIED PERSONS
operating
CLOSE CORPORATIONS
Affidavit to contain 4. Solvency affidavit
• ICOP/OCOP/customary/ Court order/ Civil Union 5. Resolution of trustees – for act Docs to be obtained (all CC)
• Matrimonial property system changed? and trustee to enter into 1. Founding statement and amendments
• Where husband was domiciled at marriage transaction 2. Association agreement
6. ID of trustee signing 3. Certificate of accounting officer
Retain in protocol with the minute
• Not deregistered
1. ID - cert
AGENTS • Names of members
2. Affidavit of identity and marital status
4. Solvency affidavit
3. Marriage certificate etc - cert Docs to be obtained (all CC) 5. Members resolution – for act and member to ent
4. ANC/ PNC/ contract – cert 1. POA where transaction is authorised transaction
5. Solvency affidavit – need one from partner if ever been 2. ID of mandator and docs to confirm 6. ID of member signing
insolvent (S21 of the Insolvency Act 24 of 1936) contractual capacity of mandator
3. ID of agent
, MINORS
COMPANIES
Docs to be obtained (all CC) before 01/05/2011
1. Certificate of incorporation
CAPACITY Children’s Act 38 of 2005
Rule: more than 1 guardian each can be
independently and without the consent o
2. Certificate to commence bus Contracting of a marriage
3. Memo and articles of association • Minister of Home Affairs must consent with guardians – male Need consent of all guardians
4. Certificate from auditors less 18 and female less 15. Refer to in ANC (original consent in 1. Court order
a. Memo reflects all amendments protocol and CC in deed’s office) 2. Law requires so
b. Not deregistered • Also with customary marriages – minister may grant 3. Contracting of a marriage
c. Names of directors consent if marriage is desirable and interest of the 4. Adoption
5. Solvency affidavit parties 5. Departure/ removal from RSA
6. Directors resolution • Unable to get consent of guardian – Commissioner of Child 6. App for passport
7. ID of director signing Welfare to consent 7. For the alienation/ encumbrance of a
• Not if the guardian has refused – if refused – HC judge
8. If greater part of assets – resolution at GM property
• Commissioner refuses to consent – HC judge
of shareholders
• First do app for curator ad litem to recommend for Minor cannot conclude a civil union
Docs to be obtained (all CC) after 01/05/2011 consent to marry
• Court order referred to in ANC (original consent in Minor doesn’t include a minor who pr
Reg certificate
Notice of incorporation protocol and CC in deed’s office)
• Only if reason from Comm is without adequate and ANC
MOI
contrary to minor’s interests • One guardian needed to assist
Certificate from auditors/ accounting
• If Comm is to consent – enquire wh
Solvency affidavit
interests to do ANC, then assist mi
Director’s resolution
positive that is best interests
ID of director signing
If greater part of assets – resolution at GM of CHURCHES, CLUBS AND ASSOCIATIONS Alienate immovable property
shareholders Docs to be obtained (all CC) S 80 Administration of Estates Act 66 of
1. Constitution or mortgage
2. Auditors certificate/ affidavit • Master – less than R250 000
AGENTS • HC – more than R250 000
3. Solvency affidavit
• Also applies: waives preferenc
Docs to be obtained (all CC) 4. Resolution – for act and rep to sign
minor is lessor to long-term le
1. POA where transaction is authorised 5. ID of rep signing • Not apply – pre-emption, bond
2. ID of mandator and docs to confirm
contractual capacity of mandator
3. ID of agent
, STAMP DUTIES ACT 77 OF 1986
Repealed from 1 April 2009
STAMP DUTIES LEASES
Act applies to leases entered into prior
April 2009 but not where signature is a
Notary’s responsibility to ensure the docs were
“I certify, in accordance with the Stamp Duties Act 77
stamped before period – fails = personally liable
of 1968, that revenue stamps to the value of R…………
for stamping
have been affixed to the duplicate original hereof which
Affixed to the face of the minute and duplicate is currently deposited in my protocol.
original was endorsed with a certificate by Notary
notary iro amount of duty
COMMISSIONER OF OATHS
NO FEE AND NO PERSONAL INTEREST IN MATTER Ask deponent: OATH “I swear that the contents of this
1. Know and understand contents are true so help me God.”
SIGNING TO BE DONE IN COMMISSIONER’S PRESENCE OR
2. Objection to taking the oath
MAKE MARK AFFIRMATION “I truly affirm that the c
3. Considers the oath binding on his conscience
BELOW SIGNATURE OF DEPONENT: this declaration are true.”
KNOWS AND UNDERSTANDS CONTENTS
MANNER, PLACE AND DATE
SIGNATURE OF COMMISSIONER
TITLE OF OFFICE
CERTIFIED COPY
AREA OF APPOINTMENT
“I, Monique Anne Levine, Notary, practicing at Pretoria in the Province of Gauteng do hereby
is a true copy of the original with which I have compared it.
_______________
Notary”
S 18 Attorneys Act – admitted and passed practical
exam
INTRODUCTION When cease to practice lodge with the Re
High Court
Re-admission – the court’s discretion that he is fit and Form to be prescribed:
proper PRACTICE
SCHEDULE
Only citizens can be admitted as attorneys Place of practice – jurisdiction of the court No of Deed - Date of execution - Nature of descrip
he was enrolled and where placed name on deed – Consideration - Value of Stamp on minute
Removal – app by law society or the HC discretion. the roll Grosse
Law society must investigate. The evidence must be
clear and convincing as a criminal case Notary public
• Deed/ doc creating or conveying real PROFESSIONAL CONDUCT
rights of land- person practising as
PROTOCOL such in RSA (irrespective of where the Knowledge and skill – ensure skilled and reliable work
land is situated) the public. Can incur professional liability for damages
Chronological and consecutively numbered minutes
• Doc executed outside RSA, a person professional legal work.
of all notarial deeds
practising in the place where the doc
Only – notarial deed and destined for registration or Care and accuracy – greatest care as presumption that
is executed
any act in the deeds registry are true
NOT OBLIGATORY
Confidentiality and privilege – can’t disclose info unless
1. Certificate NOTARY OFFICE
his privilege
a. Doc was signed before
Only to be done by notary:
b. Meaning of doc explained Professional independence – always be independent c
1. ANC
c. Copy was compared and correct the client. Can’t be under the control of an unqualified p
2. Leases – long-term and subleases
2. Notarial act, certificate of noting, presentation or fees with an unqualified person.
(cancellations and releases as well)
protest of a bill of exchange or promissory note
3. Cessions Conflict of interest – notarial doc attested by a notary w
NO – amend, damage or remove a notarial deed 4. Deeds of servitude interest is invalid. (Van den Heever v Khan – rule also e
recorded in the protocol 5. Notarial bonds notary’s employees)
ONLY – original minutes – signed original 6. Bill of exchange – noting and protest
Reading and explaining – duty to explain the content of
Customary – sea protest
Blank spaces – not allow blank spaces
SEAL OF OFFICE
Witnesses – only if actually see them sign or if they ack
Customary to affix stamp with name and “notary” signatures in his presence.
,INSOLVENCY MENTAL PATIENTS
Acquired before/ during vests in Trustee
Trustee consent
CAPACITY No capacity – cannot accept a donation
Administrator – Master (Mental Health Care Act 17 o
Acquire during insolvency and not part of estate – consent to For a mentally ill person or profound intellectual disa
provide that: DECEASED ESTATES the master or a recommendation by the HC to appoi
• Consents to specific Act
Docs to be obtained (all CC) Curator – HC (Rule 57 of HC rules)
• Lays no claim to it
1. Letters of executorship or Reports of the curator ad litem and Master and evide
If says he may deal freely with it – don’t need new consent
appointment a person of unsound mind and appoint a curator to p
for further acts
2. ID of executor/ rep both
Docs to be obtained: 3. Masters consent
4. Will endorsed by the Master Curator only has powers as referred to in the lett
1. Appointment of trustee (CC)
5. L & D account appointment given by the Master
2. ID of trustee (CC)
3. Insolvency Act Docs needed
a. Prov trustee – Master’s/ Court’s (S18(3)) 1. Appointment CC
b. Prior to 2nd meeting of creditors – Masters consent TRUSTS 2. ID CC
with conditions and directions (S80bis) 3. Court order CC
Docs to be obtained (all CC)
c. Resolution of creditors at 2nd meeting (S82) 4. Approval from Master/ HC
1. Trust deed/ will
5. If will – Master to consent (S42(2))
2. Letters of authority
3. Certificate of auditor – still
MARRIED PERSONS
operating
CLOSE CORPORATIONS
Affidavit to contain 4. Solvency affidavit
• ICOP/OCOP/customary/ Court order/ Civil Union 5. Resolution of trustees – for act Docs to be obtained (all CC)
• Matrimonial property system changed? and trustee to enter into 1. Founding statement and amendments
• Where husband was domiciled at marriage transaction 2. Association agreement
6. ID of trustee signing 3. Certificate of accounting officer
Retain in protocol with the minute
• Not deregistered
1. ID - cert
AGENTS • Names of members
2. Affidavit of identity and marital status
4. Solvency affidavit
3. Marriage certificate etc - cert Docs to be obtained (all CC) 5. Members resolution – for act and member to ent
4. ANC/ PNC/ contract – cert 1. POA where transaction is authorised transaction
5. Solvency affidavit – need one from partner if ever been 2. ID of mandator and docs to confirm 6. ID of member signing
insolvent (S21 of the Insolvency Act 24 of 1936) contractual capacity of mandator
3. ID of agent
, MINORS
COMPANIES
Docs to be obtained (all CC) before 01/05/2011
1. Certificate of incorporation
CAPACITY Children’s Act 38 of 2005
Rule: more than 1 guardian each can be
independently and without the consent o
2. Certificate to commence bus Contracting of a marriage
3. Memo and articles of association • Minister of Home Affairs must consent with guardians – male Need consent of all guardians
4. Certificate from auditors less 18 and female less 15. Refer to in ANC (original consent in 1. Court order
a. Memo reflects all amendments protocol and CC in deed’s office) 2. Law requires so
b. Not deregistered • Also with customary marriages – minister may grant 3. Contracting of a marriage
c. Names of directors consent if marriage is desirable and interest of the 4. Adoption
5. Solvency affidavit parties 5. Departure/ removal from RSA
6. Directors resolution • Unable to get consent of guardian – Commissioner of Child 6. App for passport
7. ID of director signing Welfare to consent 7. For the alienation/ encumbrance of a
• Not if the guardian has refused – if refused – HC judge
8. If greater part of assets – resolution at GM property
• Commissioner refuses to consent – HC judge
of shareholders
• First do app for curator ad litem to recommend for Minor cannot conclude a civil union
Docs to be obtained (all CC) after 01/05/2011 consent to marry
• Court order referred to in ANC (original consent in Minor doesn’t include a minor who pr
Reg certificate
Notice of incorporation protocol and CC in deed’s office)
• Only if reason from Comm is without adequate and ANC
MOI
contrary to minor’s interests • One guardian needed to assist
Certificate from auditors/ accounting
• If Comm is to consent – enquire wh
Solvency affidavit
interests to do ANC, then assist mi
Director’s resolution
positive that is best interests
ID of director signing
If greater part of assets – resolution at GM of CHURCHES, CLUBS AND ASSOCIATIONS Alienate immovable property
shareholders Docs to be obtained (all CC) S 80 Administration of Estates Act 66 of
1. Constitution or mortgage
2. Auditors certificate/ affidavit • Master – less than R250 000
AGENTS • HC – more than R250 000
3. Solvency affidavit
• Also applies: waives preferenc
Docs to be obtained (all CC) 4. Resolution – for act and rep to sign
minor is lessor to long-term le
1. POA where transaction is authorised 5. ID of rep signing • Not apply – pre-emption, bond
2. ID of mandator and docs to confirm
contractual capacity of mandator
3. ID of agent
, STAMP DUTIES ACT 77 OF 1986
Repealed from 1 April 2009
STAMP DUTIES LEASES
Act applies to leases entered into prior
April 2009 but not where signature is a
Notary’s responsibility to ensure the docs were
“I certify, in accordance with the Stamp Duties Act 77
stamped before period – fails = personally liable
of 1968, that revenue stamps to the value of R…………
for stamping
have been affixed to the duplicate original hereof which
Affixed to the face of the minute and duplicate is currently deposited in my protocol.
original was endorsed with a certificate by Notary
notary iro amount of duty
COMMISSIONER OF OATHS
NO FEE AND NO PERSONAL INTEREST IN MATTER Ask deponent: OATH “I swear that the contents of this
1. Know and understand contents are true so help me God.”
SIGNING TO BE DONE IN COMMISSIONER’S PRESENCE OR
2. Objection to taking the oath
MAKE MARK AFFIRMATION “I truly affirm that the c
3. Considers the oath binding on his conscience
BELOW SIGNATURE OF DEPONENT: this declaration are true.”
KNOWS AND UNDERSTANDS CONTENTS
MANNER, PLACE AND DATE
SIGNATURE OF COMMISSIONER
TITLE OF OFFICE
CERTIFIED COPY
AREA OF APPOINTMENT
“I, Monique Anne Levine, Notary, practicing at Pretoria in the Province of Gauteng do hereby
is a true copy of the original with which I have compared it.
_______________
Notary”
