Sectional Titles Act, 1986 (Act No. 95 of 1986)RegulationsSectional Titles Amendment Regulations, 202116B. |
| (1) | Subject to the provisions of subregulation (3) and (4) a power of attorney, application or consent required for the performance of an act of registration in a deeds registry, and tendered for registration or filing of record in a deeds registry, shall be prepared by a practising attorney, not necessarily practising in the province in which such deeds registry is situate, notary, conveyancer or other person empowered thereto by any act, who shall make and sign a certificate in the undermentioned form in the upper right hand corner on the first page of the document concerned: |
Prepared by me
.................................................................................
ATTORNEY / NOTARY / CONVEYANCER / AUTHORISATION OF OTHER PERSON
(Use whichever is applicable)
.................................................................................
(State full name and surname in block letters)
.................................................................................
(Attorney/Conveyancer/Notary to disclose Legal Practice Council Membership Number)
[Regulation 16B(1) substituted by regulation 4(a) of Notice No. R. 883, GG43614, dated 14 August 2020]
| (2) | Subject to the provisions of subregulation (3), any alteration or interlineation in a document referred to subregulation (1) shall be initialled by the person who prepared such document. |
| (3) | A registrar may waive compliance with the provisions of subregulations (1) and (2) in respect of a power of attorney, application or consent executed outside the Republic or in respect of a power of attorney, application or consent not provided for by the Act or the Regulations. |
| (4) | The provisions of subregulation (1) shall not prevent an attorney, notary or conveyancer in the employ of the State from preparing in the course of his employment, any document mentioned in such subregulation. |
| (5) | When a certificate referred to in subregulation (1) is signed by an attorney or notary, the fact that the signatory is a practising attorney or notary shall be confirmed by a practising conveyancer, who shall countersign the certificate by making and signing the following certificate thereon: |
Countersigned by me
...............................................................................
CONVEYANCER
...............................................................................
(State full name and surname in block letters.)
...............................................................................
(Disclose Legal Practice Council Membership Number)
[Regulation 16B(5) substituted by regulation 4(b) of Notice No. R. 883, GG43614, dated 14 August 2020]
[Regulation 16B inserted by regulation 12 of Notice No. R. 2653 dated 8 November 1991]