General

Trust citation

The current citation for a Trust in Deeds Office or Notarial documents reads as follows:

Joe Soap,
duly authorised in terms of a resolution of the Trustees for the time being of
ABC Trust
Registration Number 1234/1997
duly authorised in terms of Letters of Authority issued by the Master of the Western Cape High Court

However we have come across a Notarial Deed and Deed of Transfer, wherein the Trust was cited as follows:

Joe Soap,
in his capacity as one of the Trustees for the time being of the ABC Trust
Registration Number 1234/1997
duly authorised in terms of Letters of Authority issued by the Master of the High Court at Cape Town

In the second citation, no reference to resolutions is made. Was this acceptable to the Deeds Office in and during 1997? Therefore, would the Deeds Office have registered deeds with the second citation (no reference to the resolution)?

Brigette van Aswegen

Reader Comments:

Daryl Burman 07/03/2019:

I would have thought that the signature of the Conveyancer, as prescribed in Section 15A read with Regulations 44 and 44A of the DRAct 47/1937, would empowered the Registrar to have registered the Deed.

Sanet Bell 08/03/2019:

See CapeTown Registrars Circulars 7 of 1997 and Registrar Circular 6 of 1998 deals with this issue.

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