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Notarial Deeds

- Featured article by LAWYERS-ONLINE.CO.ZA

What are notarial deeds?

Notarial de eds are prepared by, and signed in the presence of an attorney specifically qualified as a Notary Public. Such deeds are then registered in the relevant Deeds Registry.

In many instances notarial deeds relate to property transactions, and are registered simultaneously with such transactions.

Examples of the more common notarial deeds are: deeds of servitude; bonds ; a ntenuptial contracts; lease agreements; and cessions.

Antenuptial contracts: if you are domiciled in South Africa, your matrimonial regime will be either in community of property or out of community of property. If you do not conclude an ANC prior to your marriage, your marriage will automatically be one in community of property.

If you conclude an ANC prior to your marriage you will be married out of community of property. In your ANC you can choose whether the principle of accrual will apply to your marriage or not.

If you would like to be married out of community of property (with or without accrual), then it is essential that you conclude your ANC prior to the commencement of your marriage.

Authentication of documents - when certain documents are signed in the Republic of South Africa, but are to be used in another country, often they are required to be authenticated.

Date: 14th March 2014
Legislation: Deeds Registries Act, Act 47 of 1937

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