Property Law in South Africa

Property Law in South Africa

The legal aspects of buying property in South Africa are quite different to other countries and having representation during this phase…

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About Property Law

About Property Law

  South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of…

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FAQs

  • 1. What is the procedure to transfer a property?

    transferproses2

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  • 2. What are the costs involved ?

     

    We will furnish you with a preliminary cost account upon request . Please send your request together with your Purchase Price and/or Bond amount to reception@dvpa.co.za

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  • 3. What documentation do I need to bring with when I come to sign my transfer documents ?

    In terms of the Financial Intelligence Centre Act 38 of 2001, and the regulations thereto, DVP Attorneys is compelled to identify and verify the identity of its clients:

     

    1.

    NATURAL PERSONS


    1.1  SA Citizen/Resident
    ID document containing a photo, full names, date of birth and Identification number.
    (A passport/driver’s license containing the above information will only be accepted with a written reason for the unavailability of the ID document).
    Proof of residential address (less than 3 months old).

    A document(s) confirming Income Tax number as registered at SARS.


    1.2. Foreign Citizens
    Copy of passport.
    Proof of residential address (less than 3 months old).

    Proof of source of funds.


    2.

    LEGAL PERSONS


    2.1  SA Companies
    Certificate of Incorporation , Certificate of Change of Name of Company , where applicable, Notice of Registered Office & Postal Address bearing Registrar’s stamp and signed by the Company Secretary and Certificate of confirmation issued by Cipro of Register of Directors, Auditors and Officer bearing the Registrar’s stamp.
    Proof of business address (less than 3 months old).
    Documents as set out above in respect of the manager, all authorised representatives, and all individuals holding 25% or more of the voting rights at a general meeting.
    Proof of authority to act for company ie. Director’s resolution.

    Documents as set out above and proof of address for legal persons holding 25% or more of the voting rights at a general meeting.


     2.2 SA Close Corporations
    Founding Statement & Certificate of Incorporation (CK1) & Amended Founding Statement (CK2), if applicable, containing Registrar’s stamp and signed by an authorised representative/employee.
    Proof of business address (less than 3 months old).
    Documents as set out above as applicable in respect of each member and all authorised representatives.

    Proof of authority to act for close corporation ie. member’s resolution.


    2.3 Foreign Companies
    •  Official document from foreign regulator witnessing incorporation, bearing the name, number and address.
    •  Proof of business address (less than 3 months old).
      Documents as set out above in respect of the SA manager, all authorised representatives, all individuals holding 25% or more of the voting rights at a general meeting.
      Proof of authority to act for company ie. Director’s resolution.
     

    Applicable documents in respect of legal persons holding 25% or more of the voting rights at a general meeting.


    2.4 Other Legal Persons (eg. clubs, associations, body corporates, retirement funds)
    The constitution or other founding document in terms of which legal person is created
      Documents as set out above in respect of all authorised representatives.
     

    Proof of authority to act for legal person.


    2.5 Partnerships
    Partnership agreement.
    Documents as set out above in respect of all authorised representatives.
    Proof of authority to act for partnership.
     

    Applicable documents in respect of any legal person or an institution exercising executive control


    2.6 Trusts
    The main deed or other founding document such as a will.
    •   Letters of authority from Master (SA trust) or foreign regulator (foreign trusts) to trustees.
      Documents as set out above in respect of an individual founder of the trust, each individual trustee, each individual beneficiary, all authorised representatives.
    •  A death certificate or certificate of deregistration where founder died or ceased to exist.
    Documents as set out above in respect of any institutional beneficiaries, any institutional trustees or institutional founder of the trust.

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